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Ord 731 Approving a Specific Use Permit for a temporary concrete batch plant in Planned Development PD1-3AN ORDINANCE OF THE TOWNOF i ORDINANCE693 (PDI-3) BY AMENDING THE PERMITTED USES TO ALLO AUTHORIZINGTEMPORARY CONCRETE BATCH PLANTS WITH AN APPROVED SPECIFIC US PERMIT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIV CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVIN PUBLICATION; i ESTABLISHING DATE. 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; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Ordinance 693, Article II. Uses, Section 1 Land Use Schedule, be amended by adding to the Land Use Schedule: Temporary Concrete Batching Plants, 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. Ordinance 731 Paget of2 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. 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. Kelly dwar` , Town Secretary APPROVED AS TO FORM: k_ t L. S nton Lo ry, Town Attorney Lau a Wheat, Mayor Tom Brym r, To nMdnager Ordinance 73I Page of SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, May 30, 20 MUS 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: 330125881 Invoice Amount: $475.56 PO Number: Amount Enclosed: •a 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Dili To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Misc Fee Customer ID: TOW27I Invoice Number: 330105031 Invoice Date: 5/22/2014 Terms: e ue in 1 days Due Date: 5/31/2014 PO Number: Order Number: 33010503 Sales Rep: 073 Description: TOWN OF WESTLA Publication Date: 5/22/2014 I358.0 1 18 18 LINE $6.34 $114.08 $10.00 Net Amount: $124.08 ._•A.C{(R�i G3N.IVC HO L.6 A!`E it k Atr w< m t f 3 3 hilC iOi 7GX's td�y tcornrnission xpires -= Jule' 31, 2316 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 ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ma 22, 1 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: 330105031 Invoice Amount: $124.08 PO Number: Amount Enclosed: $ 808 Throckmorton St. FORT WORTH, TX 761024 (817)390-7761 Federal Tax ID 26-2674582 Dill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 NO. I3580 Mise F THE STATE OF TEXAS County of Tarrant Customer ID: TOW27 vo Inice Number: 330105041 Invoice Date: 5/22/2014 'perms: et due in 21 days Due Date: 5/31/2014 PO Number: Order Number: 33010504 Sales Rep: 073 Description: TOWN OF WESTLA Publication Date: 5/22/2014 1 18 18 LINE $6.34 $114.08 $10.00 Net Amount: 124.08 �`4`yPI[b,,y CHMSTY LYNNE HOLLAND pR P: 9 r,•s m °' ._ • v Notary Pubfic, Stote of fiexas My Conjr-nission Expires, July 31, 2016 � 1 bPYill ikt�, _„mom - - e 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 a�gve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 i \ t , n {} Sign 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 330105041 $124.08 I___ ___1