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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 T AP P R O V E D OPTION 2 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. NO T AP P R O V E D OPTION 2 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 NO T AP P R O V E D OPTION 2 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 T AP P R O V E D OPTION 2 CITY OF KENNEDALE: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne Olson NO T AP P R O V E D OPTION 3 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 T AP P R O V E D OPTION 3 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. NO T AP P R O V E D OPTION 3 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. NO T AP P R O V E D OPTION 3 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 NO T AP P R O V E D OPTION 3 ATTEST: City Secretary, Leslie Galloway EFFECTIVE DATE: APPROVED ASTO FORM AND LEGALITY: City Attorney, Wayne Olson NO T AP P R O V E D