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ORDINANCE NO. 253
AN ORDINANCE AMENDING CHAPTER 22 OF THE KENNEDALE CITY
CODE, SECTION 22-70 REGARDING TRIP PERMIT FEES FOR
OPERATING OVERSIZED OR OVERWEIGHT VEHICLES OR EQUIPMENT
ON PUBLIC STREETS IN THE CITY OF KENNEDALE; 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, 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 City Council deems it advisable to revise the fees charged for
issuance of trip permits for oversized or overweight vehicles or equipment operated on
public streets in the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Subsection (d) of Section 22-70 of the Kennedale City Code shall be amended to
read as follows:
(d) Trip permits may be valid for a period of time equal to any number of
thirty (30) day increments not to exceed one (1) year or for one (1)
year. A fifty ($50.00) dollar fee per vehicle shall be charged for each
thirty (30) day period for which a trip permit is valid. A six hundred
($600.00) dollar fee per vehicle shall be charged for one-year trip
permits. The proper fee shall accompany each application for permit
and shall be made in cash or by cashier or certified check or postal
money order. The fee shall be returned if the application is denied.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of
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Kennedale, Texas, except where the provisions of this ordinance are indirect conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
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.
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 5.
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 or any other ordinances
concerning the operation of oversized or overweight vehicles or equipment on public
streets 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
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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 as provided by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 7.
In orderto immediately preserve the public peace by notdisrupting commercewithin
the city, the City Council hereby declares an emergency requiring that this ordinance shall
be in full force and effect upon adoption on first reading.
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 14 DAY OF AUGUST, 2003.
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CITY S CRET RY
EFFECTIVE: 11 '2~-,4.3
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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