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O542ORDINANCE NO. 542 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY AMENDING THE VINEYARD PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a scrivener's error was made on the site plan submitted and approved as part of The Vineyard Planned Development District; and WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on November 21, 2013, and the City Council of the City of Kennedale, Texas held a public hearing on December 12, 2013, with respect to the amendments described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing with notice, publication, and procedural requirements for the approval of amending the Schedule of Uses under Section 17 -421 of the Kennedale City Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, THAT: SECTION 1. The Vineyard Planned Development District site plan is hereby amended as follows: "-= W. M Page 1 of 3 SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clause, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 7. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 12 DAY OF DECEMBER 2012. APPROVED: M tr John Clark Page 2 of 3 a``t ttjl If off /, ATTES N >•, City Secretary, Amethyst G. Sloane ;�` : co aA ; ,; � EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: L,3( ( City Attorney, Wayne K. Olson Page 3 of 3 H IM.. ol oz. g o K U.N.M z. pipm Fb f M - - - o 00 z so A R N O z 0 z CLI 0 0 - __I- 1_�_= L I� L J _�_ =1 _I1 NORTH LITTLE SCHOOL RD.. . . . ...... / r1l- --- J"i - L 2N - F - T R, R Z z i 0 a N �M a mw R PIE ass s z" I g� HUMN A z 0 Dp c. = I: 64m Is Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 INVOICE Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 Notice of Misc Fee Customer ID: CIT33 Invoice Number: 327967601 Invoice Date: 11/20/2013 Terms: Net due in 21 days Due Date: 11/30/2013 PO Number: Order Number: 32796760 Sales Rep: 043 Description: Notice of Public Hear Publication Date: 11/20/2013 52 52 LINE $6.16 $320.12 $11.00 Net Amount: $331.12 paease call Amethyst Cirmo City Secretary t 817.985.2144 „u u„ y � ,CRY P CHRISIY LYNNE HOLLAND Notary Public, State of Texas My Commission Expires July 31, 2016 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public In and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the $tar- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the a named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Wveft,4r 21, 2013. Notary Thank You For Your Payment --------------------------------------- - -- --- Remit To : Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 327967601 Invoice Amount: $331.12 PO Number: Amount Enclosed: