HomeMy WebLinkAbout1045 04-09-1991ORDINANCE NO. 1045
AN ORDINANCE ADOPTING CERTAIN RULES FOR THE
OPERATION AND ADMINISTRATION OF THE EULESS
MUNICIPAL DRAINAGE UTILITY SYSTEM; IMPOSING
CERTAIN PENALTIES AND INTEREST CHARGES ON
DELINQUENT DRAINAGE UTILITY SYSTEM PAYMENTS TO
THE CITY OF EULESS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ADOPTION OF FURTHER RULES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, has heretofore
adopted Ordinance No. 1036, adopting the Municipal Drainage Utility Systems Act,
same being Sections 402.041, et seq., of the Texas Local Government Code, and has
by Ordinance No. 1040 adopted 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 the aforesaid sections of the Texas
Local Government Code; and
WHEREAS, the City Council of the City of Euless, Texas, finds that certain
rules are necessary in administration of the Euless Municipal Drainage Utility
System; and
WHEREAS, the City Council of the City of Euless, Texas, hereby finds that the
efficient administration of the Euless Municipal Drainage Utility System will be
furthered by imposing certain penalties and interest charges upon delinquent
payments to the City of drainage charges for said Municipal Drainage Utility System.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Penalty; Interest.
a. Municipal Drainage Utility charges shall be due and payable on or before
the 10th day after the date of each billing; in the event such charges are
not paid within ten (10) days from the date of a billing, a penalty shall be
added in the amount of ten (10 %) per cent of the past due amount.
Receipt of a check that is dishonored shall be deemed nonpayment, and
there shall be an additional bad check service charge.
b. In the event Municipal Drainage Utility charges remain unpaid on the 30th
day after the date of the bill, interest shall accrue on the past due amount
(excluding penalty) at the rate of nine (9 %) per cent per annum, beginning
on the 30th day after the date of said billing and continuing for each
succeeding month or fraction thereof until said Municipal Drainage Utility
charges are paid in full.
ORDINANCE NO. 1045 Page 1
U.
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 of this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
III.
The Euless City Council may, by subsequent ordinance, enact such further rules
for the operation and administration of the Euless Municipal Drainage Utility System
as the Council deems necessary or useful for the efficient operation of said Utility
System.
Ali
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 26th day of March , 1991; by a vote of 4 ayes, 0 nays,
and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular
meeting of the Euless City Council on the 9th day of April 1991; by a vote
of 4 ayes, 0 nays, and 0 abstentions.
APPROVED:
Harold Samuels, Mayor
ATTEST: ,
Sus Crim, City Secretary
APPROVED AS TO FORM:
P
Bob McFarlan , City Attorn y
0216a/dd/031891
ORDINANCE NO. 1045 Page 2