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O638 CITY OF KENNEDALE, TX 2017
ORDINANCE NO. 638
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 23, ARTICLE IX “STORMWATER (DRAINAGE) UTILITY
SYSTEM”, OF THE KENNEDALE CITY CODE OF ORDINANCES
(1991), AS AMENDED, BY AMENDING DIVISION 2 “STORMWATER
(DRAINAGE) UTILITY FEES” TO ESTABLISH AMENDED MONTHLY
STORMWATER (DRAINAGE) UTILITY FEES FOR THE PURPOSE OF
FUNDING THE STORMWATER (DRAINAGE) UTILITY SYSTEM;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; 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, the City Council of the City of Kennedale, Texas (“City Council”)
adopted Ordinance No. 447, as amended, which created a stormwater (drainage) utility
system and established stormwater (drainage) service to collect and direct stormwater
runoff for benefitted properties within the utility service area upon payment of
stormwater (drainage) utility fees; and
WHEREAS, the City Council now desires to amend the schedule of stormwater
(drainage) utility fees for stormwater (drainage) service for residential and religious
organizations; and
WHEREAS, the City Council gave proper notice of a public hearing at which
interested persons were allowed to provide comments regarding the proposed drainage
utility fees; and
WHEREAS, the City Council finds that the amended schedule of stormwater
(drainage) utility fees for stormwater (drainage) service is nondiscriminatory,
reasonable, and equitable and is warranted; and
W HEREAS, in amending the schedule of stormwater (drainage) utility fees, the
fees are based on an inventory of improved parcels within the utility service area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Chapter 23 “Water, Sewers, and Sewage Disposal“, of the Kennedale City Code,
is hereby amended by amending Subsection (c) of Section 23-527 of Division 2 of
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O638 CITY OF KENNEDALE, TX 2017
Article IX “Stormwater (Drainage) Utility System”, to revise the stormwater (drainage)
utility fees for residential units and religious organizations as follows:
“Sec. 23-527. Fee calculation.
* * *
(c) Schedule of Monthly Fees and Rates . The monthly stormwater (drainage) utility
fee shall be as follows:
(1) Residential Units. The monthly stormwater (drainage) utility fee for each
residential dwelling unit or ERU shall be four dollars ($4.00).
(2) Religious Organizations. The monthly stormwater (drainage) utility fee for
each re ligious organization shall be four dollars ($4.00).
(3) [Unchanged]
(4) [Unchanged]”
SECTION 2.
The rates established in this Ordinance shall supersede all prior adopted rates
and shall become effective December 1, 2017.
SECTION 3.
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 stormwater (drainage) utility fees or rates
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 4.
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
unc onstitutional phrase, clause, sentence, paragraph, or section.
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O638 CITY OF KENNEDALE, TX 2017
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 (1991), as amended, or
any other ordinances regarding stormwater (drainage) utility fees or 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.
SECTION 6.
The City Secretary of the City is hereby authorized to publish this Ordinance in
book or pamphlet form for general distribution among the public, and the operative
provisions of this Ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 7.
This Ordinance shall be in full force and effect from and after its passage , and it
is so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 20 th DAY OF NOVEMBER , 2017.
APPROVED:
______________________________
ATTEST:
______________________________
CITY SECRETARY, LESLIE GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY, WAYNE OLSON
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