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Ord 730 Amending Ordinance 703, Permitted Uses to allow Temporary Concrete Batch PlantsAN ORDINANCE OF ! OF AMENDING ORDINANCE 703 BY AMEN1 i USES TO ALLOW TEMPORARY ! BATCH PLANTS WITH AN APPROVED SPECIFIC PERMIT; PROVIDING PROVIDING DATE.CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE 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, fords 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, fords 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 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Ordinance 703, 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 730 Pagel oft 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 Edads, Town Secretary Laura Wheat, Mayor -Zr6;�V4 Tom Bry , T wn Manager Ordinance 730 Page of R-­--'-&'� Notary Public, Staie of Texas My Commission Expires July 31, 2016 THE STATE Oil APPROVED QN'fK1:> Im" County of Tarral 20 -NE, -20,14'' Before me, aNn��PubU� uandhnua�C««n��mm�personallyB�a���C����hxt��� Baylor,�d sworn, them Star - Telegram, 'puu|ishedby�a5�"Te|egmm.|no.utFn�VYo�h.inTanantCovn�.Tmmo;und*ko.ofteruvmgou�nEm-' STAR TELEGRAM d�d*pon*�n4���a ` attached '{ippingofanaUve�inement*mnpub|iahodmthe amodpaper onthe listed dates: ^L r/. (817) 215-2323 t&"9� GUBGC��EDANDSVVORNTOBEFORE�E.TH|0 Tovsu Notary Public �,OU�i}T"�0ll[p � Thank You ' Remit T\�' ~^~'' --' P.O.BOX g0I05l FORT WORTH, TX 76101-2051 TOW2 TOWN OFWES?LAKB 330446501 $427.08 �=�^ ^ �u�e�c ��^ 7O�27 � *U����X� Star -Telegram - ~ Invoice Number: 330446501 V08Tbroukmonou��� FORT WORTH, I% 761-02 Invoice Date: 6/20/2014 (817) 390-7761- ��c�du�in ' 2l �oya Federal Tax \D26'2S74582 . Due Date: 6/30/2014 Bill To: PO Number: TOWN OF WBSTLAKE Order Number: 33044650 3VILLAGE CDIS7E202 07� \�ESTIAJ<Z�, 7X 76262-7940 � Sales Rep: Description: TOWN OF WESTLA Publication Dates: 6/19/2014 6/20/2014 TO OF 13580 1 34 34 LINE $6.13 $417.08 NG Mise F BATCH PLANTS', WITH AN APPROVED SPECJFICUSE PERMIT, PROVIDING A PENALTY- CLAUSE; PROVIDING C0MULATIVE.CLAUSE; PRO -.1,r- A (Zr-VrR RILITY CLAUSE; Net Amount: R-­--'-&'� Notary Public, Staie of Texas My Commission Expires July 31, 2016 THE STATE Oil APPROVED QN'fK1:> Im" County of Tarral 20 -NE, -20,14'' Before me, aNn��PubU� uandhnua�C««n��mm�personallyB�a���C����hxt��� Baylor,�d sworn, them Star - Telegram, 'puu|ishedby�a5�"Te|egmm.|no.utFn�VYo�h.inTanantCovn�.Tmmo;und*ko.ofteruvmgou�nEm-' STAR TELEGRAM d�d*pon*�n4���a ` attached '{ippingofanaUve�inement*mnpub|iahodmthe amodpaper onthe listed dates: ^L r/. (817) 215-2323 t&"9� GUBGC��EDANDSVVORNTOBEFORE�E.TH|0 Tovsu Notary Public �,OU�i}T"�0ll[p � Thank You ' Remit T\�' ~^~'' --' P.O.BOX g0I05l FORT WORTH, TX 76101-2051 TOW2 TOWN OFWES?LAKB 330446501 $427.08