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ORDINANCE NO. 134
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AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY PROVIDING FOR THE LOCATION OF IMPOUNDED
VEHICLE STORAGE FACILITIES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE
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WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; 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 City of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend the Comprehensive Zoning Ordinance, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-421 "Schedule of Uses and Off-Street Parking Requirements", of the
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Kennedale Zoning Ordinance is hereby amended to add a new use, "Impounded Vehicle
Storage Facility", as a specific use permit in the "I" Industrial Zoning District.
SECTION 2.
Section 17-431 "Definitions", of the Kennedale Zoning Ordinance is hereby amended
by adding a new definition of "Impounded Vehicle Storage Facility" to read as follows:
Impounded Vehicle Storage Facility means a garage, parking lot or other type
of facility used exclusively for the temporary parking and storage of
impounded operable or inoperable motor vehicles for a period of time not to
exceed ninety (90) days. All unenclosed facilities must be paved with an all
weather surface. An Impounded Vehicle Storage Facility must be a licensed
Vehicle Storage Facility pursuant to VATCS Section 6687-9a. An Impounded
Vehicle Storage Facility does not include a junkyard or an automotive
wrecking and salvage yard pursuant to Tex. Transportation Code Ann. Section
396.001. Vehicles may not be salvaged, dismantled or repaired at the facility.
The same screening requirements set out in Section 17-420 (H) and (I) of the
Kennedale City Code shall apply.
SECTION 3.
This Ordinance shall be cumulative of and all other Ordinances of the City of
Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 4.
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
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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 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) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
and all violations of the Comprehensive Zoning Ordinance or of any amendments thereto
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, 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 authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof.
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SECTION 8.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, and effective date clause of this ordinance in every issue of the official
newspaper of the City of Kennedale for two days, or one issue of the newspaper if the
official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local
Government Code.
SECTION 9.
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 this 12 th day of JL,n_e _, 1997.
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Mayor
ATTEST:
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City ecretaiy
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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