O337 OFFICIAL CITY
SECRETARY'S COPY
ORDINANCE NO.
AN ORDINANCE OF THE CITY- OF KENNEDALE ESTABLISHING A
TWENTY FIVE DOLLAR FEE FOR PREPARATION OF THE CLERK'S
RECORD; PROVIDING FOR RECORDING OF THE CODES AS A PUBLIC
RECORD; 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, Texas 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 Acts 1987, 70th Texas Legislature, Chapter 811, Section 1
(currently codified as Texas Government Code Section 30.00014(f)) directs a home rule
city by ordinance to establish aTwenty-Five Dollar($25.00) fee for the preparation of the
clerk's record relating to proceedings conducted in the City of Kennedale Municipal Court;
and
WHEREAS, the City Council of the City of Kennedale desires to comply with Section
30.00014(f) of the Texas Government Code;
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
A fee in the amount of Twenty-Five Dollars($25.00) is hereby established for the
preparation ofthe clerk's record of the proceedings ofthe Kennedale Municipal Court. The
preparation fee does not include the fee for an actual transcription of the proceedings. The
defendant shall pay the fee for the preparation of the clerk's record and the fee for actual
transcription of the proceedings. The Clerk of the Court shall note the payment of the fee
for preparation of the clerk's record on the docket of the Court. The fee for the preparation
of the clerk's record shall be charged whether the City of Kennedale or any other person
or entity prepares the transcription of the clerk's record.
SECTION 2.
If the case is reversed on appeal, the fee for preparation of the clerk's record shall
be refunded to the defendant. The fee for the actual transcription of the proceedings shall
not be refunded to the defendant under any circumstance.
SECTION 3.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Kennedale, Texas, as amended, except where the provisions
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of this ordinance are in direct conflictwith the provisions of such ordinances and such code,
in which event the conflicting provisions of such ordinances and such Code 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, phrase, clauses, sentences,
paragraphs or sections of this Ordinance since the same would have been enacted by the
City Council without incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5.
This Ordinance shall be in full force and effect form and after its passage and it is
so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF , 2006.
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CIIrY SECR ARY
APPROVED AS TO FORM:
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CITY ATTORN~
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