O116
OrFIGIAL CITY
SECI~TARY'S COPY
ORDINANCE NO. 116
AN ORDINANCE OF THE CITY OF KENNEDALE AMENDING CHAPTER
22 OF THE KENNEDALE CITY CODE RELATING TO TRUCK ROUTE
DESIGNATIONS; AMENDING SECTION 22-87 WHICH DESIGNATES
CERTAIN TRUCK ROUTES WITHIN THE CITY; PROVIDING FOR THE
ISSUANCE OF A PERMIT FOR CERTAIN TRUCKS; PROVIDING FOR
DENIAL OF A PERMIT AND APPEAL THEREFROM; PROVIDING THAT
THIS ORDINANCE SIIALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILI'I'Y 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 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, the City Manager having advised the City Council that Dick Price Road
cannot withstand frequent truck traffic carrying heavy loads without severe deterioration of
the Road; and
WHEREAS, the City Engineer having advised the City Council that repair of the
damage which could be caused by such traffic along Dick Price Road could cost the
taxpayers as much as two million dollars; and
WHEREAS, the City Council finds it is necessary to amend the Kennedale City Code
to provide further restrictions upon truck traffic along Dick Price Road;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
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SECTION 1.
Section 22-70(a) of the Kennedale City Code is hereby amended to read as follows:
"(a) Upon written application timely made by any person who desires to
operate or cause to be operated on the public streets any vehicle or
equipment in excess of the size, weight or load limits set forth in Division 2
or Division 3 of this article, the chief of police may issue a trip permit for the
operation of such vehicles or equipment, or fleets of vehicles or equipment,
for a specified period of time, over a route or routes to be designated by the
chief of police if such route can be determined at the time application for the
permit is made."
SECTION 2.
The Kennedale City Code is hereby amended by adding the following sections, to be
numbered sections 22-71, 22-72, and 22-73, which sections shall read as follows:
"Sec. 22-71. Permit Issuance.
The chief of police shall consider the information submitted by the
applicant as required by Section 22-70(b) hereof and shall issue a permit if the
applicant has complied with the provisions of Section 22-70 unless review of
the application reveals that the intended operation of the vehicle or
equipment will damage the city street or streets over which the vehicle or
equipment is to be operated and the cost to repair the street will exceed the
amount of the bond required by Section 22-70(c). In making this
determination, the chief of police shall consider the number of trips the
applicant intends to make and the kind of vehicle or equipment to be
operated, and the condition of the street or streets upon which the applicant
intends to travel.
Sec. 22-72. Permit denial.
In the event the chief of police determines that a permit should not be
issued, the chief shall notify the applicant in writing that the application is
denied and the reasons therefor. The applicant shall be notified of the denial
by notice mailed to the applicant at the address shown on the application or
the last known address.
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Sec. 22-73. Appeal of Permit Denial.
(a) A person who is denied a permit may appeal the decision to the city
administrator by filing notice of appeal with the administrator within ten (10)
days after the notice of the denial is mailed to the applicant.
(b) Within ten (10) days of the receipt of the notice of appeal, the
administrator shall set a time and place for a hearing on the appeal.
(c) The decision of the city administrator on the appeal is final. No other
administrative procedures are provided by the city."
SECTION 3.
Existing Section 22-71 of the Kennedale City Code is hereby renumbered as Section
22-74.
SECTION 4.
Section 22-86 (c) of the Kennedale City Code is hereby amended to read as follows:
"(c) Notwithstanding the language in subsections (a) and (b) of this section,
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 Dick Price Road,
without a permit from the city.
SECTION 5.
Section 22-87(a) of the Kennedale City Code is hereby amended to read as follows:
(a) The following streets and parts of streets are designated truck routes under
this division:
(1) East and West Mansfield Highway, east to the city limits
and west to the city limits:'
SECTION 6.
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Section 22-89(b)(1) of the Kennedale City Code is hereby amended to read as
follows:
"Sec. 22-89. Use required; exceptions.
(b) The provisions of subsection (a) of this section shall not apply to:
(1) Vehicles traveling or a public street, except Dick Price
Road, to or from a truck terminal, garage, place of repair, place
of performing a service, or a place of loading or unloading
within the city limits, over the shortest practical route to a point
on a truck route. Any such vehicle shall be permitted to
proceed from one such point not on a truck route to another
such point without returning to a truck route if to so return
would unreasonably increase the distance to be traveled
between such points. The operator of any such vehicle shall
carry evidence of the location of its last stop and of its
immediate destination in order for this exception to apply."
SECTION 7.
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 8.
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
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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 9.
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 Five Hundred Dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 10,
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 22 of the Kennedale City Code (1991), as
amended, or any other ordinance or code provision affecting truck traffic regulations 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 11.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date clause of this ordinance in every issue
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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 12.
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 17 DAY OF SEPTEMBER , 1996.
MAYOR
ATTEST:
CITY SEC ETARY
EFFECTIVE: ~-~~> - ~~~~
APPROVED AS TO FORM AND LEGALITY:
L~ ~~ d,~~
CITY ATTORNEY
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