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ORDINANCE NO. 76
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF AENNEDALE; BY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF RENNEDALE, BEING APPROXIMATELY 4.431
ACRES KNOWN AS LOTS 28A AND 28B, WOODLEA ACRES, FROM "C-2"
COMMERCIAL DISTRICT TO "MH" MANIIFACTURED HOUSING DISTRICT;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO
REFLECT SIICH 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, 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 the Planning and Zoning
Commission of the City of Kennedale on the 20th day of July, 1995, and
by the City Council of the City of Kennedale on the 10th day of August,
1995, 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, 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, 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. 95-02
An approximately 4.431 acre tract, more particularly
described as Lots 28A and 28B, Block 2, Woodlea Acres
Addition to the City of Kennedale.
From "C-2" Commercial District to "MH" Manufactured Housing
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.
It is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
a. ~1
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 10th day of August, 1995.
~~cS
ayor Bill Abbott
ATTEST:
City Secr tary
APPROVED AS TO FORM AND LEGALITY:
1,~~-~ ~-
City Attorney
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:
1Cvranlnly Tlncrs
ICIiNNI:unl,r Nr~vs
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 Hrng re: Woodlea Acres Zoning Change "C-2" to "MH"
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JULY 06,1995
EXECUTED THIS, THE 1ST, DAY OF AUGUST, 1995
JENNIFER CA
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 1ST, DAY OF AUGUST, 1995
~~'a~r'yi~,,: JDHN EDD BLESSING
' ~` J N EDD BLESSING
:`'~'" MY COMMISSION EXPIRES
,3• .~= NOTARY PUBLIC
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