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O423,, ORDINANCE NO. 423 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, ESTABLISHING A NO PARKING ZONE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLACfSE; PROVIDING A SAVINGS CLAUSE; ROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; 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, the City has previously enacted ordinances now codified in Chapter 22 of the Kennedale Code of Ordinances regulating the movement of trallic and motor vehicles; and WHEREAS, the Chief of Police deems it advisable to establish a no parking zone in front of Delaney Elementary School, the applicable area of which shall be described in particular by this Ordinance: and WHEREAS, the City Council has determined that it is in the best interest of the citizens to enact this ordinance to regulate parking at Delaney Elementary School; and WHEREAS, the City Council has determined that this amendment to the City Code of Ordinances will advance the health. safety, and general welfare of the citizens of the City of Kennedale. NOW' THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. No Parking Zone Established. No person shall stand or park any vehicle upon or along the south side of the 200 block of Cloy erlane Drive.. from the property line of Wells Fargo Bank and Delaney Elementary i 02/I 2/09 Paee I School, ending at a point 510 feet east of that boundary. The no parking zone shall be effective from 7:00 a.m. through 4:00 p.m. on days when school is in session. The area shall be marked by signs posting notice of the no parking zone. SECTION 2. this ordinance shall be cumulative of all provisions of the City of Kennedale Texas except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances in which event the conflicting provisions of the other ordinances are hereby repealed. SF,CTION 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 a phrase, clause, sentence. paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase clause sentence paragraph or section. SECTION 4. All rights and remedies of the City of Kennedale arc expressly saved as to any and all violations of the provisions of Chapter 22 of the Code of Ordinances of the City of Kennedale "Texas or any other ordinances regulating parking 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 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 he lined not more than Two Hundred Dollars $20Q00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SF.CTiON 6. l he 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 for two (2) days. 102/I2/09i Paget SECTION 7. 11~is ordinance shall be in full force and effect from and after its passage and publication as required b~y law and it is so ordained. •,.•''pp KE",C,~D AND APPROVED THIS 12th DAY OF FEBRUARY, 2009. #• •~ • a: •~,; y • Mayor s~• •~~ 9 'a. ES ~ S .. '~" c :_9n_•••.....•• . cry ~~=c~ APPROVED AS TO LEGALITY AND FORM: J~C City Attorney i0yl?/09~ Page 3