HomeMy WebLinkAbout1040 12-11-1990ORDINANCE NO. 1040
AN ORDINANCE LEVYING A SCHEDULE OF DRAINAGE
CHARGES FOR THE EULESS MUNICIPAL DRAINAGE
UTILITY SYSTEM AGAINST ALL REAL PROPERTY WITHIN
THE CITY OF EULESS, TEXAS, SUBJECT TO SUCH
CHARGES UNDER SECTIONS 402.041, ET SEQ.,
SUBCHAPTER C OF CHAPTER 402 OF THE TEXAS LOCAL
GOVERNMENT CODE; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING 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, has heretofore, pursuant to legislative authority,
established a Municipal Drainage Utility System within the municipal boundaries of
the City of Euless, Texas, and desires, also pursuant to legislative authority, 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; and
WHEREAS, the City Council of the City of Euless, Texas, finds that the basis
for the drainage charges set forth herein is directly related to drainage; and
WHEREAS, the City Council of the City of Euless, Texas, finds that the
classification of benefited properties set forth herein is nondiscriminatory, equitable
and reasonable; and
WHEREAS, the City Council of the City of Euless, Texas, in setting the
schedule of charges for drainage services set forth hereinbelow, has based its
calculations upon an inventory of the lots and tracts within the municipal boundaries
of the City of Euless, Texas; and
WHEREAS, in setting such schedule of charges for drainage service, the City
Council of the City of Euless, Texas, has considered the uses made of the benefited
properties, using official zoning maps of the City of Euless, Texas, for that purpose,
and has also considered the size and topography of the parcels of benefited property
in assessing the drainage charges set forth hereinbelow; and
WHEREAS, the City Council of the City of Euless, Texas, finds that the
schedule of charges set forth hereinbelow, 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; and
WHEREAS, the City Council of the City of Euless, Texas, has held a public
hearing on the charges levied and imposed herein, after publishing notice of such
public hearing, all in the manner prescribed by Subchapter C of Chapter 402 of the
Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
ORDINANCE NO. 1040 Page 1
I.
The following schedule of drainage charges is hereby levied against all real
property lying within the City of Euless, Texas, subject to drainage charges under
Subchapter C of Chapter 402 of the Texas Local Government Code:
A. Basic Drainage Charge. The rates set forth herein are
calculated on the basis of a drainage charge of $13.64 per
impervious acre of land. Runoff coefficients and
corresponding rates per acre for various land uses have been
established as set forth below, and may be modified by the
City Council from time to time by a modification of said Basic
Drainage Charge.
B. Single- Family Residential. The City Council finds that the
average single - family residential lot within the City of Euless,
Texas, is .22 acres. As applied to the rate of $6.82 per acre
for residential use (runoff coefficient 50 %), the municipal
drainage utility charge for each single - family residential lot of
less than five (5) acres is hereby levied at - - - - - - - - $1.50
B. All other lots, tracts and parcels of land within the City of
Euless, Texas, shall be charged on the basis of the acreage
contained in said 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 of
Euless, Texas:
Runoff Land Use
Vacant Land Area
Park Area
Church/School
City /Government
Hospital
Residential
(lots 5 acres or more)
Multi- Family Area
Business Area
Industrial Area
Miscellaneous
Right -of -Way
35%
$ 4.77
35%
$ 4.77
50%
$ 6.82
50%
$ 6.82
50%
$ 6.82
50%
$ 6.82
65%
$ 8.86
95%
$12.95
95%
$12.95
95%
$12.95
0%
$ 0.00
II.
The City Council of the City of Euless, Texas, may change, adjust, and readjust
the rates and charges established herein for drainage services from time to time by
ordinance.
ORDINANCE NO. 1040
Page 2
III.
The City Council of the City of Euless, Texas, shall, by subsequent ordinance,
adopt rules for the operation and conduct of the Euless Municipal Drainage Utility
System, including exemptions, if any, from the drainage charges levied therein,
consistent with its authority and State law.
IV.
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; provided, however, that the Municipal Drainage Utility System
charges levied hereby shall take effect on January 1, 1991.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 27th day of November 1990; by a vote of --4- ayes, o nays,
and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the .11.thday of np PmbPr 1990; by a vote
of 4 ayes, 0 nays, and 0 abstentions.
ATTEST:
ty Secretary
APRROYND AS
Bob McFarland, City Attorney
0196a/dd/102290
ORDINANCE NO. 1040
APPROVED:
NMayor
Page 3