HomeMy WebLinkAboutOrdinance 13107ORDINANCE NO -3I
AN ORDINANCE AMENDING ORDINANCE NO. 11733 TO CORRECT
THE LEGAL DESCRIPTION FOR 4428 POINSETTIA DRIVE, CASE NO
Z-94-96, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth adopted Ordinance No
11733 on November 15, 1994, which included approval of a zoning change for 4428
Poinsettia Drive from "E" Commercial to "PD/SU" Planned Development/Specific Use
for all uses in "E" Commercial and a transmission shop, under Case No Z-94-96,
WHEREAS, Ordinance No 11733 erroneously described the property located
at 4428 Poinsettia Drive as Lot 1 (less the north 90'), Block 9, Brookside Annex
Addition,
WHEREAS, the correct legal description for the property was Lot 1 (less the
north 60'), Block 9, Brookside Annex Addition,
WHEREAS, the City Council now wishes to enact an ordinance to amend '
Ordinance No 11733 in order to reflect the correct legal description for 4428 Poinsettia
Drive,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS.
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SECTION 1
Ordinance No 11733 is hereby amended to correct the legal description for
Case No Z-94-96, as follows
Z-94-96 Lot 1 (less the north 60'), Block 9, Brookside Annex Addition
From "E" Commercial to "PD/SU" Planned Development/Specific Use
for all uses in "E" Commercial and a transmission shop Site plan
waived
(4428 Poinsettia Drive)
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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hereby repealed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 3
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
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
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enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section
SECTION 4.
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 ($2,000 00) for each
offense Each day that a violation is permitted to exist shall constitute a separate
offense
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as
to any and all violations of the provisions of Ordinance No 3011 or any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts
SECTION 6
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013,
Texas Local Government Code
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SECTION 7
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained
APPROVED AS TO FORM AND LEGALITY
Assis nt City Attorney
Date ~~~ a a, I `~ 9 7
ADOPTED ~ ~'`~ ~ ~ a I ~ ' ~
EFFECTIVE
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REF$RENCE NUMBER LOG NAME PAGE
07/29/97 PZ-1977 06POIN 1 of 1
SUBJECT CORRECTION OF LEGAL PROPERTY DESCRIPTION IN ORDINANCE NO 1 1733
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance correcting the legal
property description for a parcel of land located at 4428 Poinsettia Drive rezoned from "E"
Commercial to "PD/SU" for all uses in "E" Commercial and a transmission shop under case No
Z-94-096
DISCUSSION
Ordinance No 1 1733 amended the zoning on Lot 1, Block 9, Brookside Annex Addition, "less
the north 90"' (see Appendix A) This ordinance should have read "less the north 60"' of Lot
1 This correction results in an additional 30' being rezoned than originally defined in the
approving ordinance For this reason, this correction has been scheduled as a public hearing
in conformance with state law Notice of the public hearing was provided in the official
newspaper on Friday, July 11, 1997
This action is located in COUNCIL DISTRICT 7
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that adoption of this ordinance will have no material
effect on City Funds
MG a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CIT
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Ann Kovich 8901 (from)
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For Additional Information ,
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Contact: Cate of Fort Worth, Tex3~t
Ann Kovich 8901
Adopted ~rd~nance Nom
i~ Printed on Recyded Paper