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WHEREAS,, the City of Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare the City
Council desires to adopt the proposed amendments to its city code in order to add
regulations governing convenience stores and to amend regulations governing service stations;
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, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on December 16, 2010 and by the City Council of the City of Kennedale
on January 13, 2011, with respect to the zoning amendments approved herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Sec. 17'-431 of the Kennedale City Code is hereby amended by adding the following definitions
for convenience store and service bay and by amending the definition for service station as
follows:
Convenience store means a small retail store (not a grocery store) offering the sale of
convenience goods such as prepackaged food products, household items, and other goods
commonly associated with the same which may also provide gasoline / petroleum products as a
primary or secondary use.
Service station means a business establishment with at least one service bay where gasoline,
oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at
retail, and the servicing of vehicles occurs, but not including the major overhaul of automobiles,
body work, or repair of heavy trucks and equipment. .A service station is sometimes referred to
as a "gas station," "filling station," or "fuel service station."
Service bay means a specific location on a site used for servicing one motor vehicle.
SECTION 2.
Section 17-421 of the Kennedale City Code is hereby amended by adding and amending
uses in the Schedule of Uses, as follows:
See attached Exhibit "A"
Except as otherwise provided in this Ordinance, 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 no more than Two Thousand Dollars
($2,000.(70) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other
offenses, and in addition shall pay all costs and expenses involved in the case. Each day a
violation occurs is a separate offense. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (19 as amended, including but not limited to all ordinances of the City
of Kennedale affecting zoning, licenses, taxation, and businesses, or sale or consumption of
alcoholic beverages, 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.
SECTIOil' 5.
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 Counci'l without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 6.
SAVINGS CLAUSE
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 (1991), as amended, or any other
ordinances regarding affecting zoning, licenses, taxation, and businesses, or sale or
consumption of alcoholic beverages 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,
whether pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted unti'l final disposition by the courts.
SECTION 7.
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 the Charter of the City of Kennedale.
This ordinance shall be in full force and effect from and after its passage and publication
and it is so ordained.
I
PASSED AND APPROVED this 10 day of ZM- 201
ATTEST:
Kelly C
C
RR
< �A
Interihf City 'S Mdfia"ry
APPROVED AS TO FORM AND LEGALITY:
B/
r an Lankhorst, Mayor
L --
Wayne Olson, City Attorney
Exhibit A
17-421 Schedule of Uses
Uses AG R-1 R-2 R-3 OT D MF MH C-0 C-1 C-2 I Parking
Convenience x 1/400 G.F.A.
Stores
Service Stations X 4 Minimum
INVOICE
Star - Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313734001
FCRT WORTH, TX 76102
(817) 390 -7761
Invoice Date:
12/30/2010
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
1 Due Date:
12/31/2010
Bill To:
V °
* 'PO Number:
CITY OF KENNEDALE
405 MUNICIPAL DR
Order Number:
31373400
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/30/2010
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$6.18 $253.46
CITY OF KENNEDALE
NOTICE
OF PUBLIC HEARING(5)
Mise Fee Notice is
hereby given to alt inter -
$ 10 . 00
ested`parties
that the City Council
of the City of Kennedale, Texas will
conduct public hearing(s) on
Thursday, January 13, 2011, at 7:00
PM in the Council Chambers of City'
Hari, ,located at 405 Municipal Dr.,
Kennedale. Tx. to receive public '
Net Am ou nt:
$263.46
THE ST. gbst 1260 Jesse B Renfro7Survey ■ease ®aes ®°
County ( (100 E Kennedale Pkwy) from "C2
General Commercial to "Cl" ! Re-
stricted Commercial. The zone
Before n change Js requested by Ainasir; County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- Dhalla of Lanar Inc. All citizens are rele ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa
encouraged to attend the hearings 9 tY 9 Y P y
that the to offer public comments or may lent was publis In the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
provide written comments to the A
( 817 21 ricer Carratnru'c (9frp_:405 Mu A r !`
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary Publi(
Thank You For Your Payment V
INVOICE
Star- Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313324281
FORT WORTH, TX 76102
Invoice Date:
12/1/2010
(817) 390 -7761
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
Due Date:
12/31/2010
Bill To:
PO Number:
CITY OF KENNEDALE
Order Number:
31332428
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
Legal Notice Notice o
Pu Date:
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LEGAL NOTICE
LegalNotil Notice of Pubic Hearing I3580
1 32 32 LINE
$6.22 $198.92
The Kennedate Planning & zoning
Commission Witt hold a public
hearing for the following cases on
Misc Fee Thursday, December 16, 2010 at ",
$10.00
7:00 P.M. in the City council
Chambers, located at 405 Municipal
Drive, Kennedale,, Texas 76060.
CASE 4 vPz, gi1 iF - -to receive com-
ments and consider action to amend
Chapter 17, Section 17- 426(c)(2) of
s q
� Net Amount:
$208.92
the Kennedale city code, by
amending regulations governing
distance between padsites and by
amending the requirements for
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THE STAi E vi i
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared, Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published i e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed
o6 � zcpk
__.
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Decg1n ef/yt 1, 2010.
Notary Publi
Thank You For Your Payment