HomeMy WebLinkAbout2171 10-24-2017 ORDINANCE NO. 2171
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
$20.83 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 $2.75.
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 per
Land Use Coefficient Rate Acre
Vacant Land N/A N/A N/A
Park Land and Open Space 0.35 $20.83 $ 7.29
Church/Governmental 0.80 $20.83 $ 16.66
School 0.65 $20.83 $ 13.54
Hospital 0.80 $20.83 $ 16.66
Multifamily 0.80 $20.83 $ 16.66
Business/Industrial 0.95 $20.83 $ 19.79
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.
Ordinance No. 2171, Page 2 of 3
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
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 bill dates beginning
on or after November 1, 2017.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on October 24, 2017, by a vote of 7 ayes, o
nays, and o abstentions.
APPROVED:
7
Linda Martin, Mayor
ATTEST:
..„. _ ,,,,...._,.... 1
ce,,,I..,,,
Kim Sutter, TRMC, City Secretary
APPROVED AS TO FORM:
tlk-.) I; (.,)i__
Wayne Olson, City Attorney
Ordinance No. 2171, Page 3 of 3
Star-Tele ram
MED/A
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-63151800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount I Cols I Depth
600565 0003283901 Legal Notice The City Council of the City of Eules $71.28 1 66.00 Li
Attention: THE STATE OF TEXAS
CITY OF EULESS ACCOUNTS PAYABLE DEPT. County of Tarrant
201 N ECTOR DR
EULESS, TX 760393543 Before me,a Notary Public in and for
said County and State,this day
personally appeared CHRISTINE
LOPEZ, Bid and Legal Coordinator
The city e unci ofOtheCity of Eu- for the Star-Telegram, published by
Hearingssit duringlla Regular M elt� the Star-Telegram, Inc.at Fort
ingn.2017 at 7:00 sday, October 24, Worth, in Tarrant County,Texas; and
itO
Euless City Hall, 201. athN�Ector who, after being duly sworn,did
Drive, Euless, Texas,ding to the
near
Public opinion regardepose and say that the attached
adoption of an ordinance to in- clipping of an advertisement was
Therp oposed Scheduler oe rates.
f Monthly
published in the above named paper
Fees and Rates is as follows:
(1) Basic Drainage Charge. on the listed dates:
The hereby established at$2p g3 per
impervious acre of land. Imper-
vious land area shall be calculat-
ed by multiplying the acreage of
toe parcel by the runoff coeffi- 3 Insertion(s)
tient for the particular land use
as specified in subsection(3).
(2) Single-Family Residen- Published On:
tial. The monthly municipal
drainage utility charge for each September 15,2017,September
single-family residential parcel
(3�s hereby levied at$2.75. 20,2017,September 21,2017
tracts andtparcelser. lof 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 ac-
cordance with the following
schedule of drainage charges,
which are hereby levied against
all such remaining lots, tracts
and parcels of land within the
City.
land Use Runoff Coefficient
Rate Monthly Charge Per
Acre
Vacant Land N / A
Park Land/and Open Space (Principal Clerk)
0.35 $ 20.83
$ 7.29
Church/Governmental 0 8 0 SUBSCRIBED AND SWORN TO
School 0,65'83 16.66 BEFORE ME,THIS 21st day of
$13.54 20'83
September in the year of 2017
Hospital 0.80 $ 20.83
Multifamily$16.66
$20.83 0 8 0
Business/Industrial 016.69 5
$20. $ '79
All interested persons areen cour- Q
+,,
aged to attend the public hear-
ing and express their opinions
on the proposed rate increase. Notary Public
Council will vote on the pro-
posed Ordinance following the
public hearing.
FRIDAY SEPTEMBER 15 2017 THURSDAY SIFTEMIE1111017
WEDNESDAY SEPTEMBER 20 2017
LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE
The City Council of the City of Eu- The City Council of the City of Eu The City Council of the City of
less, Texas will hold a Public less, Texas will hold a Public less, Texas will hold a Pus
Hearing during a Regular Meet- Hearing during a Regular Meet- Hearing during a Regular Meet-
on on Tuesday, October 24, ing on Tuesday, October 24, ing on Tuesday, October 24
2017 at 7:00 p.m. at the City of 2017 at 7:00 p.m. at the City of 2017 at 7:00 p.m. at the City of
Euless City Hall, 201 N. Ector Euless City Hall, 201 N. Ector Euless City Hall, 201 N. Ector
Drive, Euless, Texas, to hear Drive, Euless, Texas, to hear Drive, Euless, Texas, to hear
Public opinion regarding the public opinion regarding the public opinion regarding the
adoption of an Ordinance to in- adoption of an Ordinance to in- adoption of an Ordinance to in-
crease Drainage Charge rates. crease Drainage Charge rates, crease Drainage Charge rates.
The proposed Schedule of Monthly The proposed Schedule of Monthly The proposed Schedule of Monthly
Fees and Rates is as follows: Fees and Rates is as follows:
(1) Basic Drainage Charge. (1) Basic Drainage Charge. Feee and ate$is 46 folioyyyy6
The monthly drainage rate is The monthly drainage rate is (�) lc faina®e chdrg
hereby established at$20.83 per hereby established at$20.83 per The Rignt� Qrdinage rate
impervious acre of land. Imper- impervious acre of land. Imper- C/fepY i�1A®1Me at$3Q•Bl p
vious land area shall be calculat vious land area shall be calculat TperyliU4 d6re q land. Imper
ed by multiplying the acreage of ed by multiplying the acreage of t s ff4R1 Orel 6h411 be calcuiat-
the parcel by the runoff coeffi- the parcel by the runoff coeffi- A y mu tlpply ny the acreage of
tient for the particular land use cient for the particular land use o rcel by the runoff coeffl-
as specified in subsection(3). as specified in subsection(3). cent for the particular land use
(2) Single-Family Residen- (2) Single-Family Residen- a6 specified in Subsection(3).
tial. The monthly municipal tial. The monthly municipal (2) Single-Family Residen-
drainage utility charge for each drainage utility charge for each 0411 The monthly municipal
single-family residential parcel single-family residential parcel d alnd�Y utility charge for each
is hereby levied at$2.75. is hereby levied at$2.75. b11101q-Amlly resiQ ntial parcel
(3) Other. All other lots, (3) Other. All other lots, is hi 1 1 IaVled at�¢rX75• 1
tracts and parcels of land within tracts and parcels of land within (3) other. Alf gther lot;1 I
the City of Euless shall be the City of Euless shall be t acts�d pe�rcel6 of land Wltpin
charged on the basis of the charged on the basis of the M C{ty of Eulebb shall bq
acreage contained in such lot, acreage contained in such lot, charged on the b 615 of the
tract or parcel of land, and the tract or parcel of land, and the acrepge contained �n 5uch Iqtr
use made of such property in ac- use made of such property in ac- tract or parcel of land, and the
cordance with the following cordance with the following use made of such property in ac-
schedule of drainage charges, schedule of drainage charges, cgrdgnes With the following
which are hereby levied against which are hereby levied against Schedule of drainage charges
all such remaining lots, tracts all such remaining lots, tracts N(hlth�re hereby IeyipQ a o Iris
and parcels of land within the and parcels of land within the all buc remaining I0tj� fII
City. City. and parcels of land W h EPI
land Use Runoff CoefficientCity'
Rate Monthly Charge Per land Use Runoff Coefficient
Acre Rate Monthly Charge Per land Use Runppf�ff Cgeffjcjent
/ A Acre Rate M9RthIY hArge Per
Vacant Land
$ Vacant Land N / A Acre
Park Land and Open Space N/A $ Vacant Land N / A
0.35 $ 20.83 Park Land and Open Space
$ 7 29 0.35 $ 20.83 Park Land/and Oen Space
Church/Gov .83
ernmental 0 8 0 Church/Govern 3
r mental 0 8 0 7.29
$20.83 $16.66 $20.83 $16.66 ji�gyar mental B Q
School 0.65 g 20.83 School 0.65 $ 20.83 IQ.g3 14.44
$13.54 $13.54 �rr�
Hospital 0.80 $ 20.83 Hospital 0.80 $ 20.83 �tlhgel 10.83
�a
$16.66 $16.66 pita{ 106,�46 20.83
Multifamily 0 8 0 Multifamily 0 8 0 '
$20.83 $16.66 $20.83 $16.66
11NN+'III1y B o
Business/Industrial 0 9 5 Business/Industrial 0 9 5 $2013 14.44
$20.er $19.79 $20.83 er $19.79 I/1n
All interested persons are encour- All interested persons are encour-
aged to attend the public hear- aged to attend the public hear ��i per&Qns are encour-
ing and express their opinions ing and express their opinions 0"it#I tFle public hear
on the proposed rateincrease. on the proposed rate increase. ppb ex reb6 their opinions
Council will vote on the pro- Council will vote on the pro- pte prggqppposed rate increase.
Posed Ordinance following the posed Ordinance following the ; fl W)II Vote on the pro-
public hearing, public hearing. Q ante following the