O265ORDINANCE NO. 265
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. 259
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, citizens of the City of Kennedale have filed a petition for referendum
and the City Council has reconsidered previously adopted Ordinance No. 259, pursuant to
Article XI of the Kennedale City Charter; and
WHEREAS, the City Council has determined that it is in the best interests of the City
of Kennedale to repeal Ordinance No. 259, 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 BYTHE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
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SECTION 1.
WATER RATES
That in accordance with the provisions of Section 23-52 of the Code of Ordinances
of the City of Kennedale, the following rate schedule is hereby adopted for monthly
residential and commercial water usage:
A. For Service within the city limits:
BASIC RATE SENIOR/
DISABLED RATE
1. First 2,000 gallons per month used $11.00 $5.50
(minimum charge) (minimum charge)
2. Each additional 1,000 gallons (or
any portion thereof in excess of
2,000 gallons) used up to 5,000
gallons per month $3.65 $2 62
3. Each additional 1,000 gallons (or
any portion thereof in excess of
5,000 gallons) used in excess of $4.00 $2.68
5,000 gallons per month
B. For service outside the city limits:
1. First 2,000 gallons per month used $26.00
(minimum charge)
2. Each additional 1,000 gallons (or
any portion thereof in excess of
2,000 gallons) used up to 5,000
gallons per month $3.65
3. Each additional 1,000 gallons (or
any portion thereof in excess of
5,000 gallons) used in excess of
5,000 gallons per month $4.00
SECTION 2.
SEWER RATES
That 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
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residential and commercial sewer charges:
A. For residential sewer service:
1. Basic charge according to meter size as set out below, plus $2.61 per
thousand gallons of water used.
Meter Size Basic Charge
3/4" & 1 " $10.00
1 '/Z " $11.15
2" $12.50
3" $15.70
4" $20.40
2. Senior/Disabled charge according to meter size set out below, plus
$1.53 per thousand gallons of water used.
Meter Size Basic Charae
3/4" & 1" $5.00
1 '/2 " $5.57
2" $6.25
3" $7.85
4" $10.20
B. For commercial users:
Basic charge according to meter size as set out below, plus $2.61 per thousand
gallons of water used.
Meter Size Basic Charge
3/4" & 1 " $14.50
1'/z" $15.65
2" $17.00
3" $20.20
4" $24.90
C. For all users outside the city limits:
Double the charge for service within the city for the appropriate category of user.
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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
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 applythe discount
on water rates and sewer charges to one residence in the City of Kennedale. All recipients
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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
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 become effective upon adoption of this
ordinance.
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 indirect conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed. Ordinance No. 259 is hereby repealed.
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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 orsection ofthis 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
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 its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 11th DAY OF DECEMBER, 2003.
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MAYOR
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ATTEST:
CIT SECR ARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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