HomeMy WebLinkAboutOrdinance 10528., ~~
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ORDINANCE NO. ~~ V
AN ORDINANCE AMENDING ORDINANCE N0. 10494 TO CORRECT A
CLERICAL ERROR IN THE DESCRIPTION OF THE PORTION OF
TRACT 10, BURTON HEIRS PARTITION, IN THE C. T. HILLIARD
SURVEY, ABSTRACT N0. 715, WHICH WAS REZONED TO "E"
COMMERCIAL BY SAID ORDINANCE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION;
AND NAMING AN EFFECTIVE DATE.
WHEREAS, on January 9, 1990, the City Council adopted Ordinance
No. 10494, which amended the Comprehensive Zoning Ordinance,
Ordinance No. 3011, as amended, to change the zoning classifica-
tions of various described areas; and
WHEREAS, one of such areas was a portion of Tract 10, Burton
Heirs Partition, in the C. T. Hilliard Survey, Abstract No. 715,
containing 3.12 acres of land, which was rezoned from
"B" Two-Family to "E" Commercial (Z-89-122); and
WHEREAS, proper legal notice of the public hearing concerning the
proposed rezoning of such parcel was advertised, which notice
contained a correct description of the portion of Tract 10,
Burton Heirs Partition; and
WHEREAS, Ordinance No. 10494 contained a clerical error because
an incorrect description of the portion of Tract 10 was utilized,
and it is necessary to amend such ordinance to correct the error
and confirm the description of the area being rezoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Ordinance No. 10494, which amended Ordinance No. 3011,
be and is hereby amended by changing the description of the
portion of Tract 10, Burton Heirs Partition, which was rezoned
from "B" Two-Family to "E" Commercial (Z-89-122), to read as fol-
lows:
"BEING the easterly 326 feet of Tract 10, Burton Heirs
Partition, in the C. T. Hilliard Survey, Abstract
No. 715, in the City of Fort Worth, Tarrant County,
Texas, and being part of Lot B of said Burton Heirs,
deed dated January 17, 1935, recorded in Volume 1244,
Page 46, D.R.T.C.T., and also being that same tract of
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land conveyed to Eula Smith by deed recorded in
Volume 5087, Page 173, and Volume 9095, Page 284,
D.R.T.C.T., and described by metes and bounds as fol-
lows:
BEGINNING at a point in the center of San Rose Drive,
said point being 25 feet west of the southwest corner
of Lot 6, Block 8, Guy E. Vance Addition, as shown by
plat recorded in Volume 388-M, Page 307, P.R.T.C.T.;
THENCE easterly with the south line of said Lot 6 and
Lot 5, 310 feet past the southeast corner of said
Lot 5, in all, 326 feet to the northeast corner of said
Smith Tract, a point in the west line of Miller Avenue;
THENCE southerly with said west line, 221.57 feet to
the southeast corner of said Smith Tract;
THENCE west with the south line of said Smith Tract,
and the north line of a 25 foot wide strip of land
reserved for a street as shown by plat of Marler
Addition, as recorded in Volume 388-M, Page 269,
D.R.T.C.T., for a total distance of 326 feet to the
point on the north line of Lot 5, said Marler Addition;
THENCE northerly with the southerly extension of the
centerline of said San Rose Drive, for a distance of
approximately 225 feet to the PLACE OF BEGINNING and
containing 1.7 acres of land, more or less.
. (4,000 Miller Avenue)";
so that the permitted uses in such 1.7 acre portion of Tract 10
are altered, changed and amended from "B" Two-Family to "E"
Commercial .
SECTION 2.
That all of the provisions of Ordinance No. 10494, as hereby
amended, shall continue and remain in force and effect.
SECTION 3.
That the zoning regulations and districts, as herein established,
have been made in accordance with the comprehensive plan for the
purpose of promoting the health, safety, morals and general wel-
fare of the community. They have been designed to lessen conges-
tion in the streets; to secure safety from fire, panic, flood and
other dangers; to provide adequate light and air; to prevent over-
crowding 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 public hearing with reasonable
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consideration, among other things, of the character of the dis-
trict and its peculiar suitability for the particular uses and
with a view of conserving the value of building and encouraging
the most appropriate use of land throughout the community.
SECTION 4.
That this ordinance shall be cumulative of all other ordinances
of the City of Fort Worth affecting zoning and shall not repeal
any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct con-
flict with the provisions of this ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of Ordinance
No. 3011 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 or
criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
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 phrase, clause, sen-
tence, paragraph or section of this ordinance shall be declared
void, ineffective or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation herein of any such void,
ineffective or unconstitutional phrase, clause, sentence, para-
graph or section.
SECTION 7.
That 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 One Thousand Dollars ($1000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas, is here-
by directed to engross and enroll this ordinance by copying the
caption and Sections 1, 7 and 10 thereof in the minutes of the
City Council of the City of Fort Worth, Texas, and by filing the
ordinance in the ordinance records of said City.
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SECTION 9.
That the City Secretary of the City of Fort Worth, Texas, is here-
by directed to publish the caption and Sections 1, 7 and 10 of
this ordinance for two ( 2 ) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by VTCA Local Government
Code Subsection 52.013.
SECTION 10.
That 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.
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
Date : ~'" ~ ~ y ~ ~
Adopted•
Effective•
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DATE REFERENCE
NUMBER SUBJECT ADOPTION OF ORDINANCE TO CORRECT PAGE
~ Eklt.S ERROR IN DESCRIPTION OF PROPERTY 1
2-20-90 **PZ-1572 REZONED BY ORDINANCE N0. 10494 '°f-_
£"`3 PORTION OF TRACT 10, BURTON HEIRS
PARTITION): Z-89-122
RECOMMENDATION.
It is recommended that the City Council adopt the attached ordinance which
amends Ordinance No. 10494 to correct a clerical error in the description of
Burton Heirs Partition, Tract 10, which was rezoned by Ordinance No. 10494.
DISCUSSION.
On January 9, 1990, the City Council adopted Ordinance No. 10494 changing the
zoning classification of the above described parcel of property located at
4000 Miller Avenue from "B" Two-Family to "E" Commercial as recommended by
the Zoning Commission.
Due to an error in the lega l description of this property in the adopted
Ordinance, it is necessary to adopt the attached ordinance to correct the
description.
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ADPROVED BY
CITY COUNCIL
F E 8 20 1990
CitT Secretary of the
City of Far Worth, TexpO
SUBMITTED FOR Itit
OFFICEABY GER'S Wi 11 i am Wood
6122
DISPOSITION BY COUNCIL:
PROCESSED BY
^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: JOe Bi 1 drdi 8901 CITY SECRETARY
FOR ADDITIONAL INFOR~QATIO
CONTACT UDe ~ilardi
$901
Adopted Ordinance No
DAT
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