O283ORDINANCE N0.283
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 17, ARTICLE VII, OF THE KENNEDALE CITY CODE (1991),
AS AMENDED, BY PROVIDING FOR THE ERECTION OF SUBDIVISION
SIGNS; 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, 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 Texas Local Government Code; and
WHEREAS, the City Council heretofore adopted comprehensive sign regulations
codified in Chapter 17, Article VII of the Kennedale City Code; and
WHEREAS, the City Council desires to amend the sign regulations to provide for
the erection of subdivision signs as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Chapter 17, Article VII of the Kennedale City Code is hereby amended by adding
a new section 17-512A to read as follows:
Sec. 17-512A. Subdivision Signs.
In addition to other attached and detached signs allowed by this Article,
subdivision signs displaying the name of a residential subdivision shall be
allowed, provided that such signs shall comply with the following
requirements:
(a) No more than two signs per subdivision or one sign per entrance of
the subdivision, whichever is greater;
(b) Each sign must not exceed 48 square feet in effective area;
(c) Subdivision signs may either be a monument sign or may be
attached to a permanent masonry wall at the entrance to the
subdivision;
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(d) Notwithstanding anything to the contrary contained in this Article, no
attached or detached subdivision sign shall contain luminescent
gaseous tubing;
(e) Subdivision signs and the commercial message font must be of a
uniform size within a subdivision.
SECTION 2.
This Ordinance shall be cumulative of all other Ordinances of the City of Kennedale,
and shall not repeal any of the provisions of such ordinances except in those instances
when provisions of such ordinances are in direct conflict with the provisions of this
ordinance, 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repealed.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, upon conviction, 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 or remedies of the City of Kennedale, Texas are expressly saved as to any
ordinances affecting subdivision signs that have accrued at the time of the effective date
of this Ordinance; and, as to such accrued violations and atl pending litigation, both civil
and criminal, whether pending in court or not, 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
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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 this 11'h day~of November, 2004.
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City Secretary
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APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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