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O648_DENIEDORDINANCE NO. 648 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING THE RATES FOR WATER SERVICE AND SANITARY SEWER SERVICE; PROVIDING AN EFFECTIVE DATE FOR THE RATES CONTAINED HEREIN; PROVIDING A PENALTY FOR PROVIDING FALSE INFORMATION TO OBTAIN A DISCOUNT 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 OFFICIAL NEWSPAPER; 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 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, 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 determined that it is in the best interests of the City of Kennedale to appropriate money to meet the funding requirements necessary to operate the water and sewer system by adopting a revised rate schedule for water and sewer rates, as provided herein. 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, the City Council hereby adopts water rates to fund the expenditures necessary to operate and maintain the water system and for payment of debt related to the provision of such service. The following rate schedule is hereby adopted for monthly residential and commercial /industrial water usage. The total monthly charge shall include a base rate plus a volume charge for water usage. A. For service within the city limits: 1. Base Rate: METER SIZE BASE RATE RESIDENTIAL BASE RATE COMMERCIAL/ INDUSTRIAL BASE RATE* SENIOR/DISABLED MULTIPLE RESIDENTIAL UNITS ON SINGLE METER %,, $20.00 $26.00 $20.00 $26.00 /Per Unit 1" $43.34 $43.34 $43.34 $26.00 /Per Unit 1.5" $86.58 $86.58 $86.58 $26.00 /Per Unit 2" $138.58 $138.58 $138.58 $26.00 /Per Unit 3" $260.00 $260.00 $260.00 $26.00 /Per Unit 4" $433.42 $433.42 $433.42 $26.00 /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 RATE COMMERCIAL/ INDUSTRIAL RATE ** SENIOR /DISABLED RATE First 5,000 Gallons $2.75 Per 1000 Gallons $2.75 Per 1000 Gallons $2.75 Per 1000 Gallons 5,001 - 20,000 Gallons $5.36 Per 1000 Gallons $5.36 Per 1000 Gallons $5.36 Per 1000 Gallons 20,001- 50,000 Gallons $6.70 Per 1000 Gallons $6.70 Per 1000 Gallons $6.70 Per 1000 Gallons Over 50,000 Gallons $8.38 Per 1000 Gallons $8.38 Per 1000 Gallons $8.38 Per 1000 Gallons 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. * *For commercial and industrial rate, 3rd and 4th tier volume charge is the same. B. For service outside the city limits: 1. Base Rate: METER SIZE BASE RATE RESIDENTIAL BASE RATE COMMERCIAL/ INDUSTRIAL BASE RATE SENIOR/DISABLED MULTIPLE RESIDENTIAL UNITS ON SINGLE METER 3/" $39.00 $39.00 N/A $39.00 /Per Unit 1" $97.50 $97.50 N/A $39.00 /Per Unit 1.5" $195.00 $195.00 N/A $39.00 /Per Unit 2" $312.00 $312.00 N/A $39.00 /Per Unit 3" $624.00 $624.00 N/A $39.00 /Per Unit 4" $975.00 $975.00 N/A $39.00 /Per Unit Note: Senior /disabled credit does not apply for service outside the city limits. 2. Volume Charge VOLUME RESIDENTIAL RATE COMMERCIAL/ INDUSTRIAL RATE* SENIOR /DISABLED RATE First 5,000 Gallons $2.75 Per 1000 Gallons $2.85 Per 1000 Gallons $2.75 Per 1000 Gallons 5,001- 20,000 Gallons $5.36 Per 1000 Gallons $5.36 Per 1000 Gallons $5.36 Per 1000 Gallons 20,001- 50,000 Gallons $6.70 Per 1000 Gallons $6.70 Per 1000 Gallons $6.70 Per 1000 Gallons Over 50,000 Gallons $8.38 Per 1000 Gallons $8.38 Per 1000 Gallons* $8.38 Per 1000 Gallons *For commercial rate, 3RD and 4TH 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 2. SEWER RATES In accordance with the provisions of Section 23 -79 of the Code of Ordinances, the City Council hereby adopts sewer rates to fund the 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 hereby adopted for monthly residential and commercial /industrial sewer usage. The total monthly charge shall include a base rate plus a volume charge based on water 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 meter size for water service. B. For service outside the city limits: RESIDENTIAL COMMERCIAL INDUSTRIAL SENIOR/DISABLED 1 RATE Min. Base Rate $34.00 $55.00 $55.00 $34.00* Volume $2.90 Per 1000 Gallons $6.72 Per 1000 Gallons $4.50 Per 1000 , Gallons $2.90 Per 1000 Gallons *For senior /disabled rate, a credit of $7.50 per month /billing cycle will apply towards the applicable meter size for water service. B. For service outside the city limits: Note: Senior /disabled credit does not apply for service outside the city limits. SECTION 3. RATE EFFECTIVE DATE The rates established in this ordinance shall supersede all prior adopted rates and shall become effective October 1, 2018. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, 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. The criteria for qualifying senior citizen and disabled individual credits adopted in Ordinance No. 611 shall remain in effect. SECTION 5. 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, RESIDENTIAL COMMERCIAL/ INDUSTRIAL SENIOR/DISABLED RATE Minimum Base Rate $67.50 $91.08 N/A Volume $4.35 Per 1000 Gallons $10.08 Per 1000 Gallons N/A Note: Senior /disabled credit does not apply for service outside the city limits. SECTION 3. RATE EFFECTIVE DATE The rates established in this ordinance shall supersede all prior adopted rates and shall become effective October 1, 2018. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, 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. The criteria for qualifying senior citizen and disabled individual credits adopted in Ordinance No. 611 shall remain in effect. SECTION 5. 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 6. 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 of the Local Government Code. SECTION 7. 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. SECTION 8. 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 2018. CITY OF KENNEDALE: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne Olson