O586ORDINANCE NO. 586
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY ESTABLISHING A
METHOD FOR BILLING COMMERICAL ACCOUNTS FOR
STORMWATER; 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 commercial accounts and
stormwater fees; and
WHEREAS, the City Council desires to clarify the billing procedures for stormwater fees on
commercial properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23 -506 "Stormwater (drainage) utility fee, billing policies, and procedures" of the
Kennedale City Code is hereby amended by revising subsection (b) (3) to read as follows:
(b) Responsible Party
(3) If there is no active customer account for a benefitted property recorded in the City's
utility billing system, the benefitted property is vacant, either on a temporary or permanent basis,
or when a benefitted property is not served by other municipal utility service the Director shall
establish a "Stormwater Only Account" and shall bill the owner of the benefitted property for the
stormwater (drainage) utility fee. The owner of the benefitted property shall be responsible for
payment of fees imposed via a Stormwater Only Account. Commercial accounts will have tenant
and owner accounts at all times in which owners are charged for stormwater only and tenants
receive all other applicable charges such as water, sewer, and rubbish.
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 � DAY OF '���Cr�� , 2015.
ATTEST:
City Secretary, Leslie Gallowa
CITY OF KENNEDALE:
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson