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HomeMy WebLinkAbout2438 09-09-2025 ORDINANCE NO. 2438 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 $40.00 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 $4.25. 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 $ 40.00 $ 14.00 Church/Governmental 0.80 $ 40.00 $ 32.00 School 0.65 $ 40.00 $ 26.00 Hospital 0.80 $ 40.00 $ 32.00 Multifamily 0.80 $ 40.00 $ 32.00 Business/Industrial 0.95 $ 40.00 $ 38.00 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. 2438, 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, 2025. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 9, 2025, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Linda artin, Mayor AT7 EST:4ii) utte , TRMC, CMC City Secretary/Chief Governance Officer APPROVED AS TO FORM: lAYGOS--/ City Attorney Ordinance No. 2438, Page 3 of 3 paged e 'Q #,,e !au STATE OF TEXAS COUNTY OF TARRANT I, JOHN M. BONDURANT, JR., PUBLISHER of the COMMERCIAL RECORDER, am over the age of 18, have knowledge of the facts stated herein, and am otherwise competent to make this affidavit. The COMMERCIAL RECORDER, of Fort Worth, Tarrant County, Texas, is a newspaper of general circulation which has been published in Tarrant County regularly and continuously for a period of over one year prior to the first day of publication of this notice. The COMMERCIAL RECORDER is qualified to publish legal notices according to Article 28e, Revised Civil statutes of Texas. I, solemnly swear that the notice hereto attached was published in the COMMERCIAL RECORDER, on the following dates, to -wit: August 8, 15, 22, 2025 4/9— Sworn to and subscribed before me this 22nd day of August, A.D. 2025 Notary Public, Tarrant County, Texas FEL I FACIhNDO, JR My Nvf IO ,1/ 129- ,308 ,',,�' OF t, Expires vch 20, 2026 ., CITY OF EULESS The City Council of the City of Euless, Texas will hold a public hearing during a Reg- ular Meeting on Tuesday, Sep- tember 9, 2025 at 7 p.m. To hear public opinion regarding the adoption of an Ordinance amending Chapter 30 "Fees;• Section 30-41 "Drainage Charges," of the Code of Or- dinances, City ofEuless to re- vise the schedule of drainage charges applicable to proper- ties 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 pro- viding an effective date. WHEREAS, the City of Eu- less is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chap- ter 9 of the Local Government I 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 legis- lative authority, established a Municipal Drainage Utility System within the municipal boundaries of the City of Eu- less, Texas, and, also pursuant to legislative authority, estab- lished fees, together with the assessment, levying. and col- lection 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 lev- ied 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 Coun- cil finds that the schedule of charges set forth herein be- low; 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 EUI.ESS, TEXAS, THAT: SECTION 1. The schedule of charges for di ainage services furnished or i caused to be furnished by the t City as set out in Chapter 30 s "Fees," Section 30.41 "Drain- F age 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, Subchap- ter C. 1. flask Drainage Charge. The monthly drainage rate is hereby established at $40.00 per impervious acre of land. This rate may be modified by the City Council front 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 par- ' titular land use as specified in subsection (3) of this section. 2. Single -Family Residential. The monthly municipal drain- age utility charge for each sin- gle -fancily residential parcel is hereby levied at $4.25. 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, tractor parcel of land, and the use made of such property In accordance with the fol- lowing schedule of drainage charges, which are hereby lev- ied against all such remaining tots, tracts and parcels offend within the Clty, Land Use / Runoff Coef- ficient / Rate / Monthly Charge per Acre Vacant Land / N/A / N/A / S0; Park Land and Open Space/ 0.35 / $40.00 / $14.00; Church/Governmental / 0.80 / S40.00 / S32.00; School / 0.65 / $40.00 / $26.00; Hospital / 0.80 / $40.00 / $32.ou; Multifamily / 0.80 / S40.00 / S32.00; Business/Industrial / 0.95 / $40.00 / $38.00; SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumu- lative of all provisions of the City Code and other ordinanc- es 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 provi- sions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE, It s hereby declared to be the Mention of the City Council hat the sections, paragraphs, entences, clauses, and hrases 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 jurisdic- tion, such invalidity or un- constitutionality 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 or- dinance 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 front and after its passage and the rates adopted herein shall be effective with billing dates beginning on or after October 1, 2025. PRESENTED AND PASSED ON FIRST AND FINAL READ- ING of a regular meeting of the Euless City Council on September 9, 2025 by a vote of — ayes. _ nays, and abstentions.