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AN ORDINANCE AMENDING ORDINANCE NO. 40, AS
AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
A CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE
FROM "R -3" SINGLE FAMILY RESIDENTIAL TO "AG"
AGRICULTURAL, BEING APPROXIMATELY 2.61 ACRES
ENCOMPASSING A PORTON OF LOT 1R, BLOCK A,
BOWERMAN ADDITION; PROVIDING FOR THE AMENDMENT
OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Home Rule municipality acting
under its charter adopted by the electorate pursuant to Article XI 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, Bowerman Oil & Gas, a person or entity having a proprietary interest
in a certain property being an approximately 2.61 acre tract located in the B. Jopling
Survey, Abstract No. 866, and the J R Hawkins Survey, Abstract No. 792, Tarrant
County, Texas, also known as a portion of Lot 1 R, Block A, Bowerman Addition, being
that same tract conveyed to Bowerman Oil & Gas according to the deed recorded in
County Clerk's Instrument Number D210322334, Deed Records, Tarrant County,
Texas, has filed an application to rezone the property from its present classification of
"R -3" Single Family Residential District to "AG" Agricultural District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on the 17 day of January 2013 and by the City
Council of the City of Kennedale on the 14 day of February 2013 with respect to the
zoning changes described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public
interest to amend the City's Zoning Ordinance as described herein,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or
restricted as shown and described below:
An approximately 2.61 acre tract in the B. Jopling Survey, Abstract
No. 866, and the J R Hawkins Survey, Abstract No. 792, Tarrant
County, Texas, being that same tract conveyed to Bowerman Oil &
Gas according to the deed recorded in County Clerk's Instrument
Number D210322334, Deed Records, Tarrant County, Texas, and
more particularly described as a portion of Lot 1R, Block A,
Bowerman Addition, Kennedale, Tarrant County, as shown and
described in Exhibit "A" attached hereto and incorporated herein,
from "R -3" Single Family Residential District to "AG" Agricultural
District.
The zoning districts and boundaries as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the
health, safety, morals and general welfare of the community. They have been designed
to lessen congestion in the streets, to secure safety from fire, panic, flood and other
dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid
undue concentration of population, to facilitate the adequate provisions of
transportation, water, sewerage, parks and other public requirements. They have been
made after a full and complete hearing with reasonable consideration among other
things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 3.
The City Secretary is hereby directed to amend the official zoning map to reflect
the changes in classifications approved herein.
SECTION 4.
The use of the properties hereinabove described shall be subject to all the
applicable regulations contained in the Comprehensive Zoning Ordinance and all other
applicable and pertinent ordinances of the City of Kennedale, Texas.
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, including but
not limited to all Ordinances of the City of Kennedale affecting zoning and land use, and
shall not repeal any of the provisions of such ordinances except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights or remedies of the City of Kennedale Texas are expressly saved as to
any and all violations of any ordinances governing zoning or of any amendments thereto
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 same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases
clauses sentences paragraphs and sections of this ordinance are severable and if any
phrase clause sentence paragraph or section 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 phrases clauses sentences
paragraphs and sections of this ordinance since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase clause sentence paragraph or section.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue
of the newspaper if the official newspaper is a weekly newspaper as authorized by
Section 3.10 of the City of Kennedale Charter.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
y4A'YOR John Clark
ATTEST:
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CITY SECRE ARY Amethyst G. Cirmo
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EFFECTIVE: - Z 0 1-5 ' c 4
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY Wayne K. Olson
Exhibit "A"
Metes and bounds description
And
Copy of minor plat