O608ORDINANCE NO. 608
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
REPEALING THE RATES FOR WATER SERVICE AND SANITARY
SEWER SERVICE ADOPTED IN ORDINANCE NUMBER 589 AND
REVISING THE RATES FOR WATER SERVICE AND SANITARY
SEWER SERVICE; PROVIDING A DISCOUNT FOR QUALIFYING
SENIOR CITIZENS AND DISABLED PERSONS; PROVIDING A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING AN EFFECTIVE
DATE FOR THE RATES CONTAINED HEREIN; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
PROVIDING A SAVINGS CLAUSE; 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 of Kennedale has adopted ordinances establishing rates for
water service and sanitary sewer service within and outside the city limits of Kennedale in
compliance with Sections 23 -52 and 23 -79 of the Code of Ordinances of the City of
Kennedale; and
WHEREAS, the City Council has determined that it is in the best interests of the City
of Kennedale to adopt a revised rate schedule in accordance with the provisions of Section
23 -52 and 23 -79 of the Code of Ordinances of the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS:
SECTION 1. REPEAL OF WATER AND SEWER RATES
The rates for water and sanitary sewer service established in Ordinance No. 589,
adopted January 18, 2016, are hereby repealed.
SECTION 2. WATER RATES
In accordance with the provisions of Section 23 -52 of the Code of Ordinances of the
City of Kennedale, the following rate schedule is hereby adopted for monthly residential and
commercial water usage. The total monthly charge shall be based on a base rate plus a
volume charge.
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A. For service within the city limits:
1. Base Rate:
METER
SIZE
BASE RATE
RESIDENTIAL
BASE RATE
COMMERCIAL
BASE RATE
SENIOR/DISABLED
MULTIPLE
RESIDENTIAL UNITS
ON SINGLE METER
3 /4 "
$13.87
$13.87
$13.87
$13.87 /Per Unit
V
$23.17
$23.17
$23.17
$13.87/Per Unit
1.5"
$46.19
$46.19
$46.19
$13.87/Per Unit
2
$73.92
$73.92
$73.92
$13.87/Per Unit
3"
$161.87
$161.87
$161.87
$13.87/Per Unit
4"
$291.29
$291.29
$291.29
$13.87/Per Unit
*For senior /disabled rate, a credit of $7.50 per month/billing cycle will apply towards the
applicable meter size for water service.
2. Volume Charge:
VOLUME
RESIDENTIAL
RATE
COMMERCIAL
RATE
SENIOR/DISABLED
RATE
First 5000 Gallons
$2.79 Per 1000 Gallons
$2.78 Per 1000 Gallons
$2.79 Per 1000 Gallons
5001 - 50,000 Gallons
$5.27 Per 1000 Gallons
$5.27 Per 1000 Gallons*
$5.27 Per 1000 Gallons
Over 50,000 Gallons
$6.19 Per 1000 Gallons
$5.27 Per 1000 Gallons*
$6.19 Per 1000 Gallons
*For commercial rate, 2nd and 3rd tier volume charge is the same.
Note: For multiple residential units on a single water meter, the volume charge shall be
calculated on a per unit basis by dividing the total volume of water used by the number of
residential units.
B. For service outside the city limits:
1. Base Rate:
METER
SIZE
BASE RATE
RESIDENTIAL
BASE RATE
COMMERCIAL
BASE RATE
SENIOR/DISABLED
MULTIPLE
RESIDENTIAL UNITS
ON SINGLE METER
3 /4 "
$27.75
$27.75
N/A
$27.75/Per Unit
1
$46.33
$46.33
N/A
$27.75/Per Unit
1.5"
$92.38
$92.38
N/A
$27.75/Per Unit
2"
$147.85
$147.85
N/A
$27.75 /Per Unit
3"
$323.75
$323.75
N/A
$27.75/Per Unit
4"
$582.58
$582.58
NIA
$27.75/Per Unit
Note: Senior /disabled credit does not apply to service outside the city limits.
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2. Volume Charge:
VOLUME
RESIDENTIAL
RATE
COMMERCIAL
RATE
SENIOR/DISABLED
RATE
First 5000 Gallons
$5.58 Per 1000 Gallons
$5.58 Per 1000 Gallons
N/A
5001 — 50,000 Gallons
$10.54 Per 1000 Gallons
$10.54 Per 1000 Gallons*
N/A
Over 50,000 Gallons
$12.38 Per 1000 Gallons
$10.54 Per 1000 Gallons*
N/A
*For commercial rate 2nd and 3 tier volume charge is the same.
Note: For multiple residential units on a single water meter, the volume charge shall be
calculated on a per unit basis by dividing the total volume of water used by the number of
residential units.
SECTION 3. SEWER RATES
In accordance with the provisions of Section 23 -79 of the Code of Ordinances of the City
of Kennedale, the following rate schedule is hereby adopted for monthly residential and
commercial sewer usage:
A. For service within the city limits:
*For senior /disabled rate, a credit of $7.50 per month /billing cycle will apply towards the
applicable base for sewer service.
B. For service outside the city limits:
RESIDENTIAL
COMMERCIAL
SENIOR/DISABLED
RATE
Minimum Base Rate
$17.19
$28.64
$17.19*
Volume
$4.09 Per 1000 Gallons
$4.48 Per 1000 Gallons
$4.09 Per 1000 Gallons
*For senior /disabled rate, a credit of $7.50 per month /billing cycle will apply towards the
applicable base for sewer service.
B. For service outside the city limits:
Note: Senior /disabled credit does not apply to service outside the city limits.
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RESIDENTIAL
COMMERCIAL
SENIOR/DISABLED
RATE
Minimum Base Rate
$34.37
$57.28
N/
Volume
$8.17 Per 1000 Gallons
$8.95 Per 1000 Gallons
N/
Note: Senior /disabled credit does not apply to service outside the city limits.
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SECTION 4. CREDIT
Qualifying senior citizens and disabled individuals are eligible to receive a credit on the
residential water rates and sewer rates as set forth in this ordinance.
A. A qualifying senior citizen is defined as an individual 60 years of age and older,
verified by a photo identification and /or birth cehificate, who applies for the
discount and meets the following criteria:
1. Must reside on property located within the corporate city limits of the City
of Kennedale and present proof of residency, photo identification, and a
current electric bill; and
2. Must provide proof of annual household income, inclusive of all
household residents, by submitting a Federal income tax return and /or
benefit letter from the Social Security Administration. The annual
household income must not exceed $32,000; and
3. Must sign an affidavit verifying the accuracy of all information provided
to the City to obtain the discount and agree to reimburse the City if any of
the submitted information is found to be false.
B. A qualifying disabled individual is defined as anyone whose disability is subject
to verification by Tan -ant County Appraisal District and /or Social Security
Administration or Veterans Administration, who applies for the credit and meets
the following criteria:
1. Must reside on property located within the corporate city limits of the City
of Kennedale and present proof of residency, photo identification, and a
current electric bill; and
2. Must sign an affidavit verifying the accuracy of all information provided
to the City to obtain the discount and agree to reimburse the City if any of
the submitted information is found to be false.
C. Qualifying senior citizens or disabled individuals may only apply the credit on
water rates and sewer rates to one residence in the City of Kennedale. All
recipients of the discount must apply and complete an affidavit for the discount.
Should a qualifying spouse become deceased, the surviving spouse will
continue to receive the discount until the end of the fiscal year, which
spans from October to the following September.
D. Ifany of the submitted information in an application for a credit on the residential
water rates and sewer rates established by this ordinance is found to be false, the
individual who received the discount shall be required to reimburse the City for
the amount of discount wrongfully received.
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SECTION 5. PENALTY
Providing and /or verifying false information presented to the City for purposes of
obtaining a discount pursuant to this ordinance is hereby declared a misdemeanor. A person
convicted of verifying and/or providing false information to obtain a discount on water rates or
sewer rates shall be punished by a fine not exceeding two hundred dollars ($200.00).
SECTION 6. RATE EFFECTIVE DATE
The rates established in this ordinance shall become effective upon entering the rates in the
City's water and sewer billing system, or December 28, 2016, whichever occurs first.
SECTION 7. CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provision of such ordinances except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which the event the conflicting provisions of such ordinances are hereby repealed.
SECTION 8. 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 9. PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale, the caption, Section 5 and effective date clause of this
Ordinance one (1) time within ten (10) days after the first reading of this Ordinance as required
by the Charter of the City of Kennedale.
SECTION 10. SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the Code of Ordinances of the City of Kennedale, as amended, or any other
ordinance regarding the regulation of water and sewer rates 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.
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SECTION 11. 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 THE 19 DAY OF SEPTEMBER 2016.
CITY OF KENNEDALE:
r
rian P. Joh son, Mayor
Wayne Olson, City Attorney
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