O565ORDINANCE NO. 565
AN ORDINANCE OF THE CITY OF KENENDALE, TEXAS AMENDING
CHAPTER 11 "LICENSES, TAXATION AND MISCELLANEOUS
BUSINESS REGULATIONS," ARTICLE V "AMUMSEMENT MACHINE
ESTABLISHMENTS," OF THE CODE OF ORDINANCE OF THE CITY
OF KENNEDALE (1991), AS AMENDED, BY ADOPTING REVISED
REGULATIONS FOR AMUSEMENT MACHINE ESTABLISHMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR 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 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 has previously adopted
regulations regarding amusement machines and amusement machine establishments;
and
WHEREAS, the City Council of the City of Kennedale deems it advisable and in
the public interest to amend the regulations for amusement machines and amusement
machine establishments as provided herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 11 "Licenses, Taxation and Miscellaneous Business Regulations ", Article V
"Amusement Machine Establishments ", Division 2 "Permits ", is amended by revising
Section 11 -117 to read as follows:
Sec. 11 -117. - Permit fees.
(a) The annual permit fee for each amusement machine establishment that displays ten
(10) or fewer amusement machines shall be six hundred fifty dollars ($650.00).
(b) For establishments that display more than ten (10) amusement machines, the
annual permit fee shall increase by one hundred twenty -five dollars ($125) for each
additional increment of ten (10) machines, so that the annual permit fee for an
establishment that displays eleven (11) to twenty (20) machines shall be seven hundred
seventy -five dollars ($775); the fee for an establishment that displays twenty -one (21) to
thirty (30) machines shall be nine hundred dollars ($900); and so forth.
(c) An additional fee of five dollars ($5) shall be assessed for each required decal. For
any decal that must be replaced on an existing permitted machine, the additional fee
per decal shall be one hundred dollars ($100.00).
(d) No permit shall be issued until the applicant has paid the required permit fee.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrases 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 sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
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 not more than Five Hundred Dollars ($500.00). Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing amusement machine
establishments 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 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 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 the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FEBRUARY 16, 2015.
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ATTEST:
CITY SEC
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EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF KENNEDALE §
I, Leslie Galloway, City Secretary of Kennedale, Tarrant County, Texas, do hereby certify that the above and
foregoing is a true and correct copy of an ordinance passed and approved by the City Council of Kennedale,
Texas, at a regular session, held on the 16th day of February, 2015.
WITNESS MY HAND AND SEAL OF KENNEDALE, the 16" day of February, 2015.
Leslie Galloway
City Secretary
Kennedale, TX
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