O513AORDINANCE 513 -A
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING
SECTION 17 -421 SCHEDULE OF USES BY ADDING ICE SALES —
RETAIL AS A PERMITTED USE WITH A CONDITIONAL USE PERMIT
IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 17 -431
DEFINITIONS BY ADDING A DEFINTION FOR ICE SALES -- RETAIL
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, in order to promote the public health, safety and general welfare the City
Council desires to adopt the proposed amendment to its city code in order to add
regulations governing the retail sales of ice; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on October 18, 2012, and the City Council of the City of Kennedale,
Texas held a public hearing on November 7, 2012, with respect to the amendments
described herein; and
Whereas, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing
with notice, publication, and procedural requirements for the approval of amending the
Schedule of Uses under Section 17 -421 of the Kennedale City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby
amended by adding the use Ice Sales — Retail to the Schedule of Uses under Chapter
17 of the Kennedale City Code as a Conditional Use Permit, as follows:
See Exhibit "A"
SECTION 2.
The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby
amended by adding a definition for Ice Sales — Retail to Section 17 -431 Definitions of
the Kennedale City Code, as follows:
Ice Sales— Retail means a freestanding, self- contained facility no
larger than 15.0' feet in height and no larger than 300 square feet in area
that may operate with or without full -time service personnel. The unit is
designed to store and /or manufacture ice for sale directly to the final
consumer. The primary product for sale is ice, but filtered water may also
be sold as a secondary product.
SECTION 3.
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 4.
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 5.
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). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
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 7.
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 8.
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 DAY OF 7 NOVEMBER 2012.
OK I
MA OR
ATTEST:
KEN/ 4i�
CITY SECR TARY o Y
:co
EFFECTIVE: l ° Z Z' Z CG I Z ' ® ® i S ���•
APPROVED AS TO FORM AND LEGALITY:
es
CITY ATTORNEY
INVOICE
Star - Telegram
808 Throckmorton St.
FORT WORTH, TX. 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE GQ �� N
405 MUNICIPAL DR R
KENNEDALE, TX 76060 -2249
NOTIPE
Mise Fee
I3580 1
Customer ID:
CIT33
Invoice Number:
323113051
Invoice Date:
10/15/2012
Terms:
Net due in 21 days
Due Date:
10/31/2012
PO Number:
- N. y� M Commission Expires
y
Order Number:
32311305
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Date:
10/15/2012
th I7rna AMU Ra Amy int %
44 44 LINE .
$6.17 $271.64
$11.00
Net Amount:
$282.64
Before mE av cnr a.aY �eneaSY� v�[4ce yy�.
Municipal Dr I<ennedate; 7X76060; unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star pnoi to the �fgaring Eor`additicnat egram, Irlc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the at info "rmatron please cailllmehystt was ublished in the above named paper on the listed dates: BIDS &LEGAL DEPT. STAR TELEGRAM
Cirmo City Sec[etaryr a2 i P
(817} 215 �lv.�as xxrfa_;..
p p
- - —
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Octo er ?,/,h012r
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: 323113051
Invoice Amount: $282.64
PO Number:
Amount Enclosed:
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t - d M i d e Y a c t i d n on a r e quest by ASE "
Ice for a Conditions[ Use Per�it as
3n;Sectmn.17 -421 of the "
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,,
�.�..� CHRISTY LYNNE HOLLAND
f required
Kehnedale city code "td allouu Ice"
, o.• ,:
2: �' Notary Public, State of Texas
Sale "s Retail "at 198 "E ""6roadwajr°
C
- N. y� M Commission Expires
y
legal descriPtton o f A Boaz
Subdivision "Lot" 36E;" KennedaIt;
to Texas.
' %' ""� +�' _ July 31, 201 b
THE STA
Count Of
Y
Tarrant Ail citizens
ar'e ; encouraged= to " attend�� the
hearingAof: offer dubr. comments "
Before mE av cnr a.aY �eneaSY� v�[4ce yy�.
Municipal Dr I<ennedate; 7X76060; unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star pnoi to the �fgaring Eor`additicnat egram, Irlc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the at info "rmatron please cailllmehystt was ublished in the above named paper on the listed dates: BIDS &LEGAL DEPT. STAR TELEGRAM
Cirmo City Sec[etaryr a2 i P
(817} 215 �lv.�as xxrfa_;..
p p
- - —
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Octo er ?,/,h012r
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: 323113051
Invoice Amount: $282.64
PO Number:
Amount Enclosed:
� ._..._........_e........_ _