O277ORDINANCE NO. 277
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REVISING THE
RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE;
PROVIDING A DISCOUNT FOR QUALIFYING SENIOR CITIZENS AND
DISABLED PERSONS; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING AN EFFECTIVE DATE FOR THE RATES
CONTAINED HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
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 of Kennedale has heretofore adopted Ordinance No. 265
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, since the adoption of Ordinance No. 265, the City of Kennedale has
performed a rate study to determine reasonable rates to be charged for water and sewer
service; and
WHEREAS, the City Council has determined that it is in the best interests of the City
of Kennedale to repeal Ordinance No. 265, and adopt a revised rate schedule in
accordance with the provisions of Section 23-52 and 23-79 of the Code of Ordinances of
the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
WATER RATES
In accordance with the provisions of Section 23-52 of the Code of Ordinances of the
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City of Kennedale, the following rate schedule is hereby adopted for monthly residential and
commercial water usage. The total monthly charge shall be based on a base rate plus a
volume charge.
A. For service within the city limits:
1. Base Rate:
METER SIZE BASE RATE
RESIDENTIAU
COMMERCIAL SENIOR/
DISABLED RATE
3/4" $8.50 $4.25
1" $14.20 $7.10
1.5" $28.31 $14.15
2" $45.31 $22.65
3" $99.20 $49.60
4" 178.50 89.25
2. Volume Charge:
VOLUME RESIDENTIAU
COMMERCIAL SENIOR/
DISABLED RATE
0-5000 allons $2.10 er 1000 allons $1.10 er 1000 allons
5001 + allons 3.95 er 1000 allons 3.45 er 1000 allons
B. For service outside the city limits:
E3ase Rate:
METER SIZE BASE RATE
RESIDENTIAU
COMMERCIAL
3/4" $17.00
1" $28.39
1.5" $56.61
2" $90.61
3" $198.39
4" 357.00
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2. Volume Charge:
VOLUME RESIDENTIAL/
COMMERCIAL
0-5000 allons $2.10 er 1000 allons
5001 + allons 3.95 er 1000 allons
SECTION 2.
SEWER RATES
In accordance with the provisions of Section 23-79 of the Code of Ordinances of the
City of Kennedale, the following rate schedule is hereby adopted for monthly residential and
commercial sewer charges:
A. For residential sewer service within the city:
RESIDENTIAL COMMERCIAL SENIOR/
DISABLED RATE
Minimum $12.00 $20.00 $6.00
Volume per 1000 $3.20 $3.50 $2.25
gallons of water used
B. For sewer service outside the city limits, double the charge for service within
the city for the appropriate category of user.
SECTION 3.
DISCOUNT
Qualifying senior citizens and disabled individuals are eligible to receive a discount
on the residential water rates and sewer charges as set forth in this ordinance.
A. A qualifying senior citizen is defined as an individual 65 years of age and
older, verified by a photo identification and/or birth certificate, who applies for the discount
and meets the following criteria:
Must reside on property located within the corporate city limits of the
City of Kennedale and present proof of residency, photo identification,
and a current electric bill; and
2. 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
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household income must not exceed $32,000.00; and
3. Must sign an affidavit verifying the accuracy of all information provided
to the City to obtain the discount and agree to reimburse the City if
any of the submitted information is found to be false.
B. A qualifying disabled individual is defined as anyone whose disability is
subject to verification by Tarrant County Appraisal District and/or Social Security
Administration or Veterans Administration, who applies for the discount and meets the
following criteria:
1. Must reside on property located within the corporate city limits of the
City of Kennedale and present proof of residency, photo identification,
and a current electric bill; and
2. Must sign an affidavit verifying the accuracy of all information provided
to the City to obtain the discount and agree to reimburse the City if
any of the submitted information is found to be false.
C. Qualifying senior citizens or disabled individuals may only apply the discount
on water rates and sewer charges to one residence in the City of Kennedale. All recipients
of the discount must apply and complete an affidavit for 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.
D. If any of the submitted information in an application for a discount on the
residential water rates and sewer charges established by this ordinance is found to be
false, the individual who received the discount shall be required to reimburse the City for
the amount of discount wrongfully received .
SECTION 4.
PENALTY
Providing and/or verifying false information presented to the City for purposes of
obtaining a discount pursuant to this ordinance is hereby declared a misdemeanor. A
person convicted of verifying and/or providing false information to obtain a discount on
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water rates and sewer charges shall be punished by a fine not exceeding two hundred
dollars ($200.00).
SECTION 5.
RATE EFFECTIVE DATE
The rates established in this ordinance shall be effective the next billing cycle
following the adoption of this ordinance (which is to begin the date after the meters are read
for the current billing cycle).
SECTION 6.
CUMULATIVE CLAUSE
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. Ordinance No. 265 is hereby repealed.
SECTION 7.
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 8.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish in the
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official newspaper of the City of Kennedale the caption, penalty clause, publication clause
and effective date clause of this ordinance as provided by Section 3.10 of the Charter of
the City of Kennedale.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after October 1, 2004, and
it is so ordained.
PASSED AND APPROVED ON THIS 9t'' DAY OF SEPTEMBER, 2004.
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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