O304OFFICIp~ CITY
ORDINANCE NO. 304 $~eR~TARY'$ COPY
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF KENNEDALE, TEXAS BY CHANGING THE ZONING
CLASSIFICATION ON CERTAIN PROPERTY IN THE CITY OF KENNEDALE;
REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5, 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; and
WHEREAS, the owner of the property located on Lot 36A1, C. A. Boaz, and containing
approximately .3380 acres, has filed an application to rezone the property from its present
classification of "C-2" General Commercial to "C-1" Restricted Commercial; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on July 21, 2005, and the City Council of the City of Kennedale, Texas, held a
public hearing on July 28, 2005, with respect to the zoning change described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, and all other laws dealing with notice, publication and procedural
requirements for the rezoning of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
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SECTION 1.
The Comprehensive Zoning Ordinance, as amended, is hereby amended by rezoning
the hereinafter described property and area:
Lot 36A1, C.A. Boaz Subdivision containing approximately .3380 acres, as
more particularly described on Exhibit "A" attached hereto and
incorporated herein:
from "C-2" General Commercial District to "C-1" Restricted Commercial District.
SECTION 2.
The zoning district as herein established has been made in accordance with a
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare
of the community.
SECTION 3.
The official zoning map of the City of Kennedale is amended and the City
Secretary is directed to revise the official zoning map to reflect the approved zoning as
set forth above.
SECTION 4.
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, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph,
sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid
Page 2
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence,
clause or phrase.
SECTION 6.
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 day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of any ordinances governing zoning 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, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 9.
This Ordinance shall be in full force and effect from and after the date of its passage and
publication as required by law, and it is so ordained.
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PASSED AND APPROVED ON THIS
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EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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ATTEST:
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AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, a notary public in and for the above named County, on this day personally appeared the
person whose name is subscribed below, who having been duly sworn, says upon oath that he or she is a duly
authorized officer or employee of the South Tarrant Star, which is a newspaper of general circulation in the
above named county, devoting not less than 25 of its total column lineage to the carrying of items of general
interest, published not less frequently than once each week, entered as periodical permit postal matter in the
county where published, and having been published regularly and continuously for not less than 12 months
prior to the making of any publication. The clipping attached to this Affidavit was published in said
newspaper on the following date(s):
ULY 4
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Authorized Officer or E loyee