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O100 (DENIED)~- n ~/ ~~ CITY OF RENNEDALE ORDINANCE NO. 100 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENNEDALE, BEING APPROXIMATELY .903 ACRES ENCOMPASSING TRACT 31C, DAVID STRICALAND SIIRVEY, ABSTRACT 1376; FROM "R1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "C2" GENERAL COMMERCIAL DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CIIMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAIISE; PROVIDING A SEVERABILITY CLAIISE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality located in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; 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 public hearing was duly held by by the City Council of the City of Kennedale on the 14th day of March, 1996, 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 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, SE ZT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENNEDALE, TEXAS: SECTION 1. Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: ZONING CASE NO. 96-03 An approximately .903 acre tract known as Tract 31C, David Strickland Survey, Abstract No. 1376, Tarrant County, Texas, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R1" Single Family Residential District to "C2" General Commercial District. SECTION 2. 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 allowed 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 9. 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 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other 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 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 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 7. 2 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 8. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 14th day of March, 1996. l ATTEST: ~- h e City Secretary J ~' APPROVED AS TO FORM AND LEGALITY: Mayor Bill Abbott 3 B' & B Publishing, Inc. 833 East Enon P.O. Box 40230 Everman, TX 76140-0230 Phone (817) 478-4661 AFFIDAVIT OF PUBLICATION STATE OF TEXAS: COUNTY OF TARRANT; CITY OF KENNEDALE Publishers Of: EVERMAN TIMES KENNEDALE NEWS FOREST HILL NEWS SOUTH COUNTY NEWS BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY who having been duly sworn, says upon her oath; That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC. which are weekly newspapers published in Tarrant County, Texas with a general circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County and that a copy of; Pub, Hrg. re: Rezoning -David Strickland Survey which is attached to this affidavit, was published in said newspapers on the following date(s); to wit MAY 30,1996 EXECUTED THIS, THE 4TH, DAY OF JUNE, 1996 ,~ JENNIFER C HEY. SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 4TH, DAY OF JUNE, 1996 ~? > ~ ~, HN EDD BLESSING ,.;~~~"~~~K'~~;: JOHN EOD 6LES&ING NOTARY PUBLIC MY CAMkAIS510N E%pIHES "~ "` TEXAS =;;~, .:g~ July 10,1997 ;Q: x°'