O392ORDINANCE NO. 392
AN ORDINANCE AMENDING SECTION 2-3 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, BY
AMENDING THE METHOD OF CALCULATION FOR THE
BILLING OF AMBULANCE SERVICES; 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, in order to offset costs associated with the administration,
investigation and implementation of ordinances and regulations applicable to
development and other activities, the city council has previously established a schedule of
fees; and
WHEREAS, in keeping with developing standards in the billing of ambulance
services in North Texas the city council now desires to update its schedule of fees by
replacing the existing ambulance fees with a fee based on the itemized cost of the
services actually provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 2-3 of the Kennedale City Code (1992), subsection (a), is hereby amended
by the deletion of the following fees:
"PERMIT FEES
FIRE CODE PERMITS, INSPECTIONS, AND FEES
* ~:
Ambulance Standby Fee $75.00 hourly
Ambulance Transport
BLS (Basic Life Support) $450.00
ALS (Advanced Life Support) $550.00
ALS II (Advanced Life Support) $650.00
Treatment With no Transport $ 100.00
Mileage (loaded transport mile) $14.00"
SECTION 2.
Section 2-3 of the Kennedale City Code (1992), subsection (a), is hereby amended
by the addition of the following fees:
"PERMIT FEES
FIRE CODE PERMITS, INSPECTIONS, AND FEES
Ambulance Fees Actual cost
The actual cost of ambulance service
shall be established according to the
reasonable and customary
reimbursement allowances used by
applicable insurance carriers, as
reviewed and approved by the City
Manager on a quarterly basis."
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SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, 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ordinances are hereby repealed.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 not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of Section 2-3 of the Kennedale City Code (1991), as amended, or
any other ordinance or code provision affecting fees which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending litigation, both
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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 7.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, penalty clause, publication clause and effective date of this ordinance in every
issue of the official newspaper of the City of Kennedale for two days, or one issue of the
newspaper if the official newspaper is a weekly newspaper, as authorized by Section
52.011 of the Local Government Code.
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 ON THIS 13TH DAY OF March 2008.
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Kathy Turner, City Secretary
Mayor, Bryan Lankhorst
EFFECTIVE: 3 -a ~- 2~d8
APPROVED AS TO FORM AND LEGALITY:
1~
City Attorney
W:\Kennedale\ORD[NANC\Ambulance Fee.doc (03/07/2008)
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