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Ord 729 Amending Ordinance 202 to allow temporary Concrete Batch Plants in Planned Development PD-1C�7-i71►/1►t� D1►[i�ilr•L'] 1 1; WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens and property owners in the Town of Westlake, to allow Temporary Concrete Batch Plants on all properties regardless of zoning district, with a Specific Use Permit; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens and property owners in the Town of Westlake, to regulate the location, access and operations of Temporary Concrete Batch Plants; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it environmentally conscientious to encourage the use of Temporary Concrete Batch Plants which will reduce the number of trucks on local roadways; TIOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Ordinance 202, Section 1, be amended to read as follows: Section 1. Principal Uses Permitted. No building, structure or premises shall be used other than for the following purposes, together with the ancillary and accessory uses specified in Section 2 : A. Office buildings for business and professional use, including, but not limited to, administrative, executive, engineering, accounting, scientific, research and development, educational, marketing, information processing, computers, statistical and financial purposes, provided such use shall not involve any Ordinance 729 Pagel of 3 machinery or process which pollutes the environment, including without limitation those which emit dust, smoke, odor, fumes, noise, vibrations or the like; B. Educational facilities and temporary accommodations for employees, customers, and visitors to such educational facilities; C. Hotel and conferencing facilities; D. Retail uses including but not limited to, medical and dental clinics, cafeterias, restaurants, travel agencies, banks and other financial institutions, hair salons, jewelry stores, child care centers, dry cleaners, and other uses permitted under the retail category of the Comprehensive Zoning Ordinance of 1992, as amended; E. Institutional and/or Govermnental Uses; and F. Sports and health club; and G. Temporary Concrete Batching Plant, with an approved Specific Use Permit. SECTION 3: PENALTY. 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 all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections 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 they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code 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. Ordinance 729 Page 2 of 3 SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the effective date of this ordinance. SECTION 8: EFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 1&4&.AZ &ZU& Laura Wheat, Mayor ATTEST: Ordinance 729 Page 3 of 3 Star -Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 330125871 FORT WORTH, TX 76102 Invoice Date: 5/24/2014 (817) 390-7761 Federal Tax ID 26-2674582 'Perms: Net due in 21 days Due Date: 5/31/2014 Bill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 33012587 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 5/23/2014 - 5/24/2014 W-KOF"w9s,)W TOWN OF W', �� ���, I3580 1 40 40 LINE $6.12 $489.80 Misc Fee t G TI$E Pilo ZdalN 6lmi , $10.00 BY AMENDING TIE 11ST OF PERMITTED, VISES: TO- ALLOW TEMPCIRARY . CONCRETE BATCH PLANTS WITH AN APPROVED SpECc11AZiiT`, P#31t!?�11G ,CLAUS PROVIDING— PCtE A�Ai Net Amount: $499.80 AiIUECLAUS , PRO- t, iNGPA-IALT,Y SEVERA ILY'�CVk' PROVIDING PL�ITA6,AUTHORIZING, . ESTABLISHING, � AN' EPPECTIVE DATE,'S CTiON 3; PENALTY. ANY, PERSON,, �I FIR , OR CORPORATION- ORPORATION WHO", 1i� HO , .. VIOLATES, 4ISQ'SEYS; 0MITS,NEGI.ECT OR R,EJVSSES -'O C..{{'k?MPLY' WITH ip}pflq}M 042EM . `- £tYf',±�A 1 IAAAANCE SHALL 84FIJyOT` x& ,. �».».-......,..-..._..�...e....-..—.a ..�-^-°^" �yacttr M . CIRETt'IAI�t TUDTH (1U.SAiD DC?# LABS f2 €its (147 EQR: AEL"� 1>'1(tLAi'I(3S I�l�t?L�I�3G2itt��: p� CH, jSjy tYI4lIE HOLT D_.. At �'� �° Sfit€� r 14o;ar / 1 u .c, FSE SAFETY I'ICL ING _ ATbATC N jI SAF TiCll 00ENEA lH My E a2�i0�Er� s �lrbAmi� � July 31, DU%MPtNGO R0USE AND'SHALL' ,fi4y eFlw THE STATE C FED`DT iP3R,TkIA#iFFtE County of Tarr 11iIIVDRE` E'GLI A {S?7 1171 ALL, OTHER VIOLATIONSS OF -THIS Before me at ORDINANCE, EACH DAY TNAT A VIOLATION 1S PERMITTED TO, ty and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Tele ram ut 9 p jSf .: SE#AEx , SHALL C ESTI #TE ,A at Fort Worth, in Tarrant County, Texas; SE€rAR OM SE. RAS= and who, after being duly sworn, did depose and say that the attached clipp"� , , , A€OAPPRO�� LT Shed in the ab e named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM F MAY; (817) 215-232. OAY- 4 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, May 30, 2014. Notary Public. Thank You For Your Payment Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: TOW27 TOWN OF WESTLAKE 330125871 $499.80 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Customer ID: TOW27 Invoice Number: 330105021 v , Invoice Date: 5/22/2014 Terms: Net due in 21 days Due Date: 5/31/2014 PO Number: Order Number: 33010502 Sales Rep: 073 Description: TOWN OF WESTLA Publication Date: 5/22/2014 "t 'F '° �' CliRIS`lY LYNNE HOLLAND ®° = Notary Pubiic, State o, texas My Comrz-aission expires July 31, 2016 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the ave named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 t tt _ t V 0 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Notary Public / vv Thank You For Your Payment Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 330105021 Invoice Amount: $130.14 PO Number: Amount Enclosed: