O584ORDINANCE NO. 584
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE 1. -
IN GENERAL, TO ESTABLISH A METHOD FOR STARTING
WATER SERVICES AND THE PROCEDURES NEEDED;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; 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, within the City there exists billing procedures for water service for new homes as
well as new move in's.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23 -4 "Application for service; payment of deposit" of the Kennedale City Code is
hereby amended to read as follows:
(a) Applications for water service are not required. Properties that have an active account
balance that is past the due date by 30 days or more and is $45.00 or greater or because
service is currently shut off due to non - payment and a balance is still owed require a lease
agreement and government issued ID in order to secure service. A deposit in the amount
established by ordinance shall be paid by all customers before water service is begun,
regardless of the size of the meter to be installed; provided, however, contractors and builders
making application for temporary water service at a new construction site shall at the option of
the city either pay the meter deposit for meter installation and be billed on the basis of actual
water used, or have a jumper without meter installed at a monthly charge established by
ordinance. Such temporary service shall stop once a meter set request is initiated and the meter
is completely set, and only be allowed during construction.
(b) This deposit will be an ongoing deposit and will only be used should the payment not
cover the charges against that service connection. Such deposit shall be carried in a special city
fund; and unless applied to water, sewer or garbage bill shall be refunded by the city when
service is terminated.
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, including but not limited to all ordinances of the City
of Kennedale affecting application for service and payment of deposits, 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 application for service and payment of deposits 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.
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 tAYQWW , 2015.
CITY OF KENNEDALE:
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Mayor, Brian Johnson
ATTEST:
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City Secretaryyeslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson