O585ORDINANCE NO. 585
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE I,
IN GENERAL, TO ESTABLISH A BILLING PERIOD AND
CALCULATE DELINQUENCIES; 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 delinquencies and
billing periods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23 -5 "Billing; delinquency penalties" of the Kennedale City Code is hereby
amended to read as follows:
All bills for city utilities rendered by the city shall be paid on the designated due date. If the bill is
not paid by the designated date, the service shall be subject to discontinuance, and the bill shall
contain a notice to this effect. Water and sewer services are indivisible so that nonpayment for
either service will justify discontinuance of both services. No additional notice will be given of
discontinuance of service for failure to timely pay the bill. The customer may request a hearing,
at a time designated not less than five (5) days after the mailing or other personal delivery of the
notice, to show just cause why the service should not be discontinued for failure to pay the bill.
Such hearing shall be conducted at the city hall by the city manager and city water
superintendent or, in the event of necessary absence of either, by the other of the two officials.
If the customer fails to appear for the hearing, or appearing fails to show just cause for the
delay, the service shall thereafter be promptly disconnected until the delinquencies are all paid.
If good cause for delay is shown, the hearing officials may withdraw the discontinuance notice,
or defer discontinuance under conditions deemed fair and just in light of the evidence presented
at such hearing. If such bills are not paid by the designated due date each month, a ten - percent
penalty will be added for late payment.
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 it is so ordained.
PASSED AND APPROVED ON THIS W DAY OF t cQ \1 4,'y1,Y'� , 2015.
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson