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ORDINANCE N0.269
AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 11 AND
ARTICLE VI OF CHAPTER 17 OF THE KENNEDALE CITY CODE
(1991), AS AMENDED, BY AMENDING PROVISIONS REGARDING
THE REGULATION AND LOCATION OF SEXUALLY ORIENTED
BUSINESSES; 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, Chapter 243 of the Texas Local Government Code authorizes cities
to adopt regulations concerning the location and operation of sexually oriented
businesses; and
WHEREAS, the City Council now deems it advisable and in the public interest to
amend the regulations applicable to permitted locations of sexually oriented businesses
as provided herein; and
WHEREAS, the City Council has reviewed the findings previously made by
Ordinance Nos. 108 and 186 and has determined that those findings are still applicable
within the City of Kennedale; and
WHEREAS, the City Council further finds, based in part upon the results of the
survey of Tarrant County Professional Real Estate Appraisers conducted by the City of
Kennedale, Texas on April 16, 2003, that sexually oriented businesses (as defined in
Section 11-203 of the City Code) that engage in the sale or rental of adult videos for off-
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premise use have adverse effects on surrounding property values and the ability of
surrounding properties to sell or develop; and
WHEREAS, the City Council finds that limiting the locations of sexually oriented
businesses as provided herein is necessary in order to minimize the adverse secondary
effects of sexually oriented businesses on surrounding properties; and
WHEREAS, the City Council further finds that the permitted locations of sexually
oriented businesses as provided herein will not adversely affect the purposes of the
above ordinances; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on the 5th day of February, 2004 by the City
Council of the City of Kennedale on the 12th day of February, 2004 with respect to the
regulations in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Subsection 11-204(c) of the Kennedale City Code is hereby amended by adding
the following subsections to read as follows:
(4) Lot 1, T.W. Moore Addition; and
(5) Tract 31 K1 F, David Strickland Survey, Abstract 1376.
SECTION 2.
Any nonconforming sexually oriented business in the Business 287 Overlay
District or Interstate 20/Loop 820 Overlay District which on the effective date of this
ordinance is subject to automatic amortization under Section 17-428(1)(7) of the
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Kennedale Zoning Ordinance, shall be required to relocate within six (6) months of the
effective date of this ordinance; provided, however, that any owner of such a
nonconforming sexually oriented business may appeal to the zoning board of
adjustment to allow an extension of time to relocate upon a showing that such extension
is necessary in order to allow a reasonable period of time for relocation.
SECTION 3.
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 4.
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 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 be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for
each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
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SECTION 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any ordinances affecting sexually oriented businesses 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, 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 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 8.
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 12th day of February, 2004.
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
Effective: 2- 20 - ®~
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