O57ORDINANCE NO. 57
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING
APPROXIMATELY 10.131 ACRES KNOWN AS TRACTS 2 AND 2B T.F.
RODGERS SURVEY ABSTRACT 1363 FROM "PD" PLANNED
DEVELOPMENT DISTRICT TO "AG" AGRICULTURAL DISTRICT;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING
MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THI5
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-]aw 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,
and to amend said ordinance and map 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 18th day of August, 1994, and by the City Council of the
City of Kennedale on the 8th day of September, 1994, with respect to the zoning change
described herein; and
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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, BE 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. 94-03
An approximately 10.131 acre tract of land known as Tracts 2 and 2B out of
the T.F. Rodgers Survey, Abstract 1363 and being more particularly described
as follows:
BEING 10.131 acres of land out of the T.F. Rodgers Survey, A-1363, and
being that same tract of land conveyed to Mrs. Rubye Evans, and described
as 10 acres, by deed recorded in Volume 2295, Page 44, of the Deed Records
of Tarrant County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod set by a fence corner in the east Right-Of-Way
line of Little Road (County Road No. 2103), said iron rod being the most
westerly southwest corner of a tract conveyed to Roy M. Light, et ux, by
deed recorded in Volume 10992, Page 324, Deed Records of Tarrant County,
Texas;
THENCE N 89 ° 47' 08" E with a fence line along the south line of said
Light tract, 1160.34 feet to an iron pipe found at the northeast corner of said
Evans tract;
THENCE S 1 ° OS' 30" E with a fence line, 374.35 feet to an iron rod found
at fence corner at the southeast corner of said Evans tract;
f:\files\muni\keu\ordiuanc\zouechg.005 (09-08-94) 2
THENCE S 89 ° 4T 28" W with a fence line along the common line between
the Evans and Harrison tract, 1188.47 feet to an iron pipe found in the east
Right-Of-Way line of Little Road;
THENCE N 0 ° 29' 28" E with said Right-Of--Way line, 199.5 feet to an iron
rod set for corner;
THENCE N 6° 1T 48" E with said Right-Of-Way line, 175.84 feet to the
Point of Beginning.
From "AG" Agricultural District to "R-1" Residential 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 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.
f:\files\muai\ken\ordinanc\wnechg.005 (09-08-44) 3
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.
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 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.
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.,
SECTION S.
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
PASSED AND APPROVED this 8th day of September, 1994.
~~~
YOR
ATTEST:
CITY SEQRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorne
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B~ 8:. •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:
Public Hearing re: Change to Zoning, 10.131 Acres of T.E. Rodgers Survey
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
AUGUST 18, 1994
EXECUTED THIS, THE 30th, DAY OF AUGUST, 1994
;~
~. ~, ~
JENNIFER CAT
SUBSCRIBED AND SWORN TO BEFORE ME THIS,
~i.°i JOHN EDD 9LESStNQ
~'t ~"p MY COMMt q~
~ +{~ SSION EXPI
,~ :~• ~Y 10, 1987
THE 30th, DAY OF AUGUST, 1994
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J N EDD BLESSING
NOTARY PUBLIC
TEXAS