O633_POSTPONED_REPLACEDbyO637OPTION 2
ORDINANCE NO. 633
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING
THE RATES FOR WATER SERVICE AND SANITARY SEWER
SERVICE; PROVIDING AN EFFECTIVE DATE FORTHE RATES
CONTAINED HEREIN; PROVIDING A PENALTY FOR PROVIDING
FALSE INFORMATION TO OBTAIN ADISCOUNT ON WATER OR
SEWER RATES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIALNEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule cityacting 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 has adopted ordinancesestablishing rates forwater
service and sanitarysewer service within and outside thecity limits of Kennedale in
compliance with Sections 23-52 and 23-79 of theCode ofOrdinances of theCity of
Kennedale; and
WHEREAS, in accordance with the provisions of Sections 23-52 and 23-79 of
the Code of Ordinances of the City of Kennedale, the City Council has determinedthat it
is in the best interests of theCity of Kennedale to appropriate money to meet the
funding requirements necessary to operate the water and sewer system by adopting a
revised rate schedulefor water and sewer rates withinthecity limits, as providedherein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1. WATER RATES
In accordance with theprovisions of Section 23-52 of theCode of Ordinances,
theCity Council herebyadopts water rates to fund the expendituresnecessary to
operate and maintainthe water system and forpayment of debt related to the provision
ofsuch service. The following rate schedule is herebyadopted for monthly residential
and commercial/industrial water usage within the city limits of Kennedale. The total
monthly charge shall include a base rate plus a volumecharge for water usage.NO
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A. For service within the city limits:
1. Base Rate:
METER BASE RATE BASE RATE BASE RATE MULTIPLE
SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLEDRESIDENTIAL
INDUSTRIAL UNITS ON
SINGLE METER
11 20.00 26.00 20.00 $20.00/Per Unit
1" 33.00 65.00 33.00 $20.00/Per Unit
1.5" 130.00 130.00 130.00 $20.00/Per Unit
2" 208.00 208.00 208.00 $20.00/Per Unit
3" 416.00 416.00 416.00 $20.00/Per Unit
4" 650.00 650.00 650.00 $20.00/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 COMMERCIAL/ SENIOR/DISABLED
RATE INDUSTRIAL RATE RATE
First 5,000 Gallons 2.75 Per 1000 2.85 Per 1000 2.75 Per 1000 Gallons
Gallons Gallons
5,001-20,000 5.36 Per 1000 5.30 Per 1000 5.36 Per 1000 Gallons
Gallons Gallons Gallons
20,001-50,000 6.70 Per 1000 6.94 Per 1000 6.70 Per 1000 Gallons
Gallons Gallons Gallons
Over 50,000 Gallons 8.38 Per 1000 6.94 Per 1000 8.38 Per 1000 Gallons
Gallons Gallons*
For commercial/industrial rate,
3rd
and
4t" tier volume charge is the same.
Note: For multiple residential units on a single water meter, the volume charge shall be
calculated on a perunit basis by dividing the total volume of water used by the number
of residential units.
SECTION 2. SEWER RATES
In accordance with the provisions of Section 23-79 of the Code of Ordinances,
theCity Councilhereby adopts sewer rates to fundthe expenditures necessary to
operate and maintain the sewer system and for payment of debt related to the provision
of such service. The following rate schedule is herebyadopted for monthly residential
and commercial/industrial sewer usage within thecity limits of Kennedale. The total
monthly charge shall include a base rate plus a volume charge based on water usage.
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A. For service within the city limits:
RESIDENTIAL COMMERCIAL INDUSTRIAL SENIOR/DISABLED
RATE
Min. Base 25.00 60.72 60.72 25.00*
Rate
Volume 2.90/1000 6.72/1000 4.50/1000 $2.90/1000 Gallons
Gallons GallonsGallons
For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the
applicable meter size for water service.
SECTION 3.
The rate schedulefor water and sewer usage outside thecity limits of
Kennedale is unchanged.
SECTION 4.
Chapter 23, Water, Sewers and Sewage Disposal, Article II, Municipal Water
System, Division 2, Rates and Charges is amended by adding a new Section 23-55to
read as follows:
Sec. 23-55. — False information.
Providing and/or verifying false information presented to the City for purposes of
obtaining a discount on water or sewer rates is herebydeclared 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 5.
RATE EFFECTIVE DATE
The rates established in this ordinance shall supersede all prior adopted rates
and shall become effective upon entering the rates in the City's water and sewer billing
system or whichever occursfirst.
SECTION 6.
CUMULATIVECLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, and shall not repealany 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. The criteria for
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qualifying senior citizen and disabledindividualcreditsadopted in Ordinance No. 611
shall remain in effect.
SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that thephrases,
clauses, sentences, paragraphs, and sections of thisOrdinance are severable, and if
anyphrase, clause, sentence, paragraphorsection of this Ordinance shall be declared
unconstitutional by thevalid 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, sincethe 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 8.
PUBLICATION CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaperof the City of Kennedale the caption, Section 4, the penaltyclause
and effective date clause of this ordinance two (2) days as authorized by section 52.013
ofthe Local Government Code.
SECTION 9.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of theCode of Ordinances of the City of Kennedale, as amended, or
any otherordinance regardingtheregulation of water and sewer rates that have
accrued atthe timeofthe effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civiland 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 10.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required bylaw, and it is so ordained.
PASSED AND APPROVED ON THIS 17" DAY OF JULY, 2017.NO
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CITY OF KENNEDALE:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
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ORDINANCE NO. 633
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING
THE RATES FOR WATER SERVICE AND SANITARY SEWER
SERVICE; PROVIDING AN EFFECTIVE DATE FORTHE RATES
CONTAINED HEREIN; PROVIDING A PENALTY FOR PROVIDING
FALSE INFORMATION TO OBTAINADISCOUNT ON WATER OR
SEWER RATES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIALNEWSPAPER; 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 Council has adopted ordinancesestablishing rates forwater
service and sanitarysewer service within and outside thecity limits of Kennedale in
compliance with Sections 23-52 and 23-79 of theCode of Ordinances of theCity of
Kennedale; and
WHEREAS, in accordance with theprovisions of Sections 23-52 and 23-79 of
the Code of Ordinances of the City of Kennedale, the City Council has determinedthat it
is in the best interests of theCity of Kennedale to appropriate money to meet the
funding requirements necessary to operate the water and sewer system by adopting a
revised rate schedulefor water and sewer rates withinthecity limits, as providedherein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1. WATER RATES
In accordance with the provisions of Section 23-52 of the Code of Ordinances,
theCity Council herebyadopts water rates to fund the expendituresnecessary to
operate and maintainthe water system and forpayment of debt related to the provision
of such service. The following rate schedule is herebyadopted formonthly residential
and commercial/industrial water usage within the city limits of Kennedale. The total
monthly charge shall include a base rate plus a volume charge for water usage.NO
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A. For service within the city limits:
1 . Base Rate:
METER BASE RATE BASE RATE BASE RATE MULTIPLE
SIZE RESIDENTIAL COMMERCIAL/ SENIOR/DISABLEDRESIDENTIAL
INDUSTRIAL UNITS ON
SINGLE METER
3/" 25.00 25.00 25.00 $25.00/Per Unit
1" 41 .68 41.68 41 .68 $25.00/Per Unit
1.5" 83.25 83.25 83.25 $25.00/Per Unit
2"133.25 133.25 133.25 $25.00/Per Unit
3"250.00 250.00 250.00 $25.00/Per Unit
4"416.75 416.68 416.75 $25.00/Per Unit
For senior/disabled rate, a credit of $7.50 permonth/billing cycle will apply towards the
applicable meter size for water service.
2. Volume Charge:
VOLUME RESIDENTIAL COMMERCIAL/ SENIOR/DISABLED
RATE INDUSTRIAL RATE RATE
First 5,000 Gallons 4.50 Per 1000 5.63 Per 1000 4.50 Per 1000 Gallons
Gallons Gallons
5,001-20,000 5.63 Per 1000 7.03 Per 1000 5.63 Per 1000 Gallons
Gallons Gallons Gallons
20,001-50,000 7.03 Per 1000 8.79 Per 1000 7.03 Per 1000 Gallons
Gallons Gallons Gallons
Over 50,000 Gallons 8.79 Per 1000 10.99 Per 1000 $8.79 Per 1000 Gallons
Gallons Gallons
Note: For multiple residential units on a single water meter, the volume charge shall be
calculated on a perunit basis by dividing thetotal volume of water used by the number
of residential units.
SECTION 2. SEWER RATES
In accordance with the provisions of Section 23-79 of the Code of Ordinances,
theCity Councilhereby adopts sewer rates to fundthe expenditures necessary to
operate and maintain the sewer system and for payment of debt relatedto the provision
of such service. The following rate schedule is herebyadopted formonthly residential
and commercial/industrial sewer usage within thecity limits of Kennedale. The total
monthly charge shall include a base rate plus a volume charge based on water usage.
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A. For service within the city limits:
RESIDENTIALCOMMERCIALINDUSTRIAL SENIOR/DISABLED
RATE
Min. Base 30.00 60.00 60.00 30.00*
Rate
Volume 4.50/1000 7.00/1000 7.00/1000 $4.50/1000 Gallons
Gallons GallonsGallons
For senior/disabled rate, a credit of $7.50 per month/billing cycle will applytowards the
applicable meter size for water service.
SECTION 3.
The rate schedule for water and sewer usage outside the city limits of Kennedale
is unchanged.
SECTION 4.
Chapter 23, Water, Sewers and Sewage Disposal, Article II, Municipal Water
System, Division 2, Rates and Charges is amended by adding a new Section 23-55 to
read as follows:
Sec. 23-55. — False information.
Providing and/or verifying false information presented tothe City for purposes of
obtaining a discount on water orsewer rates is herebydeclared 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 5.
RATE EFFECTIVE DATE
The rates established in this ordinance shall supersede all prior adopted rates
and shall becomeeffective upon entering the rates in the City's water and sewer billing
system or whichever occurs first.
SECTION 6.
CUMULATIVECLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and
of the Kennedale City Code (1991), as amended, and shall not repealany 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. The criteria for
qualifying senior citizen and disabledindividualcreditsadopted in Ordinance No. 611
shallremain in effect.
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SECTION 7.
SEVERABILITY CLAUSE
It is hereby declared to be theintention of the City Council that thephrases,
clauses, sentences, paragraphs, and sections of thisOrdinance are severable, and if
anyphrase, clause, sentence, paragraph orsection of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of anycourt 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 Ordinanceof any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8.
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 4, the penalty clause
and effective date clause of this ordinance two (2) days as authorized by section 52.013
ofthe Local Government Code.
SECTION 9.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of theCode of Ordinancesof the City of Kennedale, as amended, or
any otherordinance regardingtheregulation ofwater 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 civiland 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 10.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required bylaw, and it is so ordained.
PASSED AND APPROVED ON THIS 17" DAY OF JULY, 2017.
CITY OF KENNEDALE:
Mayor, Brian Johnson
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ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED ASTO FORM AND LEGALITY:
City Attorney, Wayne Olson
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