HomeMy WebLinkAbout1036 10-23-1990ORDINANCE NO. 1036
AN ORDINANCE ADOPTING THE MUNICIPAL DRAINAGE
UTILITY SYSTEMS ACT, SAME BEING SECTIONS 402.041, ET
SEQ., AND COMPRISING SUCHAPTER C OF CHAPTER 402 OF
THE LOCAL GOVERNMENT CODE, V.T.C.A. AND
ESTABLISHING THE EULESS MUNICIPAL DRAINAGE UTILITY
SYSTEM IN THE CITY OF EULESS, TEXAS; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, to protect the public
health and safety from loss of life and property caused by surface water overflows
and surface water stagnation desires, pursuant to legislative authority, to establish a
municipal drainage utility system within the municipal boundaries of the City of
Euless, Texas, and to provide rules for the use and operation of such system and
prescribe and establish fees, together with the assessment, levy and collection
thereof, to finance and fund such municipal drainage utility system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
The City Council of the City of Euless, Texas, finds it to be in the public
interest to protect the public health and safety from loss of life and property caused
by surface water overflows and surface water stagnation within the boundaries of
the City of Euless and further finds that to protect such public interests:
(1) The City of Euless will establish a schedule of drainage charges against all
real property in the city subject to charges under Sections 402.041, et seq,
of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A.;
(2) The City of Euless will provide drainage for all real property within the
_city on payment of drainage charges, except such real property which may
be exempted therefrom as authorized by law; and
(3) The City of Euless will offer such drainage service on non — discriminatory,
reasonable and equitable terms.
II.
The Euless Muncipal Drainage Utility System is herewith and hereby establised
and declared to be a public utility. The City of Euless shall have full authority to
operate such Municipal Drainage Utility System pursuant to the authority given and
contained under Article XI, Section 5, of the Texas Constitution, the Euless City
Charter, and Sections 402.041, et seq., of Subchapter C of Chapter 402 of the Local
Government Code, V.T.C.A.
Sections 402.041, et seq., of Subchapter C of Chapter 402 of the Local
Government Code, V.T.C.A., as now existing or as hereafter amended are herewith
adopted.
III.
The Euless City Council will, by ordinance, adopt rules for the operation and
conduct of the Euless Municipal Drainage Utility System, consistent with its
authority and state law.
IV.
Prior to the levy of any drainage charges for the financing and funding of the
Euless Municipal Drainage Utility System, the Euless City Council shall hold a public
hearing on such charges pursuant to state law.
V.
Severability 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.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 9th day of October 1990; by a vote of 5 ayes, 0 nays,
and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the 23rd day of October 1990; by a vote
of 5 ayes, 0 nays, and 5 abstentions.
APPROVED:
Harold Samuels, Mayor
MUNICIPAL DRAINAGE UTILITY SYSTEM ORDINANCE Page 2
ATTEST:
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Susan Cri City Secretary
AS FORM:
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Bob McNarland, City Attorney
MRM:0183a: msl:082790
MUNICIPAL DRAINAGE UTILITY SYSTEM ORDINANCE Page 3