O527ORDINANCE NO. 527
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II, "PLANNING
AND ZONING COMMISSION ", OF THE CODE OF ORDINANCES OF
THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY
ESTABLISHING NEW SECTIONS PROVIDING FOR CREATION AND
PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND
REQUIREMENTS, AND POWERS AND DUTIES; 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 X1, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council previously adopted an ordinance providing for the creation
and appointment of the Planning and Zoning Commission; and
WHEREAS, the City Council now desires to amend said ordinance to revise the
provisions regarding membership on the commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 17, Article II of the Kennedale City Code is hereby amended in its entirety to
read as follows:
"ARTICLE II. PLANNING AND ZONING COMMISSION
Sec. 17 -21. Creation and Purpose.
There is hereby created a Planning and Zoning Commission. Such commission shall be
officially designated as the Planning and Zoning Commission of the City of Kennedale, Texas.
The commission shall recommend to the city council the boundaries of the various zoning
districts and appropriate regulations to be enforced therein and any proposed amendment thereto
and shall collect data and keep itself informed as to the best practices generally in effect
regarding city planning and zoning. Areas in which the commission may be qualified to act
include the present and future movement of traffic, the segregation of residential and business
districts, and the convenience and safety of persons and property within the City of Kennedale.
Sec. 17 -22. Membership.
(a) Appointed by majority vote of the City Council, this commission shall consist of seven
(7) regular members designated by Places 1 through 7. Appointments shall take place in October
of each year, with Places 1, 3, 5, and 7 appointed in odd numbered years and Places 2, 4, and 6
appointed in even numbered years. The city council may, at its discretion, appoint two (2)
additional persons to serve as alternate members to the planning and zoning commission,
designated as Places 8 and 9. The alternate members shall only be entitled to serve at any
meeting of the commission in which a regular member is absent. If only one regular member is
absent the chair shall determine which alternate shall be entitled to serve during the regular
member's absence. When serving in the absence of a regular member, an alternate member shall
have the same powers, authority and duties as a regular member of the commission.
(b) The term for each place shall be two (2) years. Members must meet the following
qualifications:
(1) Be a registered voter of the city;
(2) Shall have resided in the corporate limits of the city for at least one (1) year; and
(3) Continue residency in the city during the term of office.
(c) The City Council shall appoint a replacement to fill any vacancy for the unexpired term
of any member whose place has become vacant.
(d) The City Council shall have the authority to remove any member at any time, with or
without cause.
Sec. 17 -23. Organization, Rules, and Requirements.
(a) By November of each year, the city council shall designate a chair and a vice chair. The
terms of the chair and vice chair shall be one (1) year. It will be the duty of the chair to preside
over meetings and to assist in setting meeting agendas. If the chair is absent the vice chair shall
assume the duties of that office.
(b) Members of the commission shall meet at least ten (10) times per year, on a regular day
and time selected by its members. The chair may call special meetings as necessary.
(c) The commission shall adopt rules of procedure that are not inconsistent with state law to
conduct meetings and govern its proceedings. The commission shall abide by the Texas Open
Meetings Law, and shall keep a record of its proceedings, including votes and attendance, and
shall submit these records to the City Secretary's Office.
(d) Members of the commission shall not take any action unless a quorum is present. A
quorum shall consist of four (4) members. Each member, including the hair, is entitled to one (1)
vote, and action of the commission shall require a majority of those members present.
(e) The City Manager shall designate a city employee to serve as staff liaison to the
commission.
(f) Members of the commission shall receive five dollars ($5.00) for each regular meeting
attended as compensation for the performance of their duties, but no compensation shall be paid
for special meetings. In addition, members may receive reimbursement of authorized expenses
attendant to the performance of their duties.
Sec. 17 -24. Powers and Duties.
The commission is advisory only and shall not have any decision - malting authority. The
commission shall have the following powers, authority and duties:
(1) To make studies and project plans for the improvement of the city with a view to
its development and extension, and to recommend to the city council all matters
for the development and the advancement of city facilities, layouts and
appearances, and to perform the duties imposed upon a city planning and zoning
commission by the state statutes.
(2) To make plans and maps of the whole or any portion of the city and of land
outside the city limits located within the extraterritorial jurisdiction of the city,
and any other land outside the city which in the opinion of the commission bears a
relation to the planning of the city, and to make such changes and additions and
extensions of plans or maps as it deems advisable.
(3) To consult with and advise private property owners pertaining to location and
erection of private structures with the view of having the same conform to the
overall city plan.
(4) To act with and assist all other municipal and governmental agencies, and
especially the city council, in formulating and executing plans for municipal
development.
(5) To plan and recommend the location, plan and extent of city alleyways, parks,
playgrounds, airports, automobile parking places, and other public grounds and
improvements, for the location and planning of public buildings, schools and
other properties, and of public utilities, including bus terminals, railway depots
and terminals, whether public or private, water, lights, sanitation, sewage
disposal, drainage, flood control, transportation, communication and shipping
facilities, and for the removal, relocation, widening, extension, narrowing,
vacation, abandonment or changes of use of any of the foregoing public places,
works, buildings, facilities or utilities.
(6) To select and recommend to the city council routes of streets, avenues and
boulevards, and particularly to investigate and recommend the opening, widening
or abandonment of streets, avenues, boulevards and alleyways, or the changing
thereof to conform to the city's system, present and future, of all streets, avenues,
boulevards, alleyways and parks.
(7) To investigate, consider and report to the city council upon the layout and plans of
any new subdivision to the city and property situated within the city's
extraterritorial jurisdiction, and to approve or reject all plans, plats or replats of
additions within the city limits and within the extraterritorial jurisdiction.
(8) To recommend to the city council for adoption rules and regulations governing
plats and subdivisions of land within the corporate limits of the city or within the
extraterritorial jurisdiction of the city, to promote health, safety, morals and
general welfare of the community, and the safe, orderly and healthful
development of the community, which rules and regulations may be adopted by
the city council after public hearing held thereon.
(9) To recommend plans to the city council for improving, developing, expanding
and beautifying the parks, lakes and public buildings in or adjacent to the city, and
to cooperate with the city council and other agencies of the city in devising,
establishing, locating, improving, selecting, expanding and maintaining public
parks, works, playgrounds, lakes and other areas for public recreation.
(10) To aid and assist the city council by recommending plans for the development of
civic centers, and to make investigations, consider and make recommendations to
the city council concerning traffic regulations, routing and control, and highway
designations.
(11) To investigate and establish zoning regulations for the entire city, and from time
to time to review all zoning regulations and make recommendations on
amendments, and to review and act on all exceptions permitted under zoning
changes involving major land use.
See. 17 -26 — 17 -99. Reserved."
SECTION 2.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, 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.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 8th day of August, 2013.
M or, John Clark
Attest:
Amethyst G. Cirml, City Secretary ����F.KENNF�9,,',
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Effective Date: � °° b 1 : ,..� � _ CO
Approved As To Form And Legality:
Wayne Olson, City Attorney