O60ORDINANCE NO. 60
AMENDING ART. V.,
"EMERGENCY MEDICAL SERVICES"
OF CHAPTER 6
TABLED & WILL NOT
BE RECONSIDERED
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE V, "EMERGENCY MEDICAL
SERVICES," OF CHAPTER G, "EMERGENCY MANAGEMENT AND
SERVICES; PROVIDING FOR THE COLLECTION OF FEES FOR THE
USE OF THE CITY'S EMERGENCY MEDICAL SERVICE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the city provides emergency medical transport service to its citizens; and
WHEREAS, the city has experienced a lack of cooperation by many citizens who
fail or refuse to file a claim or allow the city to file a claim with the appropriate health
insurance carrier; and
WHEREAS, the ability of the city to continue to provide this service to the citizens
depends on the adoption of a more forma] process to assure the city is able to file
insurance claims when the emergency medical transport service is used; NOW,
THEREFORE,
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS:
SECTION 1. Article V, "Emergency Medical Services," of Chapter 6, "Emergency
Management and Services," of the Kennedale City Code, as amended, is amended by
adding Section 6-108, to read as follows:
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"Sec. 6-108. Funding of Emergency Medical Transport Service.
(a) Purpose. The purpose of this section is to enable the city to continue to
make emergency medical transport services available to all citizens at an affordable price.
(b) Fees. The city shall charge each person who uses the city's emergency
medical transport service the following fee to pay for the cost of providing the service:
Basic service of
transport to hospital:
$400
Additional advanced
medical service, if $150
(c) Responsibility f r A person will not be required to pay this fee if
within 60 days of b ritten notice of the charge the person transported or the
person responsible for the person transported: ~~;a ~~Q~a',~ ~ ~S ~~
(1) provides the city evidence that an insurance claim has been filed on
behalf of the city for coverage of the charge with the health insurance carrier for the
person transported; or
(2) signs and files with the city, an affidavit under penalty of perjury,
verifying that the person transported has no health insurance coverage.
(d) Extension. The 60-day time limitation may be extended by the city
administrator for good cause, but not to exceed a total of 120 days.
(e) Collection. The city will use whatever legal means are available to collect
ambulance fees when no insurance claim or affidavit is filed. The city administrator shall
formulate billing information so that citizens clearly understand their options under this
section."
SECTION 2. Cumulative Clause. 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 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
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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 Chapter 6 of the Kennedale
City Code, as amended, or any other ordinance or code provision affecting emergency
medical services 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, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 5. Publication in Pamphlet Form. The City Secretary of the City of
Kennedale is hereby authorized to publish this ordinance in book or pamphlet form 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. Publication in the Newspaper. The City Secretary of the City of
Kennedale is hereby directed to publish the caption, penalty clause, publication clause and
effective date clause 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.
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SECTION 7. 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 , 1994.
MAYOR
EFFECTIVE:
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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