O386ORDINANCE NO. 386
AN ORDINANCE AMENDING KENNEDALE CITY CODE SECTION 22-86
REGARDING TRUCK ROUTES AND WEIGHT LIMITS ON DICK PRICE
ROAD IN THE CITY OF KENNEDALE TO ALLOW USE OF DICK PRICE
ROAD BY WRITTEN AGREEMENT WITH THE CITY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR 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, Texas 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, Section 22-86 of the Kennedale City Code regulates the operation of
vehicles over ten thousand pounds gross weight on city streets and provides for the use
of truck routes within the City of Kennedale, including special permitting requirements for
the use of Dick Price Road; and
WHEREAS, the City Council has determined that with regard to certain operators
of commercial vehicles in excess of ten thousand pounds gross weight that regularly
require access to portions of Dick Price Road, it would be more efficient to address this
access by written agreement than through the existing permitting procedures of Chapter
22 of the City Code; and
WHEREAS, the City Council desires to amend Section 22-86 to provide that access
to Dick Price Road may be granted either by a permit issued under Chapter 22 or through
a written access agreement between the operator and the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
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SECTION 1.
Subsection (c) of Section 22-86 of the Kennedale City Code shall be amended to
read as follows:
(c) Notwithstanding the language in subsections (a) and (b), above, a
person commits an offense if the person operates a commercial motor
vehicle, truck-tractor, road tractor trailer, semitrailer, pole trailer,
mobile home, modular home, manufactured housing or any
combination thereof over ten thousand (10,000) pounds gross weight,
on or upon any portion of Dick Price Road which was within the city
limits on March 12, 2003, without a permit from the city, unless a
current and valid written agreement with the city specifically
authorizes the person to operate such vehicles on or upon Dick Price
Road.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, 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, 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
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to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Hundred Dollars ($200.00) 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 Kennedale City Code or any other ordinances affecting
speed limits 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.
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 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 10"' DAY OF JANUARY, 2008.
y
MAYOR
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