Wednesday, June 6, a petition was presented to the Kennedale City Secretary calling for the repeal City Ordinance #589 passed in January of this year that set the current water and sewer rates. {{more:[Read petition]}}
The City ofKennedale
ordinance in question significantly increased both water and sewer rates. It also altered the water rate fees to put a much larger emphasis on the base rate that all users pay.The rate adjustments were made after a report late last year from a citizens review committee that had conducted a study of the overall public works needs including upgrades to the existing water and sewer system versus the revenue collected under the former rate system.A group of citizens in protest started the petition, citing the City
Charter that provides that if 250 citizens with verified voter registration numbers petition the City for an initiative to change a city ordinance, the City Council must act on the citizen?s initiative.
The initiative citizens group said in a press release sent by Gary Swan that the group is ?agreeable to working with the City Council to reduce wasteful municipal spending and developing an equitable water and sanitary rate adjustment plan.?The KennedaleCity Council
will review the petition at the July 18, 2016 regular monthly meeting.The petition reads as follows:PETITION TO RECALL/OVERTURN ORDINANCE 589ORDINANCE NO. 589 was passed by the City Council on Jan. 18, 2016. (See full Ordinance wording on attachment below)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.The City Council has determined that it was in the best interests of the City of Kennedale to adopt a revised rate schedule in accordance with the provisions of Sections 23-52 and 23-79 of the Code of Ordinances of the City of Kennedale.This petition seeks to roll back the rate schedule approved Jan. 18, 2016 increasing water and sewer authorized by ordinance 589 and urge the Council to pursue other avenues of raising needed revenue.Additionally, it appears the ordinance is in violation of the required following publication clause required by section 52.013 of the Local Government Code:SECTION 8. PUBLICATION CLAUSEThe City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption and effective date clause of this ordinance two (2) days as authorized by section 52.013 of the Local Government Code.SECTION 9. EFFECTIVE DATEThis Ordinance shall be in full force and effect from and after its passage and publication.Your signature and identifying information on the attached document verifies your support of this initiative petition to overturn ordinance 589 and roll back the rates to those prior to Jan. 18, 2016.ATTACHMENTORDINANCE NO. 589AN 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; andWHEREAS, the City Council has adopted ordinances 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; andWHEREAS, the City Council has determined that it is in the best interests of the City of Kennedale to adopt a revised rate schedule in accordance with the provisions of Sections 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, THAT:SECTION 1. WATER RATES
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. 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: METE R SIZE BASE RATE RESIDENTIAL BASE RATE COMMERCIAL/ INDUSTRIAL BASE RATE SENIOR/DISABLED
MULTIPLE RESIDENTIAL UNITS ON SINGLE METER ?? $34.50 $34.50 $34.50 $34.50/Per Unit 1? $86.25 $86.25 $86.25 $34.50/Per Unit 1.5? $172.50 $172.50 $172.50 $34.50/Per Unit 2? $276.00 $276.00 $276.00 $34.50/Per Unit 3? $552.00 $552.00 $552.00 $34.50/Per Unit 4? $862.50 $862.50 $862.50 $34.50/Per Unit
*For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable meter size for water service.
2. Volume Charge:
VOLUME RESIDENTIAL RATE COMMERCIAL/ INDUSTRIAL RATE SENIOR/DISABLED RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons
*For commercial rate, 3RD and 4TH tier volume charge is the same.
Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units.
B. For service outside the city limits:
1. Base Rate: METER SIZE BASE RATE RESIDENTIAL BASE RATE COMMERCIAL/ INDUSTRIAL BASE RATE SENIOR/DISABLED MULTIPLE RESIDENTIAL UNITS ON SINGLE METER ?? $51.75 $51.75 $51.75 $51.75/Per Unit 1? $129.38 $129.38 $129.38 $51.75/Per Unit 1.5? $258.75 $258.75 $258.75 $51.75/Per Unit 2? $414.00 $414.00 $414.00 $51.75/Per Unit 3? $828.00 $828.00 $828.00 $51.75/Per Unit 4? $1,293.75 $1,293.75 $1,293.75 $51.75/Per Unit
Note: Senior/disabled credit does not apply for service outside the city limits.
2. Volume Charge VOLUME RESIDENTIAL RATE COMMERCIAL/ INDUSTRIAL RATE SENIOR/DISABLED RATE First 5,000 Gallons $2.00 Per 1000 Gallons $2.85 Per 1000 Gallons $2.00 Per 1000 Gallons 5,001-20,000 Gallons $5.35 Per 1000 Gallons $5.30 Per 1000 Gallons $5.35 Per 1000 Gallons 20,001-50,000 Gallons $6.37 Per 1000 Gallons $6.94 Per 1000 Gallons $6.37 Per 1000 Gallons Over 50,000 Gallons $8.06 Per 1000 Gallons $6.94 Per 1000 Gallons* $8.06 Per 1000 Gallons
*For commercial rate, 3RD and 4TH tier volume charge is the same.
Note: For multiple residential units on a single water meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units.
SECTION 2. SEWER RATES
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. The total monthly charge shall be based on a base rate plus a volume charge.
A. For service within the city limits:
RESIDENTIAL COMMERCIAL INDUSTRIAL SENIOR/DISABLED RATE Min. Base Rate $45.00 $60.72 $60.72 $45.00* Volume $2.90/1000 Gallons $6.72/1000 Gallons $4.50/1000 Gallons $2.90/1000 Gallons
*For senior/disabled rate, a credit of $7.50 per month/billing cycle will apply towards the applicable meter size for water service.
B. For service outside the city limits:
RESIDENTIAL COMMERCIAL/ INDUSTRIAL SENIOR/DISABLED RATE Minimum Base Rate $67.50 $60.72 N/A Volume $4.36 Per 1000 Gallons $10.08 Per 1000 Gallons N/A
Note: Senior/disabled credit does not apply for service outside the city limits.
SECTION 3. CREDIT
Qualifying senior citizens and disabled individuals are eligible to receive a credit on the residential water rates and sewer charges as set forth in this ordinance.
A. A qualifying senior citizen is defined as an individual 60 years of age and older, verified by a photo identification and/or birth certificate, 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 provide 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; 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 credit 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 credit 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 credit 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 January 18, 2016.
SECTION 6. CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, 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 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 CLAUSE
The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption and effective date clause of this ordinance two (2) days as authorized by section 52.013 of the Local Government Code.
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 _____ DAY OF ________________, 2016.
CITY OF KENNEDALE:
________________________ Mayor, Brian Johnson
ATTEST:
_________________________ City Secretary, Leslie Galloway
EFFECTIVE DATE:___________________
APPROVED AS TO FORM AND LEGALITY:
________________________ City Attorney, Wayne Olson
