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O553ORDINANCE NO. 553 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE FROM "C -2" GENERAL COMMERCIAL DISTRICT TO "EC" EMPLOYMENT CENTER 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 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 (the "Zoning Ordinance "); and WHEREAS, the City has filed an application to rezone an approximately 3.1 acre tract of land more particularly described herein from its present classification of "C -2" General Commercial to "EC" Employment Center District; and WHEREAS, a public hearing was held by the Planning and Zoning Commission of the City of Kennedale on the 17 day of July, 2014 and by the City Council of the City of Kennedale on the 14th day of August, 2014 with respect to the rezoning 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 has determined that the Employment Center district is the most appropriate zoning district to facilitate the development of the property and does hereby deem it advisable and in the public interest to amend the Zoning Ordinance as described herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The 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 3.1 acre tract, more particularly described as David Strickland Survey A1376 Tr 32B01 & 32D, M J Freeman Addn Blk 1 Lot 1, Broyles Addn Blk 1 Lot 1 & Part of closed street, and Dunlap Subdivision Blk 1 Lot 1, Kennedale, Tarrant County, Texas, as shown on Exhibit "A" attached hereto (the "Property "), from "C -2" General Commercial district to "EC" Employment Center district. SECTION 2. The use of the Property shall be subject to the restrictions, terms and conditions set forth in the Employment Center District Code and Chapter 17, Article V, Division 10, "Subdivision Design Criteria" of the Kennedale City Code, and shall be subject to all other applicable regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, to the extent not modified by the regulations set forth in the Employment Center District Code. SECTION 3. 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 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. 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. SECTION 6. 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. SECTION 7. 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 8. 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 9. 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. SECTION 10. 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 11. 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. PASSED AND APPROVED ON THIS 14 DAY OF AUGUST 2014. s ' 91:101T/0��1 Mayor Brian Jo ATTEST: City Secretary Amethyst Sloane EFFECTIVE: 8 r � C1 -201Lj APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson ` OF KENNY : <` . a =v. CO C OUNI ��i��� l '' Exhibit "A" Map of Properties to be Re -Zoned Broyles Addition Blk 1 Lot 1 8 Pt Closed Street Dunlap Subdivision - Kennedale _ ; Blk 1 Lot 1 s \r Symb � ol s enneaecy ms Q PZ 14 -07 site of request ye a 0 Oaa tiO P qJ Freeman, M J Blk 1 Lot 1 \ O e, SE 3� F� �8 $z N 0 25 50 wimmmiz= Feet O e, SE 3� F� �8 $z N 0 25 50 wimmmiz= Feet INVOICE Star - Telegram Customer ID: CIT33 808 Throckmorton St. Invoice Number: 331141711 FORT WORTH, TX 76102 Invoice Date 8/19/2014 (817)390 -7761 Federal Tax ID 26- 2674582 Terms Net due in 21 days DISTRICT; PROVIDING FOR THE Due Date: 8/31/2014 Bill To: ZONING MAP TO REFLECT SUCH PO Number: CITY OF KENNEDALE — 405 MUNICIPAL DR Order Number: 33114171 KENNEDALE, TX 76060 -2249 Sales Rep: 073 VIDING`OR A =:PENALTY" FOR VI OLATIONS"HEREOF; PROVIDING Description: ORDINANCE NO. 5 A SAVINGS CLAUSE;' PROVIDING Publication Dates: 8/18/2014 - 8/19/2014 ORDINANCE NO. 5 ORDINANCE AMENDING oRDI 580 NANCE , No. 40, AS AMENDED; ". 1 52 52 LINE $6.11 $635.24 REZONING-CERTAIN. PROPERT Misc Fee , WITHI E °CITY LIMIT F :THE ERAL $10.00 COMMERCIAL DISTRICT TO'6ECd EMPLOYMENT CENTER DISTRICT; PROVIDING FOR THE AMENDMENT OF ,THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS : Net A $645.24 ORDINANCE SHALL BE CUMULA- ' TL VE'OF',ALL`.ORDINANCES; "PRO -1 VIDING`OR A =:PENALTY" FOR VI OLATIONS"HEREOF; PROVIDING A SAVINGS CLAUSE;' PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE 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 ,PR: P "s CNRISTY LYNNE HOLLAND day that a violation is permitted : °' �` Notary Public, State of Texas to exist shall constitute a separate offense. The City of the A. My Commission Expires - ,��, City ofKennedaleisherebydirected .,, July 31, 2016 THE STATE OF TE oft fKenn edalethecaptloo` County of Tarrant penalty clause, publication clause and effective date clause of this Before me, a Notar, ordinance as provided + by Section 3.10 of the Charter of the City State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Ken This ordinance shat be being duly did depose say that the Telegram, publishe rt Wo in full force' and effect from and in Tarrant County, Texas; and who, after sworn, and attached clipping o after the date of its Passage and + in th abo a named paper on the listed dates: S & LEGAL DEPT. STAR TELEGRAM (817) 390 -7039 publication as.required' by law, and it is so ordained. PASSED, ` ADOPTED AND APPROVED by the ^ City Council of the City of . ned of s / 5 August 1014 %MAYOR BRAN SUBSCRIBED AN I «JOHNSON '` /ATTEST/ /5/ Thursday, A u 2014. AMETHYST G. SLOANE, C TV SECRETARY /APPROVED AS TO FORM /5/WAYNEX OLSON, CITY otary Public Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram P.O. BOX 901051 FORT WORTH, TX 76101 -2051 Customer ID: CIT33 Customer Name: CITY OF KENNEDALE Invoice Number: 331141711 Invoice Amount: $645.24 PO Number: Amount Enclosed: