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O543ORDINANCE NO. 543 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 4 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, REQUIRING THE USE OF LEAD -FREE FLUX AND SOLDER IN PLUMBING INSTALLATION OR REPAIR; 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 Council does hereby deem it necessary to amend this ordinance governing materials quality of plumbing installations in order to protect the health, safety, and welfare of the citizens of the City of Kennedale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, THAT: SECTION 1. Section 4 -122 of the Kennedale City Code is hereby amended to read as follows: It shall be illegal to use solder or flux in any plumbing installation or repair within the city limits with a lead content of greater than 0.02. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when 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of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed.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 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clause, or phrase 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 sections, paragraphs, sentences, clause, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. 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 Page 1 of 2 fined not more than Two Thousand Dollars ($2,000.00). 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 any ordinances governing zoning that 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 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 the date of its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 12 DAY OF DECEMBER 2013. APPROVED: M or John Clark ATTES City Secretary, Amethyst G. Sloane EFFECTIVE: 12 — 1 `?--c L`5 APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson s V *. �C/)� Qr . 'r: 7 .......• ;��� °° ,qy ;off r1 ``�� Page 2 of 2 INVOICE Star - Telegram Customer ID: CIT33 400 W. 7TH STREET Invoice Number: 309377961 FORT WORTH, Tx 76102 Invoice Date: 3/23/2010 (817) 390 -7761 Federal Tax. ID 26- 2674582 Terms: Net due in 21 days Due Date: 3/31/2010 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number: 30937796 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 3/23/2010 ptcx� y oration Co i Depth Linage . MU - Rate Amount .�..�, w. ...... NOTICE NOTICE Notice s0 �we or '80 1 55 55 LINE $2.96 $162.85 t0 1 nteres es� Kenneclal .CX, "- par 11 thatahe City recewe public in ut' C en d regartlin the City g {he al MiSO Fee of Kennedale; Texas iow g4 object, wiliconduct a Public 1 �t��,,Gdse 1UrQ2.� =: $ 10 • 00 Net Amount: $172.85 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 C_ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, March Notary Thank You For Your Payment -------------------------------------------- Remit To : Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 309377961 Invoice Amount: $172.85 PO Number: Amount Enclosed: rcenneaa�e, ax, qil citizens .are 'en couraged,to attend q bpd the hearing to offer° public comments or HR16 . HOLLAND may provide written to the SS irjriif}P1 Ei comments `secretary City 's,Of -' a July l '�$" fice, 4 05 Municipal Dr. Kennedale . TX 76,640, prior to,the THE STATE OF TEXAS hearing• For"-,'Ad s,. County of Tarrant t1onpi informati n, , lease ra��ca Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 C_ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, March Notary Thank You For Your Payment -------------------------------------------- Remit To : Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 309377961 Invoice Amount: $172.85 PO Number: Amount Enclosed: