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HomeMy WebLinkAbout2253 08-24-2020ORDINANCE NO. 2253 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 30, "FEES," SECTION 304, "ANIMALS," SECTION 30=28, "LIBRARY," SECTION 30=34, "WATER DEPOSITS," SECTION 30=35, "WATER AND WASTEWATER SERVICE -MONTHLY RATES," SECTION 30=37, "MONITORED GROUP CLASS," AND SECTION 30=38, "MISCELLANEOUS FEES," PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, PROVIDING A PENALTY FOR VIOLATIONS, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT. SECTION 1. Chapter 30, "Fees," Section 30-4, "Animals," be amended to hereafter be and read in its entirety as follows: Section 30-4 Animals (a) Impoundment of neutered or spayed animals: First impoundment: 30.00. Second impoundment: 45.00. Third impoundment: 55.00. Fourth impoundment: 105.00. (b) Feed and care, per day: $15.00. (c) Feed and care for estrays (livestock): Per day: $50.00. (d) The owners shall pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the city. (e) Newspaper advertisement: Actual cost. As determined from time to time, and if more than one animal is advertised in the same advertisement, the cost per head shall be divided equally among the animals sold or redeemed. (11 Adoption of animals: Dogs: $10a Plus actual cost of rabies vaccination and applicable spay or neuter fees. Cats: $5.00. Plus actual cost of rabies vaccination and applicable spay or neuter fees. Should a person wanting to adopt an animal desire to take the adopted animal to a veterinarian of their choice for rabies vaccination or spay and neutering, the name, address and phone number of the veterinarian shall be provided to the Animal Control Officer prior to adoption. Proof of rabies vaccination, spay and neutering must be returned to the city animal shelter i wthin 30 days. Failure to provide proof of surgical alteration can and will result in the issuance of a citation. (g) Registration fee for dogs and cats without city registration tag picked up by the city animal control: $10.00. (h) Dangerous dog registration: Dangerous dogs kept within city, per year: $50.00. Dangerous dogs sold to or moved to another address within the city, per move: $25.00. SECTION 2. Chapter 30, "Fees," Section 30-28, "Library," be amended to hereafter be and read in its entirety as follows: 3 ec.3048 Library (a) Library materials and facilities. The following fees are established for use or misuse of library materials and facilities: Duplicate library card $2.00. Items lost or damaged Replacement cost plus $5.00 per Ordinance No. 2253, Page 2 of 11 item reprocessing fee. Items not listed in replacement data bases: Children's book, CD, or DVD $15.00 Adult hard cover book $25.00 Trade paperback book $10.00 Mass market paperback $5.00 Missing bar code $1.00 Cost of sending overdue notice by certified mail Actual cost of postage Fax Receive, per page $0.25 Fax Send, per page $1.00 Copies (from copier, microfiche reader/printer, and personal computers), per copy $0.10 Collection agency charge for overdue and non -returned materials $8.95 Color copies .50 each (b) Library meeting room: 1) Base room cha e: Euless residents $60.00 per hour Non -Euless residents $120.00 per hour 2) Attendant fee per hour (if required): $20.00. 3) Payment policy: A signed contract and payment in full of the room charge is required to secure the room reservation. Refunds on room charges are made when the cancellation is received in writing two weeks prior to the event. If the reservation is cancelled less than two weeks prior to the event refunds will be considered on an individual basis. 4) Damage deposits: This deposit will serve as security for any additional cleanup of the facility and will be applied toward any damage to the facility. The deposit is to be paid by separate check with signed contract. The damage deposit will be refunded to the patron within ten business days after the date of the reservation and after a thorough inspection of the meeting facility. The damage deposit will be refunded if the reservation is cancelled two weeks prior to the event. If the reservation is cancelled less than two weeks prior to the event the damage deposit refund will be considered on an individual basis. Ordinance No. 2253, Page 3 of 11 No food or drinks served $50.00 Food or drinks served $200.00 5) Security officer. Actual cost. All events will be reviewed to determine if the city will require security officer(s) be present. This fee is in addition to attendant fee. 6) Catering: An approved caterers' list will be available to those wishing to have an event catered. Approval of a caterer involves providing a certificate of insurance with the city named as an additional insured on said certificate, a copy of certificate of health, and a signed catering agreement with the city is due two weeks prior of planned event. SECTION 3. Chapter 30, "Fees," Section 30-34, "Water deposits," be amended to hereafter be and read in its entirety as follows: Sec. 30-34 Water deposits (a) Water deposit If the deposit is paid or the request for transfer of service is received before noon, service can be connected that same day. If the deposit is paid or transfer of service received after noon, service can be connected the following working day. No specific times can be designated other than four-hour increments (8:00 a.m. to 12:00 noon, 1:00 p.m.-5:00 p.m.). If the customer requires service be turned on immediately, a same day service fee will be charged. In addition to the water deposit, a service initiation fee will be charged to establish a new account. Residential units $75.00 Commercial sprinkler $450000 Shell buildings $200000 Motels, per unit $60.00 Apartments, per unit $60.00 Office buildings, per suite $60.00 Fire hydrant meter deposit $2,000.00 Deposits for commercial customers shall not be less than $75.00 and shall be calculated to equal the multiple of $5.00 nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer and garbage monthly billing. Ordinance No. 2253, Page 4 of 11 (b) Surety deposit: If the amount of the surety deposit exceeds $5,000.00, the requirement for the security deposit may be met by providing a surety bond, which shall be in the amount of the deposit otherwise required. Such surety bonds shall be subject to the approval of the city attorney and shall be supported by powers of attorney as he may direct. In addition to any requirements of the city attorney, such surety company shall be licensed to do business in the State of Texas and shall be "T-listed." (rl Miscellaneous chases: Water source transfer fee $275.00 (each occurrence) Meter relocation $200000 Cost of materials and labor plus 15 Meter box and/or lid percent. After hours service call $50.00 Same day service fee $25.00 48-hour water service $25.00 Cost of materials and labor plus 15 Repair of curb stop 5/8" or 3/4" meter size percent. Cost of materials and labor plus 15 Repair of curb stop other size meters percent. Fire hydrant meter $11250000 $150.00 (additionally, criminal charges Tampering with meters may be filed in accordance with Texas Penal Code statutes) Service initiation fee $15.00 Transfer fee $15.00 $10.00 All customers are allowed one recheck Recheck of meter read every six months at no charge; a charge will be assessed for all others unless the meter has been misread. Emergency cut-off by city personnel No charge (broken pipes or freeze damaged pipes) No charge. The curbstop at the meter belongs to the city; all customers should Cut-off for plumbing repairs have a working cutoff close to their house. Ordinance No. 2253, Page 5 of 11 Negligent damage to meter or any Cost of materials and labor plus 15 associated electronic device percent. d) Delinquent accounts: 1) If any month's charges are delinquent after 15 days, the water service of the user or customer will be subject to termination. 2) Delinquent commercial and multifamily utility accounts subject to delinquent turn off will be billed an additional security deposit not to exceed 30 percent of the average monthly billing or as deemed appropriate by the utility billing manager upon review of the utility account. Failure to return fire hydrant meter for reading $500.00 Home collection $20.00 Service charge to deliver delinquent tag $25.00 el Reconnection of service after delinauent turnoff. Additional deposit $20.00 Service charge $25.00 Administrative fee associated with placing liens against non -homestead property for unpaid utility bills $50.00 SECTION 4. Chapter 30, "Fees," Section 30-35, "Water and wastewater service monthly rates," be amended to hereafter be and read in its entirety as follows: Sec. 30-35 Water and wastewater service -monthly rates The schedule of monthly rates and charges for water and wastewater services furnished or caused to be furnished by the city is as follows: Water service -Meter charge. The monthly minimum charge shall be based on meter size as follows: Meter Size (Inches) Monthly Charge 5/8-3/4* $12.75 1 $14.90 1 A /2 $20.88 2 $34.59 3 $70.36 Ordinance No. 2253, Page 6 of 91 4 $124.04 5 $195.60 6 $279.09 *All residential living units and multi -family living units shall be billed a monthly base charge equivalent to the monthly charge for a 5/84ch meter. Water service -Volume charge qer 1,000 gallons. The monthly volume charge for water service is as follows: 1) Residential: 2) 0-2,000 gallons $4.21 per 1,uuu/gallons 3,000-8,000 gallons $5.14 per 1,000/gallons 9,000-15,000 gallons $5.71 per 1,000/gallons 16,000-35,000 gallons $6.24 per 1,000/gallons Over 35,000 gallons $6.84 per 1,000/gallons Total consumption 3) Fire h Brant and as well meters: Total consumption $5.47 per 1,000/gallons $10.73 per 1,000/gallons Irrigation service -Volume charge per 1,000 gallons. The monthly volume charge for water service is as follows: 1) Residential commercial industrial and multifamil 2) Supplem $5.47 per 1,000/gallons 0-8,000 gallons 9,000-15,000 gallons $5.71 per 1,000/gallons 16,000-35,000 gallons $6.24 per 1,000/gallons Over 35,000 gallons $6.84 per 1,000/gallons Total consumption �$10.73 per 1,000/gallons Reclaimed water service -Volume charge per 1,000 gallons. The monthly volume charge for water service is as follows: 1) Non -boosted: Ordinance No. 2253, Page 7 of 11 2) Boosted: 3) Total consumption $1.97 per 1,000/gallons 0-8,000 gallons $4.65 per 1,000/gallons 9,000-15,000 gallons $4.85 per 1,000/gallons 16,00045,000 gallons $5.30 per 1,000/gallons Over 35,000 gallons $5.81 per 1,000/gallons Total consumption �$9.12 per 1,000/gallons Water service —Other: Water service for municipally owned property and buildings that are part of or connected to form a parcel of at least a minimum of 50 acres shall be $1. 97 per 1,000 gallons. Wastewater service —Residential. The wastewater service charge for residential customers shall be based on 90 percent of metered water. Wastewater service charges on 90 percent metered water shall not exceed 12,000 gallons per billing period per living unit. The monthly minimum per living unit shall be as follows: 1) Within corporate limits, $11.00, plus $4.34 per 1,000 gallons of 90 percent of metered water. 2) Outside corporate limits, $15.50, plus $4.34 per 1,000 gallons of 90 percent of metered water. Wastewater service -Commercial and industrial. Commercial and Industrial wastewater charges shall be based on 100 percent of metered water. The monthly minimum shall be as follows: 1) Within corporate limits, $11.00, plus $4.34 per 1,000 gallons of metered water. 2) Outside corporate limits, $15.50, plus $4.34 per 1,000 gallons of metered water. The following provisions apply to all commercial and industrial customers: 1) Customers who show proof that a significant portion of metered water does not enter the wastewater system shall not be billed for that portion that does not enter the wastewater system. 2) Monitored group class customers shall be billed according to section 86-51 of this Code. Ordinance No. 2253, Page 8 of 11 3) Industrial cost recovery group customers shall be billed according to section 86-51 of this code plus the additional charges in section 86-52 as required. Wastewater service — Other: Wastewater service for all club houses, convention facilities, and restaurants on municipally owned property of a minimum of 50 acres shall be billed at the current city rate of $11.00 plus $4. 34 per 1,000 gallons of metered water. The above rates are based upon total costs to the city to operate the system including, but not limited to, cost to purchase treated water from the Trinity River Authority of Texas, cost of wastewater treatment by the Trinity River Authority of Texas, and cost of distribution of water and collection of wastewater by the city. The minimum charge and/or volume charge may be adjusted by the city council from time to time. Master deposit. Customers may place a master deposit with the City in the amount of twice the current residential deposit. This deposit will be held on file until the customer requests it be refunded. Customers must request service starts and disconnects in writing. All accounts will be charged the current service initiation fees. No master deposits are allowed on commercial accounts. SECTION 5. Chapter 30, "Fees," Section 30-37, "Monitored Group Class," be amended to hereafter be and read in its entirety as follows: Sec.30-37 Monitored rou class Customer monthly service charge $11.00 Volume charge per 1,000 gallons BOD $4.34 Strength charge, per pound of BOD $0008764 TSS per pound of suspended solids $0012264 Monitoring charge 100% of cost to city SECTION 6. Sec. 30-38 Miscellaneous fees The schedule of miscellaneous fees is as follows: Processin fee on credit and char a card trans Department: Percent of Transaction: Utility Billing 1.75% Municipal Court 1 % Planning & 2% Development Ordinance No. 2253, Page 0 of 44 actions: Ordinance No. 2253, Page 0 of 44 actions: Delinquent court debt or account referred for collection: Additional 30 percent fee. Returned check: $35.00. Municipal court of record technology fee, per incident: $4.00. Municipal diversion court of record local truancy fund: prevention and $5.00a Municipal court of record building security fee: $4.90. Fees related to documents and publicly available information will be charged according to state law. SECTION 7. $EVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 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 8. SAVINGS CLAUSE. That applicable chapters of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 9. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be publishednewspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the Euless City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 10. PENALTY FOR VIOLATION. It shall be a violation of this ordinance to conduct any activity or commence any use for which payment of a fee is required under Chapter 30 of the Code of Ordinances until such fee has been paid. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinance No. 2253, Page 10 of 11 Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 11. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage with billing cycles beginning on or after October 1, 2020, and as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 24, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: 2L1 Pied cmda Martin, May _ Y ��,111t ll;l�III,. 1ATTEST2 i "'Al Sutter; RMC CMC, City Secretary '/ ,,r,rltltl t,l" APPROVED AS TO FORM: ("VCCOJ— Wayne K. Olson, City Attorney Ordinance No. 2253, Page 11 of 11 Star-Telegram MEDIA Arlington Citizen-Journal 1 The Keller Citizen 1 La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600565 0004738240 ( ORDINANCE NO. 2253 AN ORDINANCE AME $47.48 1 59.00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared VICTORIA ORDINANCE NO. 2253 AN ORDINANCE AMENDING RODELA, Bid and Legal Coordinator THE CODE OF ORDINANCES OF for the Star-Telegram,published by THE CITY OF EULESS, CHAP- TER 30,"FEES,"SECTION 30-4, the Star-Telegram, Inc. at Fort Worth, "ANIMALS SECTION 30-28, "LIBRARY!' SECTION 30-34, in Tarrant County,Texas;and who, "WATER DEPOSITS,"SECTION ORDINANCE NO. 2253 30-35, "WATER AND WASTE- AN ORDINANCE AMENDING after being duly sworn,did depose WATER SERVICE-MONTHLY THE CODE OF ORDINANCES OF RATES," SECTION 30-37, "MO- THE CITY OF EULESS, CHAP- and say that the attached clipping of NITORED GROUP CLASS,"AND TER 30,"FEES,"SECTION 30-4, SECTION 30-38, "MISCELLANE- "ANIMALS," SECTION 30-28, an advertisement was published in OUS FEES," PROVIDING A "LIBRARY," SECTION 30-34, the above named paper on the listed SEVERABILITY CLAUSE; PRO- "WATER DEPOSITS," SECTION VIDING A SAVINGS CLAUSE; 30-35, "WATER AND WASTE- dates: PROVIDING FOR PUBLICATION WATER SERVICE-MONTHLY IN THE OFFICIAL NEWSPAPER; RATES," SECTION 30-37, "MO- PROVIDING A PENALTY FOR VI- NITORED GROUP CLASS," AND OLATIONS; AND PROVIDING SECTION 30-38, "MISCELLANE- AN EFFECTIVE DATE. OUS FEES," PROVIDING A SECTION 9. SEVERABILITY CLAUSE; PRO- PENALTY FOR VIOLATION Any VIDING A SAVINGS CLAUSE; 2 Insertion(s) person,firm or corporation vio- PROVIDING FOR PUBLICATION lating any of the terms and pro- IN THE OFFICIAL NEWSPAPER; visions of this ordinance shall PROVIDING A PENALTY FOR VI- Published On: be deemed guilty of a misde- OLATIONS; AND PROVIDING meanor, and upon conviction AN EFFECTIVE DATE. August 26,2020,August 27,2020 thereof shall be fined in accord- SECTION 9. ance with Chapter 1, "General PENALTY FOR VIOLATION Any Provisions,"Section 1-12,"Gen- person,firm,or corporation vio- eral Penalty' Euless Code of lating any of the terms and pro shall be deemed a separate of- Ordinances.each such violation visions of this ordinance shall fense and shall be punishable as be deemed guilty of a misde- such hereunder. meanor, and upon conviction arr BEARD SECTION 10. thereof shall be fined in accord- ,.... 1i. PUBLICATION CLAUSE.The cap- ance with Chapter 1, "General Q• •: I Id#13 7 tion, penalty clause, and effec- Provisions,"Section 1-12,"Gen- tive `� :.: �y Zt . 1. ceashalle lbe puse ublished is inda Ordinances.i- eral Eachusuch violation ...;. /\ ." E> °tter 23, „ newspaper of general circulation shall be deemed a separate of- ''.....2!t•4 in the City of Euless,in compli- Tense and shall be punishable as ance with the provisions of Arti- such hereunder. cle II, Section 12 of the Euless SECTION 10. City Charter. PUBLICATION CLAUSE.The cap- ,� SECTION 11. tion, penalty clause, and effec- EFFECTIVE DATE. This ordi- tive date clause of this ordi- nance shall be in full force and nance shall be published in a (Principal Clerk) effect from and after its pas- newspaper of general circulation sage,as provided by the Euless in the City of Euless, in compli- City Charter and the laws of the ance with the provisions of Arti- SUBSCRIBED AND SWORN TO State of Texas. cle II, Section 12 of the Euless PRESENTED AND PASSED ON City Charter, BEFORE ME,THIS 27th day of FIRST AND FINAL READING at SECTION 11. Augustthe year of 2020 a regular meeting of the Euless EFFECTIVE DATE. This ordi- by g in City Council on August 24,2020, a vote of 7 ayes,0 nays,and until 12:00 P.M. Please contact 0 abstentions. Daniel Northern,Fleet Services, via email dnorthern@haltomcity tx.com prior to that date to ac- knowledge your interest in in- specting the vehicles. All pro- posals must be made in accord- ance with the City's Terms and Conditions and Standard Insur- ance Requirements. ry Pu is- ' I Extra charge for lost or duplicate affidavits. Legal document please do not destroy!