O239#'4 ...L ~.i ,Y
ORDINANCE N0.239
AN ORDINANCE AMENDING THE 1997 UNIFORM BUILDING CODE, AS
ADOPTED BY ORDINANCE NO. 152, BY REVISING EXHIBIT "A-1" TO
DELETE ITEM #8 OF SECTION 904.2.2 PERTAINING TO FIRE
SPRINKLER REQUIREMENTS FOR BUILDINGS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; 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 deems it necessary to adopt
minimum standards to safeguard the health, property and welfare of the citizens of
Kennedale by regulating and controlling the erection, construction, enlargement, alteration,
moving, removal, demolition, conversion, use, occupancy, maintenance, repair, design and
quality of materials for buildings and structures within the city, including plumbing,
mechanical and electrical components in buildings and structures and fire safety therein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That Exhibit A-1 of Ordinance No. 152 be herein amended to delete item #8 of
Section 904.2.2, Option B.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the Code of
the City of Kennedale, Texas, except where the provisions of this ordinance are in direct
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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provisions of such ordinances and Code are hereby repealed.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,
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.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of any ordinances affecting the erection, construction,
enlargement, alteration, moving, removal, demolition, conversion, use, occupancy,
maintenance, repair, design and quality of materials for buildings and structures within the
city, including plumbing, mechanical and electrical components in buildings and structures,
or fire safety therein 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 or codes, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
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The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
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, 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 on ~ ~ , 2002, and it is so
ordained.
PASSED AND APPROVED ON THIS l•Z DAY OF /.~, 2002.
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EFFECTIVE: / •2SZ~2
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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