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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A"
OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED,
BY PROVIDING FOR THE LOCATION OF TEMPORARY BATCH PLANTS
(CONCRETE OR ASPHALTIC) IN ALL ZONING DISTRICTS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSS-
MENT AND ENROLLMENT; PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Ordinance No. 3011, as amended, is hereby amended by add-
ing to Section 18, "Modifications to District Regulations," the fol-
lowing new Paragraph C:
"C. A temporary batch plant (concrete or asphaltic) for
road and highway construction may be located in any
zoning district, provided that:
1. The time period is no more than six (6) months;
2. The site is located six hundred feet (600') or
more from properties upon which dwellings are
constructed; and
3. A site plan has been. filed in the office of the
Building Official, showing the location of the
temporary batch plant, the distance from im-
proved residential properties, and the streets
to be paved ."
SECTION 2.
That Ordinance No. 3011, as amended, is hereby amended by re-
wising Section 20, "Board of Adjustment," by adding the following to
the List of Special Exceptions itemized in Paragraph C, "Authorized
Special Exceptions":
"41. Temporary batch plant (con-
crete or asphaltic) for road
or highway construction when
used for more than a six (6)
month period."
All zones except "K"
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SECTION 3.
This ordinance 'shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 4.
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, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional 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 5.
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 ($1,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 3011,. as amended, or any other ordinances affecting
zoning which 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
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not, under such ordinances, same shall not be affected by this ordi-
nance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof, as pro-
vided in Chapter XXV, Section 3, of the Charter of the City of Fort
Worth, Texas.
SECTION $.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1, 2, 5 and 10 in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION 9.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1, 2, 5 and 10 of this
ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil
Statutes of Texas.
SECTION 10.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ ~ ~ _ ~
ADOPTED:
EFFECTIVE:
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