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O702 Increasing the senior and disabled persons water and sewer rate creditsORDINANCE NO. 702 AN ORDINANCE AMENDING ORDINANCE NO. 611 BY INCREASING THE SENIOR AND DISABLED PERSONS WATER AND SEWER RATE CREDITS; AMENDING THE KENNEDALE CITY CODE, BY AMENDING S ECTION 23-83 "DISCOUNT FOR QUALIFYING SENIOR CITIZENS AND DISABLED PERSONS" OF CHAPTER 23 "WATER, SEWERS AND SEWAGE DISPOSAL" TO REQUIRE APPLICANTS TO REAPPLY EVERY TWO YEARS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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, by Ordinance No. 611, the City Council previously adopted discounts for water and sewer charges for senior and disabled persons; and WHEREAS, Section 23-83 of the Kennedale City Code sets forth eligibility requirements to receive the discount; and WHEREAS, the City Council now desires to increase the water and sewer rate credits to be given and require that applicants reapply for the credits every two years. S OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: S ECTION 1. S ection 1.A.1. of Ordinance No. 611 is amended by increasing the senior/disabled water rate credit from $7.50 to $8.00 per month/billing cycle. S ECTION 2. S ection 2.A. of Ordinance No. 611 is amended by increasing the senior/disabled sewer rate credit from $7.50 to $8.00 per month/billing cycle. S ECTION 3. S ection 23-83 "Discount for Qualifying Senior Citizen and Disabled Persons" of Chapter 23 "Water, Sewers and Sewage Disposal" of the Kennedale City Code is hereby amended by amending subsection 23-83(3) to read as follows: PAGE 1 OF 3 0702 CITY OF KENNEDALE, TX 2020 "(3) Qualifying senior citizens or disabled individuals may only apply the credit on water rates and sewer charges to one (1) residence in the City of Kennedale. All recipients of the discount must apply and complete an affidavit for the discount, and must reapply and complete an affidavit every two years from the date of the initial application to continue to receive the discount. Should a qualifying spouse become deceased, the surviving spouse will continue to receive the discount until the end of the fiscal year, which spans from October to the following September." SECTION 4. Section 23-83 "Discount for Qualifying Senior Citizen and Disabled Persons" of Chapter 23 "Water, Sewers and Sewage Disposal" of the Kennedale City Code is hereby amended by amending subsection 23-83(1)b. to correct a typographical error and to read as follows: "b. Must provide proof of annual household income, inclusive of all household residents, by submitting a Federal Income Tax Return and/or benefit letter from the Social Security Administration. The annual household income must not exceed thirty-two thousand dollars ($32,000); and" SECTION 5. The increased credits described in Sections 1 and 2 of this ordinance will take effect upon the City transferring its billing operations to the City of Arlington, Texas. SECTION 6. Qualifying senior citizens and disabled individuals who have been receiving a discount on residential water rates and sewer charges for more than two consecutive years must reapply for a discount as provided in Section 23-83 of the Kennedale City Code within 60 days of the effective date of this ordinance. SECTION 7. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. 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 PAGE 2 OF 3 0702 CITY OF KENNEDALE, TX 2020 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. SECTION 9. This ordinance shall be in full force and effect after its passage and it is so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 16TH DAY OF JUNE, 2020. ATTEST: CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: CIT, ATTOI�Y'DREW LARKIN APPROVED: MAY R = RIAN JO NSON , t Ol%GagU o;g? nt• ce. Vb hJ. ILIAD l iS " ' ) x• a f G �.rr 4♦ d0 o, 3',JOi � e 9 ` 0 °°tD"eQ S* . '.+ of �� n y v t s� CS %1l ii:. A .eu 0 l 'T3 PAGE3OF3 0702 CITY OF KENNEDALE, TX 2020 s°C