O583ORDINANCE NO. 683
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 19, SOLID WASTE, OF THE KENNEDALE
CITY CODE OF ORDINANCES (1991), AS REVISING THE SENIOR
CITIZEN FEE EXEMPTION; FOR GARBAGE COLLECTION
SERVICES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS , the City of Kennedale, Texas (City) 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 desires to amend the senior citizen fee exemption for garbage
collection services as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
CHAPTER 19 SOLID WASTE, ARTICLE II, COLLECTION AND DISPOSAL, OF THE
KENNEDALE CITY CODE IS HEREBY AMENDED BY REVISING SECTION 19 -26 (C) TO
READ AS FOLLOWS:
(c) Exemption. Notwithstanding subsection (b), all property accounts that were approved to
receive free residential garbage service on or before November 16, 2015 based on senior
citizen status will continue to receive free service, subject to the following:
i) The senior citizen status of the homeowner, as determined by the city tax roll
exemptions to senior citizens, is re- verified with the city;
ii) When the senior citizen is deceased or no longer the homeowner, the
exemption will be removed from the account;
iii) Only a reasonable amount of garbage may be placed for collection at such
citizen's residence.
Effective November 16, 2015, no new exemptions will be granted.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, and shall not repeal any of the provisions of such
ordinances except in those instances where provisions of such ordinances are in direct conflict
with the provisions of this ordinance.
SECTION 3.
SEVERABILITY CLAUSE
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.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances
regarding the collection of garbage 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 5.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption and effective date clause of this ordinance two
(2) days as authorized by section 52.013 of the Local Government Code.
SECTION 6.
EFFECTIVE DATE
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 ON THIS DAY OF
CITY OF KENNEDALE:
H r,Bria oh nson
ATTEST:
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City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson