HomeMy WebLinkAbout1063 10-22-1991 ORDINANCE NO. 1063
AN ORDINANCE AMENDING ORDINANCE 1040, LEVYING A SCHEDULE OF
DRAINAGE CHARGESFOR THE EULESS MUNICIPAL DRAINAGE UTILITY
SYSTEM AGAINST ALL REAL PROPERTY WITHIN THE CITY OF EULESS,
TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTIONS 401.041, 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 establish fees, together with the assessment, levy and
collection thereof, to finance and Hand 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 use 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, in accordance with new provisions of Subchapter C of Chapter 402
of the Texas Local Government Code, "vacant land" is no longer charged a
drainage rate.
NOW, THEREFORE, BE IT ORDAIN0ED BY THE CITY COUNCII, OF THE CITY OF R=,
TEXAS:
2.
The following schedule of drainage charges is hereby levied against all
real property lying within the City of Euless, Texas, subject to drainage
changes under Subchapter C of Chapter 402 of the Texas Local Government Code:
A. Basic Drainage Charge. The monthly drainage rate is hereby
established at $13.64 per impervious acre of land. This
rate may be modified by the City Council from time to time
by a modification of said 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 below.
B. Single Family Residential. The same monthly drainage charge
is hereby established for each single family residential lot
of less than five (5) acres. This monthly charge shall
equal the existing average single family lot area (0.22
acres) multiplied by both the runoff coefficient for single
family (i.e. 50%) and the rate established above ($13.64) .
The monthly municipal drainage utility change for each
single family residential lot of less than five (5) acres
is hereby levied at . . . . . . . . . . . . . . . . .$1.50
C. 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 changes which are hereby
levied against all such remaining lots, tracts and parcels
of land within the City of Euless, Texas:
Runoff Monthly
Land Use Rate Coefficient Charge/Acre
Vacant Land Area $ 0.00 N/A $ 0.00
Park Area 13.64 35% 4.77
Church/School 13.64 50% 6.82
City/Gaverlmient 13.64 50% 6.82
Hospital 13.64 50% 6.82
Residential (lots 13.64 50% 6.82
5 acres or more)
Multi-Family Area 13.64 65% 8.86
Business Area 13.64 95% 12.95
Industrial Area 13.64 95% 12.95
Miscellaneous 13.64 95% 12.95
Right-of-Way 0 N/A 0.00
CFdMV NGE NO. 1063
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II.
The City Council of the City of Euless, Texas, may change, adjust, and
readjust the rates and changes established herein for drainage services from
time to time by ordinance.
III.
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.
PLUM= AND GIVEN F W READING at a regular meeting of the Euless City
Council on the 8th day of October, 1991; by a vote of 5 ayes, 0 nays, and 0
abstentions; GIVEN SEOMM READING AND APPROVED at a regular meeting of the
Euless City Council on the 22nd day of October 1991; by a vote of
5 ayes, O nays, and 0 abstentions.
AP/P/170{7///D:
Harrold D. Samuels, Mayor
ATTEST:
Susan Crim, OC, City Secretary
APPFDVED AS TO EClW:
Bob McFarland, Citf A
CFUJ2 NCE NO. 1063
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