Loading...
O686 Drainage Monthly utility fees for residential units and Religious Orgs.ORDINANCE NO. 686 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING CHAPTER 23, ARTICLE IX "STORMWATER (DRAINAGE) UTILITY SYSTEM", OF THE KENNEDALE CITY CODE, BY AMENDING DIVISION 2 "STORMWATER (DRAINAGE) UTILITY FEES" TO ESTABLISH AMENDED MONTHLY STORMWATER (DRAINAGE) U TILITY FEES FOR RESIDENTIAL UNITS AND RELIGIOUS ORGANIZATIONS; PROVIDING A CUMULATIVE CLAUSE; P ROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR P UBLICATION 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 WHEREAS, 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: PAGE 1 OF 3 0686 CITY OF KENNEDALE, TX 2020 SECTION 1. Section 23-527 "Fee Calculation" of Division 2 "Stormwater (Drainage) Utility Fees" of Chapter 23, Article IX, of the Kennedale City Code, is hereby amended by amending Subsections 23-527(c)(1) and 23-527(c)(2) to read 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 and fifty cents ($4.50). (2) Religious Organizations. The monthly stormwater (drainage) utility fee for each religious organization shall be four dollars and fifty cents ($4.50). * * * SECTION 2. The rates established in this Ordinance shall supersede all prior adopted rates and shall become effective June 1, 2020. SECTION 3. This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code, 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph, or section. PAGE2OF3 0686 CITY OF KENNEDALE, TX 2020 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, 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. PASSED AND APPROVED ON THIS 19T" DAY OF MAY, 2020. ATTEST: i anfrb7 CITY SECRETARY LESLIE E. GALLOWAY APPROVED: MAYift.t/ OR BRIAN JOHNSON IM 6 Q \: G� GAP a � 13 ®A } Ict 0 40 t. vre,j 0 'Si" 7 A mt.) .,fists 401 m' r J � a0 "/'''.414� % 4 c. e;ry ' (11/Ali'°► .11( 4'J 1 �-0 1 APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE: CITY ATTORNEY MONDAY, JUNE 1, 2020 PAGE3OF3 0686 CITY OF KENNEDALE, TX 2020