Loading...
O245ORDINANCE No. 245 AN ORDINANCE AMENDING ARTICLE VIII of CHAPTER 11 AND ARTICLE v1 OF CHAPTER 17 of THE I ENNEDALE CITY CODE (1 991), AS AMENDED, BY AMENDING PROVISIONS REGARDING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE of ALL ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION 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 horse 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 operations of sexually oriented businesses; and WHEREAS, the City Council now deers 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 the permitted locations of sexually oriented businesses as provided herein will not adversely affect surrounding properties or the purposes of said ordinances; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the " day of February, 2003 and by the City Council of the City of Kennedale on the 1 11h day of February, 2003 with respect to the regulations in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF KENNEDALE, TEXAS: WAKenned a1e\0RDl NANCNS0 B.Amend Sec. I l .wpd (02124/03) Page I SECTION I. Subsections 11 -204(b) and (c) of the Kennedale City Code are hereby amended to read as follows: (h) A person commits an offense if he establishes, operates or causes to he operated, or expands a sexually oriented business within the Business 287 overlay District or the Interstate 20 /Loop 820 Overlay District as established in the Kennedale Zoning ordinance. (c) Notwithstanding subsections (a) and (b) F in the following areas a person may establish, operate or cause to he operated, a sexually oriented business, even if such sexually oriented business is within eight hundred (boo) foot of a protected use listed in subsection (a) above or within the Business 287 Overlay District or the Interstate 20 /Loop 820 Overlay District: Tract 31C of Abstract 1 376 in the David Strickland S urvey, which totals 1.0 acres. (2) The forty - thousand - square -foot most southwesterly portion of Lot I , Bloch I , Harrison Jet Guns Addition, which totals 0.9 acres (two hundred (too) feet by two hundred (too) feet). (3) The forty - thousand - square -foot tract located ors Hudson Village Creek Road, being a two hundred (too) foot by two hundred (too) toot tract out of Lot 1, Bloch 1, Harrison Jet Guns Addition, the southeasterly corner of said tract being four hundred 400) feet due crest of Century Drive (totaling .9 acres). SECTION 2. Section 17 -420 of the Kennedale City Code is hereby amended by adding a new subsection (d )(3) to read as follows: (3) Notwithstanding subsections (d) (1) and (2) above, a sexually oriented businesses may be operated in the following area: Tract 31C of Abstract 1376 in the David Strickland Surrey, which totals 1.0 acres. SECTION 3. This Ordinance shall he 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 W:%Kenneda1e \0RD1NANc1S0B.Amend Sec. Il.wpd (02124103) Pugs 2 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 sane 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 ,000.00) for each offense affecting zoning, fire safety or public health and sanitation, and Five hundred Dollars ($500.00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense, SECTION 6. All rights or remedies of the City of I ennedale, 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. AKennedale ORDINAWSOB.Amend Sec. l l.wpd (02124/03) Page 3 SECTION 7. i s e The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of l ennedale 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 l ennedale. SECTION 8. This ordinance shall be ire full force and effect from and after its passage and publication as required by lair, and it is se ordained. PASSED AND D APPROVED this I I try day of February, 2003. ; ���I►IIIIfIJI+ t , rf /.'. - � # A4 ■ x layer w � d f f 0 ' -o f ale C ity S ecretary APPROVED AS TO FORM AN D LEGALITY: 1� t6 -- City Attorney Effective: ' ;Z!! WoI ennedale \ORD! NANCC SOB. Arnerid See. 1 l .wpd (02124/03) Pag 4 City eeretary's Office 405 Mur i cipal Drive ennedale, Texas 76060 Phone: (817) 483-1296 Fax: (817) 483-0133 Ergail:l ier @eityofkennedale.aom 1..1 V/ v#.. 50"&Z. I a i)c Fc To.- Wayne Olson, TOASE Fro m: Kathy Tu rner, C ity secretary Fa m 811.3 .474 Pages: 5 Phone: 817.332.2680 Date: 07/01/04 #fie: Ordinance No. 245 CQ: [Click Isere and type name] ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments.. Please refer to attachments. PRIVACY NOTICE: This fax and any files or documents attached to it is intended only for the use of the parson or entity to which it is addressed. It contains information that may be privileged, confidential and exempt from disclosure under applicable lave. if you are not the intended recipient of this fax, you are hereby notified that the copying, distribution or other use of this fax is strictly prohibited, if you received this fax by mistake, please notify the sender immediately by fax and destroy all forms of this fax. City Secretary's Office 405 Munic' 1P at Drive ennedale, Texas 76060 Phone: (817) 483 -1296 Fax: (817) 483-0133 Ett: tthy.tuner@keiinedale.eo ArDVIVAEDAZE I Ap FcDc T 0{ Janice Gregory, Legal Notices From: Kathy Turner, City Secretary Fax: 817.390.7520 pages: Phone: 817,390.7522 Date: 03/12/03 Re: Publication C: [Click here and type name] C3 Urgent [9 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0 Comments: Please publish the following on Friday, March 14, 2003 in the legal notices. Thank you for your assistance; CITY OF KEN N EDALE ORDINANCE ND, 245 AN ORDINANCE AMENDING ARTICLE Vill OF CHAPTER 11 AND ARTICLE V1 DE CHAPTER 17 OF THE KENNEDALE CITY CODE (4991), AS AMENDED, BY AMENDING PROVISIONS REGARDING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A EVERAEILITY CLAUSE, PROVIDING A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,80 FOR EACH OFFENSE AFFECTING ZONING, FIRE SAFETY OR PUBLIC HEALTH AND SANITATION, AND FIVE March 12, 003 HUNDRED DOLLARS ($500.00) FOR ALL OTHER OFFENSES PER DAY HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. DABBED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IENNEDALE ON THE I f H DAY OF FEBRUARY 2003, APPROVED /s /Mark S. Wright Mayor ATTEST: Is/ Kathy Turner City Secretary APPROVED AS To FORA /s/Wayne Olson City Attorney PRIVACY AND CONFIDENTIALITY NOTICE The information in this facsimile is privileged and confidential intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. 0 Page City Secretaty Office 405 Mufflcipall Drive ennedale, Texas 76060 Phone: (817) 483-1296 Fax; (817) 4 83 -0133 Email; kathy,tumer @kentiedale.co m ffE)VIVEDALE Fax To; Janice Gregory, Legal Notices Froms. Kathy Turner, City Secretary Fax; 817.390.7520 Pages: 1 Phone. 81 7.390, 522 Date; 03/17/03 Re: Publication CC: [Click here and type name] 0 Urgent Rf For Review © Please Comment 0 *lease Reply 121 Please Recycle e Comments: Please publish the following on Friday, March 14, 2003 in the legal notices. Thank you for your assistance. CITY OF KENNEDALE ORDINANCE NO. 245 AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 11 AND ARTICLE VI OF CHAPTER 17 OF THE IENNEDALE CITY CODE (1991 ), AS AMENDED, Y AMENDING PROVISIONS REGARDING THE LOCATION OF SEXUALLY ORIENTED BU INE E r PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A EVERAEILITY CLAUSE; PROVIDING A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2 FOR EACH OFFENSE AFFECTING ZONING, FIRE SAFETY OR PUBLIC HEALTH AND SANITATION, AND FIVE Larch 17, 2003 HUNDRED DOLLARS (500.00) FOR ALL OTHER OFFENSES PER DAY HEREOF PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, PASSED AND APPROVED BY THE CITY COUNCIL of THE CITY of 1 ENNEDALE ON THE 1 DAY OF FEBRUARY 200 3. APPROVED /shark S. fright Mayor ATTEST; is /Kathy Turner City Secretary APPROVED AS TO FORM /s/Wayne Olson City Attorney PRIMACY AND CONFIDENTIALITY NOTICE The information in this facsimile Is privileged and confidential intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. 0 Page 2 INVOICE S tar-Tel egram C ustomer ID CIT33 400 W. 7th Street Invoice N umber: 225241 FORT WORTH, TX 76102 (817) 390-7761 ......... . Federal Tax 1D 2- 1 r r:: 5 '� Y� Terms Net d u e in 1 d ays 1� MAR C Due Date: 3/31/0 Bill To: r f Po umber: CITY OF KENNFDALE .r� Nu 4 MUNICIPAL t . m ..:._ Ord urn er: 1 �r p .......... . I ENNED L,E, TX 76060 -2249 Sal Rep: 07 Description: CITY OF I ENNED Pu blication Dates: 3/14/03 3116103 INN J"' t '°"'',. i ie - " .+=• °�.�Y�ver"' -•Na•E a � - ta + •` •` .v y�„«. 0 :x.: 4- xY,�a•x'" xa.v ;a `'rL1i'.�'"r:a� :�7'w..6::N+nz ,�"°{ isv. �" :� y l y y , 4 � � � .� -y r_'.r -'r��, �- ^ z r 'B " s� x •H ° - '��r -�+ _ } �!�!��t.'�. .: �'�.5 -�° �:°i'.f.-,• :� � .��i r,�..�nx•. :.. .� ^� -� ...�:w�:`- ><= ���'�';e' •�g"w -rte. :�w���.:[5 �:. ,o-� �.:ea.- ��'..��' ae. �'�,.ry =iX'�} 3�'g.rY - � �w }� _ C IT Y O F K ENNED A LE OR = At: „::.- 5 80 1 63 LINE 1,1 5 14.' : I: :- r � T Ne t $144,75 ` :':;:::' -F TAI F KEN Ff)ALE ;: ITI�.r >. i9'i :AS; A MENDINd PkC)v ; IONS REGARDING •THE - :LOCATION �F € :"'SEX PALLY• '0R 1 ENT- PROVIDIN THKY ` :ORDNANCE SHALL SE G 1JM IJ- = I_ATiVE ,` •:EtF ALL . PROVIDING A SFv_ f I to ElAABILITY•CLAUSE; PROVIBING"!_'A , PEN - ALTY of -NOT MORE � ��. �.�.�r _ N v SAND - ' •R : �:T= ?: R�w�Y:�4;.'k:��e•; a:_�x SS•.Y•t. �y� i - Ih::,: FO.I M-= ^:. - tiJF qµ4.• -�, r. F •�A• IN j �^n..„ U:.ti�,r.�rtxRr- -•s 1 Bti t i -' FIDE h}} � �y • f"�l ::•:'::': S" N I• .x - r.^•ra rax +•e. --rr.x v�.th. mv.�..!6 .:r�wx -c��w - '��� �T'1�.. -Sf of '.VV zti. e., �,�:�u•_r:� '+ �Fi � yy ,, �*�'�'• +• :mum Of THE STATE OF TEXAS ONE S - :::::::PEA IIAEREdF C ounty of Tarrant Pr10VJ : A - SAV- LAUSE PR0Vi101N G"::':_ _..-FqT4 PU BLI ATIOi�I I N Before m e, a Notary Po blic In TFiE : : OFFICIAL State, th Is day personally app ea KAREN WILL IAM S, Bid and Legal Coordinator NEWSPAPER .'AND .- for the Star Telegram, publish PR0VID1 NG :::A EF =.; Inc. at Fort Worth, In Tarrant Coun Texas; and who., after b el ng duly sworn, di d depose and say that the attahellppingf ad PE ra= Ilshed in #1►e ab dared paper n the listed tesa BI LALS D STAR TELE (8 390-71 PROVED':.: BY.- VIE CITY.-`.: C0UN01L of i - 1 - 1 E CITY :.:]F ENNEBALE �E { S•THE -; � 1T1°-I '•DAY: - OF. ned APPROVED ��lhrlairk` S ` Vllright _' :•:• ::::::: SUBSCRIBED AND SWORD '1 �TTI =s�� Tuesday, Mar 1 3, /$/Ikathy ET? 'rumer [ APPR V. ' AS = To FORM' #ary Public f city : - A#torney Thank You For Your Payment R emit To : Star - Telegram P.O. Box 9 01051 FORT WORTH, TX 76101-2051 Customer III: C C ustomer Name: CITY OF I ENN DALE Invoice Number: 225241921 Invoice amount: $144.75 PO Number: Amount Enclosed: