O507AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 4 "BUILDINGS AND BUILDING REGULATIONS ", ARTICLE
IX "BUILDING BOARD OF APPEALS ", OF THE CODE OF
ORDINANCES OF THE CTIY OF KENNEDALE (1991), AS AMENDED,
BY ESTABLISHING THE BOARD OF ADJUSTMENT AS THE
BUILDING BOARD OF APPEALS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City of Kennedale has established a Board of Adjustment
pursuant to Section 17 -430 of the Code of Ordinances; and
WHEREAS, the City of Kennedale has also established a Building Board of
Appeals pursuant to Section 4 -246 of the Code of Ordinances; and
WHEREAS, the City Council now deems it advisable and in the public interest to
amend the Code of Ordinances by establishing the Board of Adjustment as the Building
Board of Appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
That Chapter 4 "Buildings and Building Regulations ", Article IX "Building Board of
Appeals ", is amended by revising Section 4 -246 to read as follows:
Sec. 4 -246. - Creation.
A building board of appeals, referred to in this article as "the board," is hereby
created to accomplish purposes and perform functions set forth in this article. The
Board of Adjustment, appointed pursuant to Section 17 -430 of the Code of Ordinances,
shall serve as the building board of appeals, and shall carry out all functions of the
board as described in this Article and the Code of Ordinances. The building official shall
be an ex officio member of the board but shall have no vote on any matter before the
board.
That Chapter 4 "Buildings and Building Regulations ", Article IX "Building Board of
Appeals ", is further amended by repealing Section 4 -247 in its entirety.
SECTION 3.
That Chapter 4 "Buildings and Building Regulations ", Article IX "Building Board of
Appeals ", is further amended by revising Section 4 -248 to read as follows:
Sec. 4 -248. — Qualifications of members.
It is the intent of the city council that the board members shall, to the extent
feasible, have experience, education or training in various fields of building construction
and building standards.
SECTION 4.
That Chapter 4 "Buildings and Building Regulations ", Article IX "Building Board of
Appeals ", is further amended by revising Section 4 -249 to read as follows:
Sec. 4 -249. - Organization.
The board shall meet when required to carry out the duties established by this
article. The board shall adopt its own rules and procedures and shall keep a record of
its proceedings consistent with the provisions of this article and the requirements of law.
The board shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating that fact, and shall keep
records of its decisions and other official actions, all which shall be filed in the office of
the city secretary and kept as public records.
SECTION 5.
That this ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, 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 the conflicting provisions of such ordinances and such Code are
hereby repealed.
SECTION 6.
That it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections 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 enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
That 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.
( z -� f r i � 4
�Ohn Clark, Mayor
ATTEST:
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Amethyst G. k irmo, City Secretary -Z _,• -
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APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney