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Home My WebLink About2286 08-10-2021 ORDINANCE NO. 2286 AN ORDINANCE AMENDING CHAPTER 30 "FEES," SECTION 30-41 "DRAINAGE CHARGES," OF THE CODE OF ORDINANCES, CITY OF EULESS TO REVISE THE SCHEDULE OF DRAINAGE CHARGES APPLICABLE TO PROPERTIES WITHIN THE CITY OF EULESS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless 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 Council of the City of Euless, Texas, in order to protect the public health and safety from loss of life and property caused by surface water overflows and surface water stagnation, has heretofore, pursuant to legislative authority, established a Municipal Drainage Utility System within the municipal boundaries of the City of Euless, Texas, and, also pursuant to legislative authority, established fees, together with the assessment, levying, and collection thereof, to finance and fund such Municipal Drainage Utility System; and WHEREAS, the City Council finds it necessary to adjust the rates for drainage charges levied against real property; and WHEREAS, the City Council finds that the basis for the drainage charges set forth herein is directly related to drainage; and WHEREAS, the City Council finds that the classification of benefited properties set forth herein is nondiscriminatory, equitable, and reasonable; and WHEREAS, the City Council finds that the schedule of charges set forth herein below, and the rates upon which such schedule of charges was calculated, are equitable for similar services in all areas of the City of Euless, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The schedule of charges for drainage services furnished or caused to be furnished by the City as set out in Chapter 30 "Fees," Section 30-41 "Drainage Charges" of the Code of Ordinances, City of Euless, Texas is hereby amended to read as follows: Section 30-41 Drainage charges The following schedule of drainage charges is hereby levied against all real property lying within the city subject to drainage charges under V.T.C.A., Local Government Code Chapter 552, Subchapter C. 1. Basic Drainage Charge. The monthly drainage rate is hereby established at $22.72 per impervious acre of land. This rate may be modified by the City Council from time to time by a modification of such basic drainage charge. Impervious land area shall be calculated by multiplying the acreage of the parcel by the runoff coefficient for the particular land use as specified in subsection (3) of this section. 2. Single-Family Residential. The monthly municipal drainage utility charge for each single-family residential parcel is hereby levied at $3.00. 3. Other. All other lots, tracts and parcels of land within the City of Euless shall be charged on the basis of the acreage contained in such lot, tract or parcel of land, and the use made of such property in accordance with the following schedule of drainage charges, which are hereby levied against all such remaining lots, tracts and parcels of land within the City. Monthly Runoff Charge Land Use Coefficient Rate per Acre Vacant Land N/A N/A $ - Park Land and Open Space 0.35 $ 22.72 $ 7.95 Church/Governmental 0.80 $ 22.72 $ 18.18 School 0.65 $ 22.72 $ 14.77 Hospital 0.80 $ 22.72 $ 18.18 Multifamily 0.80 $ 22.72 $ 18.18 Business/Industrial 0.95 $ 22.72 $ 21.58 SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. 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 Ordinance No. 2286, Page 2 of 3 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 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and the rates adopted herein shall be effective with billing dates beginning on or after November 1, 2021. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 10, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: gym. f `..,1 --t 1naa martin, Mayor c � ATTEST: - im-Sutter, RMC, CMC, City Secretary - APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2286, Page 3 of 3 7/2/2021 Adportal Self Service Advertising Confirmation THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a confirmation of your legal placement.You will also receive an email confirmation. ORDER DETAILS PREVIEW FOR AD NUMBER IPL00312680 Order Number: ORDINANCE NO.2286 AN ORDINANCE AMENDING CHAPTER 30'FEES.'SECTION 30-41'DRAINAGE CHARGES,'OF THE CODE OF ORDI- IPL0031268 NANCES,CITY OF EI JLESS TO REVISE THE SCHEDULE OF DRAINAGE CHARGES APPLICABLE TO PROREFFOES WITHIN THE CITY OF EULESS:REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES iN CONFLICT HEREWITH:PRCR+iD- LNG THAT THIS ORDINANCE SHALL DE CUMULATIVE OF ALL ORDINANCES.PROVIDING A SEVERABLIIY CLAUSE:ANC: Order Status'' PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Euless is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section Sol the Texas Constitution and Chapter 9 of the Local Government Code:and Submitted WHEREAS,the City Council of the City of Euless Texas,in order to protect the public health and safety from loss of Etc and property caused by surface water overflows and surface water stagnation,has heretofore,pursuant to legislative authority. established a Muncipal Drainage Utility System within the municipal teruncGries of the City of Euless,Teas.and,also Classification: pursuant to legislative authority.established fees,together with the assessarrerd,V_veying,and collection thereof,to Finance and fund such Municipal Drainage Utility System,and WHEREAS,the City Council funs It necessary to adiust the rates for drainage charges levied against reel property'and Legals&Public Notices WHEREAS,the ON Council finds that the basis for the drainage charges set form herein isdrootty related to drainage:and WHEREAS.the City Council fends that the classification of benefited properties set forth herein is nondiscriminatory,eq- uitable,and reasonable.and Package: WHEREAS,the ON Council fasts that the schedule of charges set form herein below,and the rates surer which such schedule of charges Was calculated,are FTW-Legal Ads ecaneibie for smiler services h all areas of the City of Euless,Texas. NOW,THEREFORE,DE T ORDAINED BY THE CITY COAJ CL OF THE CITY OF EULESS TEXAS.THAT' SECTION 1. Final Cost The schedule of charges for drainage services furnished or caused to be lumrshed by the City as set out in Chapter 30 'Fees.'Section 30-41"Drainage Charges"of the Code of Ordinances,City of Euless.Texas is hereby amended to read as follows: 95.00 Sectors 30-41 Drainage charges The following schedule of drainage charges is hereby leviod against at real property lying within the city subtext to drain- age charges under VTC.A.,Local Government Cafe Chapter 552,Subdrapter C. Payment Type: 1.Basic Drainage Charge,The monthly drainage rate is hereby established at$22.72 per impervious acre of Ores"This .77 rate may be nhodlhoni a by the City Council from lane to tone by a modification of such basic drainage charge Impervious Account Billed land area shall be kv muf lated by erriyiog the acreage of the parcel by the runoff coefficient for the particular land use as specified or subsection i31 of this section. 2 Single-Family Residential.Tim monthly municipal drainage utility charge for each singl-fainiN residential parcel is hereby levied at S300. UserID' 3 Omer.All other lots,tracts and parcels of land within the City of Euh!ss shalt be charged of the bass of the acreage contained in such lot tract or parcel of land,and the use motley(such property in accordance with the following schedule of drainage charges which are hereby bored against ell such remaining lots tracts and parcels of land within the City IPL0018270 LaroUse Runoff Coefficient Rate Monthly Charge per Acre Vacant Land WA WA S- Park Land and 0.35 $22.7 2 $7.95 Open Space Church/Governmental 0.80 $22.72 $18.18 ..... School 0.65 $2272 $1477 Hospital 0.80 522.72 S18.18 ACCOUNT INFORMATION oI ttne Nxls trhi 095 $2z 2 $ z8se SECTION 2. CUMULATIVE CLAUSE.This Ordinance shall be cumulative of all previsions of the City Code and other ordinances of the City of Euless,Texas.except where the provisions of this ordinance are In direct conflict with the provisions of other ordi- CITY OF EULESS IP Fllc nances.in which event the coning provisons of the Otherordhances are hereby repealed. SECTION 3. SEVERABLITY CLAUSE.His hereby declared to bet he intention of the ON Council that the sections,paragraphs,csentenc- es,N E CTO R DR es,clauses and phrases of the ordinance are severable,and if any phrase,clause,sentence,paragraph,p section of this ordinance shall tie declared ewalin or unconstitutional by the valkl judfpnere or decree of any court of competent r risdrC- tan,such invalidity or unconslitutgnality shall not affect any of the remaining phrases,clauses,sentences,paragraphs, EULESS,TX 76039-3543 and sections of this ordinance.since the ounce would have been enacted by the City Council without the incorporation m this ordinance of any such invalid or unconstitutional phrase,clause sentence.paragraph,or section. SECTION 4. 817-685-1400 EFFECTIVE DATE.This ordinance shall be in full Toms and effect from and after its passage and the rates adopted herein shall be effective with cycles beginning oho after October 1,2021. PRESENTED AND PASSED ON FIRSTRSTAND FINAL READING at a regular finance@euleSStX.gOV meeting of the Euless City Council on August 10,2021,bya vote of_____ayes nays,and abstentions. APFOh3VED: CITY OF EULESS Linda Martin.Mayor— ATTEST: Mn Sutter.TRMC.CMC,City Secretary APPROVED AS TO FORM'Wayne Olson,City Attorney TRANSACTION REPORTi° Dates Date << Click here to print a printer friendly version>> July 2, 2021 5:48:37 PM EDT Amount: 95.00 SCHEDULE FOR AD NUMBER IPL00312680 July 7,2021 Fort Worth Star-Telegram July 14, 2021 Fort Worth Star-Telegram July 21,2021 Fort Worth Star-Telegram https://placelegal.mcclatchy.com/Iegals/fortworth/home/confirmation.html?id=22244&retumto= 1/1