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:
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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.
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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:
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CITY SECRETARY LESLIE E. GALLOWAY
APPROVED:
MAYift.t/
OR BRIAN JOHNSON
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APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY ATTORNEY
MONDAY, JUNE 1, 2020
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0686 CITY OF KENNEDALE, TX 2020