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ORDINANCE NO. 56
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE ZOMNG CLASSIFICATION OF
CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING
APPROXIMATELY 7.02 ACRES ON BOWMAN SPRINGS ROAD TO BE
PLATTED AS LOT 1R, BLOCK 1 SWINEY ESTATES FROM "PD"
PLANNED DEVELOPMENT DISTRICT TO "AG" AGRICULTURAL
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 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,
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
WIIEREAS, 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. 94-02
An approximately 7.02 acre tract out of the David Strickland Survey, Abstract
No. 1376, known as Lots 1, 2, 3, 20B, 21, 22, 23 and 24, Block 1; and Lots
1B, 2B, 3B, 4B and SB, Block 2 Swiney Estates according to the plat
recorded in Volume 388-10, Page 93, Plat Records, Tarrant County, Texas
(being replatted as Lot 1R, Block 1 Swiney Estates) and being more
particularly described as follows:
BEGINNING at a 1/2" iron pin found in the West line of Bowman Springs
Road, said point being the Northeast corner of Lot 1, Block 1, Swiney
Estates, said Point also being the Southeast corner of Lot 1-B, Block 1, A&A
Addition according to plat recorded in Volume 388-154, Page 59, Plat
Records, Tarrant County, Texas;
THENCE South 00 degrees 03 minutes 04 seconds West along the West line
of Bowman Springs Road and the East line of said Block 1, 418.45 feet to
a 1/2" iron pin found at the Northeast corner of a 2.4 acre tract of land
recorded in Volume 6961, Page 132, Deed Records, Tarrant County, Texas;
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THENCE 88 degrees 48 minutes 51 seconds West along the North line of
said 2.4 acre tract 500.86 feet to a 3/8" iron pin found at its Northwest
corner;
THENCE South 88 degrees 55 minutes 10 seconds West 255.30 feet to a 1/2"
iron pin found at the Southeast corner of a tract of land recorded in Volume
6932, Page 1721, Deed Records, Tarrant County, Texas;
THENCE North 00 degrees 09 minutes 24 seconds East 377.66 feet to a 1/2"
iron pin found at the Northeast corner of said tract and being in the South
line of a 2.21 acre tract of land recorded in Volume 5733, Page 363, Deed
Records, Tarrant County, Texas;
THENCE South 88 degrees 57 minutes 59 seconds East 213.06 feet to a 5/8"
iron pin found at the Southeast corner of said 2.21 acre tract;
THENCE North 03 degrees 21 minutes 59 seconds East 45.19 feet to a 3/8"
iron pin found for corner;
THENCE North 88 degrees 21 minutes 11 seconds East 292.19 feet to a 5/8"
iron pin found at the Southwest corner of said Lot 1-B, Block 1, A&A
Addition;
THENCE North 88 degrees 32 minutes 29 seconds East along the South
line of said Lot 1-B, 247.68 feet to the POINT OF BEGINNING and
containing 7.02 acres of land.
From "PD" Planned Development District to "AG" Agricultural 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
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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.
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.
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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.
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 8th day of Sept7ember, 1994.
MAYOR
ATTEST:
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CITY SE ETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorn
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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 TIIViES
KENNEDALE NEWS
FOREST HILL NEws
SOUTH COCINTY 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: Zonong Change of 7,2 acres Blocks 1 and 2 of Swiney Estates
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
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JENNIFER CA E
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 30th, DAY OF AUGUST, 1994
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