O94j,
T
t~~~~ r~g~-as~,~~'~y~~~,~'
y ~: ~, ~~~ ., ~ ~_~ ~
ORDINANCE NO. 94
AN ORDINANCE OF THE CITY OF KENNEDALE, REQUIRING THAT
FENCES ERECTED AROUND THE PERIMETER OF SUBDIVISIONS
WITHIN THE CITY COMPLY WITH THE PROVISIONS OF ARTICLE VIII
OF CHAPTER 4 OF THE KENNEDALE CITY CODE; PROVIDING A
SEVERABII.ITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING
A CUMULATIVE CLAUSE; 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 Planning and Zoning Commission has recommended to the City
Council that the City adopt standards for the installation and maintenance of fences and
screening devices, including subdivision perimeter fencing; and
WHEREAS, after having conducted a public hearing, notice of which has been
published in accordance with Sec. 17-212 of the Kennedale City Code, the City Council finds
that regulating the installation of fences will promote safety, protect the character and
stability of neighborhoods throughout the City; and enhance the aesthetic and visual image
of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 17-238 of the Kennedale City Code is hereby amended to read as follows:
Section 17-238. Subdivision Perimeter Fences.
The construction and maintenance of subdivision perimeter fences shall comply with
the requirements of Article VIII of Chapter 4 of the Kennedale City Code. The Planning
and Zoning Commission and the City Council must approve any deviations from these
requirements, and may approve such deviations or special exceptions when the Commission
and the Council find that adherence to the requirements of Article VIII will hinder the
orderly subdivision of property and will be detrimental to the public health, safety, or
welfare.
f:\files\kennedal\ordinanc\subfence.003 (01/10/96) Page 1
I.
M
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ordinances are hereby repealed.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 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 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
f:\files\kennedal\ordinanc\subfence.003 (01/10/96)
Page 2
.ti .
F
be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving [fire
safety, zoning or public health and sanitation, including dumping or refuse] and shall be
fined Five Hundred Dollars ($500.00) for all other violations of this ordinance. 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 Section 17-238 of the Kennedale City Code, as amended
or any other ordinance or code provision affecting safety 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 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.
SECTION 8.
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
of the official newspaper of the City of Kennedale for two days, or one issue of the
f:\files\kennedal\ordinanc\subfence.003 (01/10/96) Page 3
~~~~
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.
6
PASSED AND APPROVED ON TRIS 8 DAY OF r~RU~Y , 1998.
1' o~~ ~~~~'~
MAYOR
ATTEST:
CITY SEC TARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
c,J1c o~~--"
City Attorney
f:\files\kennedal\ordinanc\subfence.003 (01110/96)
Page 4
B & B publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS;
COUNTY OF TARRANT;
CITY OF KENNEDALF
Publishers Of:
EVERMAN TIMES
KENNEDALF, NF,WS
FOREST HILL NEWS
SOUTH COIINTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
Ordinance # 94
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
FEBRUARY 15,1996
EXECUTED THIS, THE 7TH, DAY OF MARCH, 1996
JENNIFER CATHE
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 7TH, DAY OF MARCH, 1996
~:~°~~'~:"<. J04.id E~0 61.E~ilNB ~~_~Q,QL~/>~
=t: R= ~nrcor,~r~lssro~~ex~~e~~s HN EDD BLESSING
_.,,..• ~' Jay io, is~~ NOTARY PUBLIC
TEXAS