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ORDINANCE NO. 159
AN ORDINANCE AMENDING THE WATER AND WASTEWATER IlVLI'ACT
FEES ORDINANCE, CODII~~IED AS ARTICLE V OF CH A PTFR 23 OF THE
KENNEDALE CITY CODE (1992), AS AMENDED, BY INCREASING THE
WATER IMPACT FEE TO BE COT,T,F,CTFD ON NEW DEVELOPMENT
FROM FIVE HUNDRED DOT,T,ARR ($500.00) TO NINE HUNDRED
-SEVEN DOT,T,A R~ AND FIlfiY CENTS ($937.50) PER SERVICE
UNIT; PROVIDING THAT THIS ORDINANCE SHALL BE C'LIMtILATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABII~ITY CLAUSE; AND
PROVIDING AN EFFEGrl`IVE DATE
WHEREAS, the City of Bennedale, 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 Focal Government Code; and
WHEREAS, the City of Bennedale has adopted a water and wastewater impact fee
ordinance providing for the imposition of water and wastewater impact fees on new development
as authorized by Chapter 395 of the Texas Local Government Code; and
WHEREAS, the city has conducted a water system analysis which substantiates the need
for water system improvements which are identified in the Capital Improvements Program,
including the construction of two deep Trinity Aquifer wells and an additional elevated water
storage tank; and
WHEREAS, the Capital Improvements Advisory Conlnlittee has recommended an increase
in the water impact fee in order to offset the costs of these water system improvements which will
be necessitated by new development in the City of Kennedale; and
WHEREAS, notice has been given and public hearings held in accordance with Chapter
395 of the Texas Local Government Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
I~;ENNEDALE, TEXAS, THAT
SECTION 1.
Exhibit C attached to the water and wastewater impact fees ordinance (Ordinance No. 1)
adopted on March 14, 1991, is amended to read as shown in Exhibit C attached to this ordinance.
To reflect this amendments Section 23-278 of the Kennedale City Code is hereby amended to read
as follows:
"Sec. 23-278. E~ibit C, schedule of maximum impact fees.
(a) The maximum assessable impact fees are as follows:
(1) Water Nine hundred thirty-seven dollars and fifty cents ($937.50), plus
impact fees imposed by the city's wholesale service providers.
(2) Wastewater Twelve dollars ($12.00), plus impact fees imposed by the city's
wholesale service providers, plus pro-rata share of localized lift stations
and associated force mains required by the new development
(b) The actual amount of impact fees to be collected shall be as follows:
(1) Water Nine hundred thirty-seven dollars and fifty cents ($937.50), plus
impact fees imposed by the city's wholesale service providers.
(2) Wastewater Twelve dollars ($12.00), plus impact fees imposed by the city's
wholesale service providers, plus pro-rata share of localized lift stations
and associated force mains required by the new development"
SECTION 2.
Section 23- 261 of the Bennedale City Code is hereby amended by revising Subparagraph
(bX1) to read as follows:
"(1) For a development which is submitted for approval pursuant to the city's
subdivision regulations, after the effective date of Ordinance No. 1, adopted
March 14, 1991, but before the effective date of Ordinance No. 159, adopted
November 5, 1998, assessments shall be at the time of final plat approval,
and shall be the maximum assessable impact fee per service unit then in
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effect, as provided in Exhibit C to Ordinance No. 1, as amended, For a
development which is submitted for approval pursuant to the city's
subdivision regulations after the effective date of Ordinance No. 159,
adopters November 5, 1998, assessment shall be at the time of final plat
approval, and shall be the maximum assessable impact fee per service unit
then in effects as provided in Exhibit C to Ordinance No. 159, as set forth
in Section 23- 27& The city may provide the subdivider with a copy of
Exhibit C prior to final plat approval, but such shall not constitute
assessment within the meaning of this article.
Subparagraph 2 and of Paragraph (b) shall remain unchanged.
SECTION 3.
Section 23-262 of the Kennedale City Code is hereby amended by revising Subparagraph
(aX4) to read as follows:
"(4) Fee credits and offsets shall be subtracted as determined by the process
prescribed in Section 23-265.°
SECTION 4
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 5
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,
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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
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED ON THIS 5TH DAY OF NOVEMBER, 1998.
APPROVED:
Mayor, Mask S. Wri t
AZTES~
City Secretary
APPR//OV//E//D AS TO FORM AND LEGALITY:
W6~ 0
City Attorney
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EXHIBIT C
SCHEDUIlE OF MAXTMTTM IlVIPACT FEES
(a) The maximum assessable impact fees are as follows:
(1) Water Nine hundred thirty-seven dollars and fifty cents ($937.50), plus
impact fees imposed by the city's wholesale service providers.
(2) Wastewater Twelve dollars ($12.00), plus impact fees imposed by the city's
wholesale service providers, plus pro-rata share of localized lift stations
and associated force mains required by the new development
(b) The actual amount of impact fees to be collected shall be as follows:
(1) Water Nine hundred thirty-seven dollars and fifty cents ($937.50), plus
impact fees imposed by the city's wholesale service providers.
(2) Wastewater Twelve dollars ($12.00), plus impact fees imposed by the city's
wholesale service providers, plus pro-rata share of localized lift stations
and associated force mains required by the new development"
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