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ORDINANCE NO. 190
AN ORDINANCE AMENDING ORDINANCE NO. 143, THE SUBDIVISION
REGULATIONS FOR THE CITY OF KENNEDALE, AS AMENDED, BY
REVISING THE REGULATIONS APPLICABLE TO SCREENING WALLS
ADJACENT TO A COLLECTOR STREET OR LARGER; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; 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, pursuant to Chapter 212 of the Local Government Code, the City has
adopted Subdivision Regulations regulating the subdivision of land within the City limits
and extraterritorial jurisdiction of the City of Kennedale for the purpose or promoting the
public health, safety, morals and general welfare, all in accordance with a comprehensive
plan; and
WHEREAS, the city council of the City of Kennedale, Texas, does hereby deem it
advisable and in the public interest to amend the Subdivision Regulations of the City of
Kennedale as described herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission
of the City of Kennedale on the 20th day of April, 2000, and by the City Council of the City
of Kennedale on the 11th day of May, 2000, with respect to the amendments contained
herein; and
WHEREAS, all requirements of law dealing with notice and publication and all
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procedural requirements have been complied with in accordance with the Subdivision
Regulations and Chapter 212 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 355 of the Subdivision Regulations for the City of Kennedale is hereby
amended by revising paragraphs A. and C. to read as follows:
A. The developer of any lot located in a newly platted residential
subdivision or resubdivision of existing residential lots, adjacent to a
collector street, or larger, as shown on the prevailing Master
Thoroughfare Plan, shall be required to construct a screening wall
along and adjacent to said collector street. The screening wall shall
be constructed of brick columns spaced no more than twenty feet
(20') apart with connecting panels of brick, stone, concrete, fired
masonry, or exposed aggregate tilt-wall type material. Are-plat of an
existing one lot residential subdivision is exempt from this
requirement.
*******
C. Any subdivision screening wall shall be constructed in accordance
with the standards and specifications contained in the Public Works
Design manual as well as a set of construction plans that have been
approved by the Building Inspector. A combination of masonry and
landscaping, at street intersections and subdivision entrances, is
considered to be satisfactory; however, no subdivision screening wall
shall be constructed within the right-of-way.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the Code of
the City of Kennedale, Texas, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
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SECTION 3.
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.
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 Five Hundred Dollars ($500.00) 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 Kennedale are expressly saved as to any and
all violations of the provisions of the Code of the City of Kennedale (1992), as amended,
or any other ordinance or code provision affecting the development of land 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.
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SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication clause
and effective date clause of this ordinance as provided by Section 3.10 of the Charter of
the City of Kennedale.
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.
PASSED AND APPROVED ON THIS 11th DAY OF May, 2000.
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
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