O354
~ CITY SECRETARY
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ORDINANCE N0.354
AN ORDINANCE AMENDING SECTION 17-243 OF CHAPTER 17 OF
THE KENNEDALE CITY CODE, THE SUBDIVISION REGULATIONS OF
THE CITY, REQUIRING SIDEWALK INSTALLATION FOR ALL
PRIMARY NEW CONSTRUCTION; PROVIDING A DEFINITION FOR
PRIMARY NEW CONSTRUCTION; PROVIDING FOR PAYMENT IN
LIEU OF SIDEWALK CONSTRUCTION; PROVIDING FOR THE
CREATION OF A SIDEWALK CONSTRUCTION FUND; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
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 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 Council of the City of Kennedale has previously adopted
regulations for the development and subdivision of land within the city; and
WHEREAS, the City Council recognizes the need for standardization and
implementation of sidewalks within the City; and
WHEREAS, the City Council has determined that the installation of sidewalks
throughout the City shall benefit the public health, safety and general welfare.
WHEREAS, the City Council has held a public hearing on the regulations
contained hereinbelow, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-243 of the Kennedale City Code is hereby amended to read as
follows:
Sec. 17-243. Sidewalk requirements.
(a) Every new subdivision, or replat of a subdivision, shall be required to
install sidewalks, with appropriate curb ramps, adjacent to all public street rights-of-way.
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Construction of any sidewalk shall conform to the standards and specifications
contained in the design manual. Sidewalk placements shall conform to the following:
(1) All corner lots shall have sidewalks placed on the two (2) frontages or sides
adjacent to the streets.
(2) Any triple frontage lots shall have sidewalks placed on the three (3) frontages or
sides adjacent to the streets.
(3) Any double frontage lots shall have sidewalks placed on the two (2) frontages
adjacent to the streets.
(4) Construction of all side yard sidewalks and rear yard sidewalks adjacent to
perimeter streets shall be the developer's responsibility to construct after plat
approval. Front yard sidewalks shall be constructed for each lot prior to
completion of any primary structure.
(b) When a developer, contractor, or property owner applies for a building
permit to perform primary new construction on any platted or unplatted lot
that does not have sidewalks, the property owner shall be required to
construct a sidewalk or sidewalks for the lot. Such sidewalks shall be
constructed at the property owner's expense and shall conform to the
standards set forth in paragraph (a) of this section. The city will not issue a
certificate of occupancy for any structures or improvements constructed
on such a lot until the required sidewalks have been completed by the
property owner and approved by the city. For purposes of this section
"primary new construction" shall mean the construction of a new primary
(non-accessory) structure on a vacant lot.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the
Kennedale City Code, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and Code, in which event the conflicting
provisions of such ordinances and Code 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,
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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.
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, as amended, or any
other ordinance or code provision affecting the development of land 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 ordinance 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 14th DAY OF DECEMBER, 2006.
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EFFECTIVE: 1rP' • a~6
APPROVED AS TO FORM AND LEGALITY:
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WAYNE K. OLSON, CITY ATTORNEY
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