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Home My WebLink AboutSupplement No. 25 - 1974 Code of Ordinances SUPPLEMENT NO.25 November, 1990 �-' CODE OF ORDINANCES City of EULESS, TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 1026, enacted July 10, 1990. See the Code Comparative Table for further information. Remove old pages Insert new pages xiv.i—xvii xv—xvii Checklist of up-to-date pages Checklist of up-to-date pages 127-130 127-130.3 133, 134 133-134.1 137-140 137-140 1159, 1160 1159, 1160 1163-1168 1163-1168.6 1480.1 Index pages Index pages 1519, 1520 1519-1520.1 1557, 1558 1557-1558.1 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE (National) 1-800-342-CODE (Florida) Note—An updated checklist of pages in Code is included, following Table of Contents. TABLE OF CONTENTS—Cont'd. Chapter Page 5. Finance and Taxation 351 Art. I. In General 351 Art. II. Ad Valorem Tax 351 Art. III. Hotel Occupancy Tax 354 Art. IV. Bingo Tax 357 Art. V. Telecommunications Services Tax . 358 6. Fire Protection and Prevention 435 Art. I. In General 435 Art. II. Fire Department 454 Art. III. Fire Marshal 456 Art. IV. Transportation, Handling and Storage of Volatiles 462 7. Garbage, Trash, Weeds and Abandoned Property 525 Art. I. In General 525 Art. II. Grass and Weeds 531 Art. III: Littering 534 Art. IV. Abandoned, Derelict and Lost Personal Property 536 Div. 1. Generally 536 Div. 2. Reserved 540 Art. V. Junked Vehicles 540 8. Health and Sanitation 589 Art. I. In General 589 Art. II. Air Pollution Control 590 Art. III. Swimming Pools 500 Art. IV. Eating and Drinking Establishments 605 Art. V. Food and Food Service Establishments 610 Art. VI. Retail Food Stores 618 Art. VII. Regulation of Smoking 619 9. Reserved 655 10. Occupational Licenses and Regulations 755 Art. I. In General 755 Art. II. Billiards or Pool 758 Div. 1. Generally 758 Div. 2. License 759 Art. III. Occasional or "Garage" Sales 764 Supp.No.25 xv EULESS CODE Chapter Page Art. IV. Itinerant Vendors 766 Art. V. Pawnbrokers and Precious Metals Dealers 771 Art. VI. Pest Control Operators 776 Art. VII. Private Detectives and Private Patrol Security Services 782 Art. VIII. Massage Parlors and Massage Estab- lishments 788 11. Offenses and Miscellaneous Provisions 837 Art. I. In General 837 Art. II. Obscene Publications 846.1 Art. III. Emergency Ambulance Service 849 12. Parks,Recreational and Cultural Facilities 899 Art. I. In General 899 Art. II. Library 904 13. Streets and Sidewalks 953 Art. I. In General 953 Art. II. Barricades 954 14. Traffic 1003 Art. I. In General 1003 Art. II. Accidents 1012 Art. III. Official Traffic-Control Signs, Signals, Markings and Devices 1016 Art. IV. Operation of Vehicle 1020 Art. V. Parking 1034 Art. VI. Pedestrians 1038 15. Vehicles for Hire 1089 Art. I. In General 1089 Art. II. Taxicabs and Other Public Vehicles 1092 Art. III. Wreckers and Tow Trucks 1100 16. Water and Sewers 1159 Art. I. In General 1159 Div. 1. General Provisions 1159 Div. 2. Fees,Rates and Charges 1162 Div. 3. Impact fees 1166 Art. II. Wastewater Collection and Treatment 1168.5 Div. 1. Generally 1168.5 Supp.No.25 xvi TABLE OF CONTENTS—Cont'd. Chapter Page Div. 2. Wastewater Contribution Regula- tions 1174 Div. 3. Administration and Enforcement 1180 Appendix A. Zoning (Reserved) 1215 B. Subdivisions 1315 Art. I. In General 1315 Art. II. Improvements 1332.6 Art. III. Storm Water Design Standards 1354.1 Code Comparative Table 1461 Charter Index 1481 Code Index 1497 Supp.No.25 Xvii Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly re- flects the latest printing of each page. In the first column all page numbers are listed in sequence.The second column reflects the latest printing of the pages as they should appear in an up-to-date volume.The letters"OC"indicate the pages have not been reprinted in the Supplement Service In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 17, 18 OC iii OC 19, 20 OC v, vi OC 21, 22 OC vii OC 23, 24 OC ix, x OC 25, 26 2 xi, xii OC 26.1 2 xiii, xiv 24 27, 28 OC xv, xvi 25 29, 30 2 xvii 25 31, 32 OC 1, 2 2 33, 34 2 3, 4 OC 35, 36 OC 5, 6 OC 37, 38 OC 7, 8 OC 39, 40 OC 9, 10 2 41, 42 OC 11, 12 2 43, 44 OC 12.1 2 45, 46 OC 13, 14 OC 47, 48 OC 15, 16 OC 49 OC Supp.No.25 [1] EULESS CODE Page No. Supp. No. Page No. Supp. No. 95 2 183, 184 4 99, 100 0C 185 13 101, 102 00 207, 208 20 103, 104 23 209, 210 20 117, 118 23 211, 212 20 119, 120 24 213, 214 23 120.1 24 215 23 121, 122 23 217, 218 20 123, 124 23 219, 220 20 125, 126 23 221, 222 20 127, 128 25 223, 224 20 129, 130 25 225, 226 20 130.1, 130.2 25 227, 228 23 130.3 25 228.1 23 131, 132 23 229, 230 20 133, 134 25 231 20 134.1 25 283, 284 24 ,� 135, 136 23 285, 286 24 137, 138 25 287 24 139, 140 25 289, 290 20 153, 154 24 291, 292 20 155, 156 1 293, 294 20 157, 158 14 295, 296 20 158.1, 158.2 18 297, 298 23 159, 160 3 299, 300 23 161, 162 3 300.1 20 163, 164 9 301, 302 14 165, 166 17 303, 304 14 167, 168 17 305, 306 23 169, 170 19 307, 308 14 171, 172 19 308.1, 308.2 14 172.1, 172.2 19 308.3, 308.4 23 172.3 24 308.5, 308.6 19 173, 174 23 308.7, 308.8 19 175, 176 23 308.9, 308.10 19 177, 178 23 308.11, 308.12 19 179, 180 23 308.13, 308.14 19 181 18 308.15, 308.16 19 --� Supp.No.25 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 308.17, 308.18 19 449, 450 18 308.19, 308.20 19 451, 452 23 308.21, 308.22 19 452.1 21 308.23 19 453, 454 OC 309, 310 6 455, 456 OC 311, 312 6 457, 458 OC 313, 314 6 459, 460 OC 315, 316 6 461, 462 OC 317, 318 6 463, 464 OC 319, 320 6 465, 466 18 321, 322 6 467, 468 18 323, 324 6 469, 470 5 325, 326 23 470.1 5 327, 328 6 471, 472 OC 329, 330 6 473, 474 OC 331, 332 6 475, 476 5 333, 334 6 525, 526 5 335, 336 6 526.1 5 337, 338 6 527, 528 OC �..- 339, 340 6 529, 530 23 341, 342 6 531, 532 23 343, 344 6 533, 534 23 345, 346 8 535, 536 21 347, 348 8 537, 538 21 349, 350 13 538.1, 538.2 21 351, 352 19 539, 540 23 353, 354 21 541, 542 21 354.1 21 543 13 355, 356 11 589, 590 19 357, 358 19 591, 592 OC 359 19 593, 594 OC 435, 436 18 595, 596 OC 437, 438 23 597, 598 OC 441, 442 18 599, 600 OC 443, 444 18 601, 602 OC 445, 446 19 603, 604 4 446.1 19 605, 606 4 447, 448 18 607, 608 23 Supp.No.25 [3] EULESS CODE Page No. Supp. No. Page No. Supp. No. 609, 610 13 846.1 15 611, 612 23 847, 848 OC 613, 614 23 849, 850 21 615, 616 10 851, 852 21 617, 618 23 899, 900 2 619, 620 19 901, 902 14 621 19 903, 904 23 655 OC 905, 906 23 755, 756 9 953, 954 7 756.1 1 955, 956 7 757, 758 23 957, 958 23 759, 760 OC 959, 960 7 761, 762 23 961, 962 7 763, 764 OC 963 13 765, 766 21 1003, 1004 OC 767, 768 23 1005, 1006 OC 769, 770 23 1007, 1008 OC 770.1 23 1009, 1010 OC �..,. 771, 772 9 1011, 1012 OC 772.1 9 1013, 1014 OC 773, 774 OC 1015, 1016 OC 775, 776 9 1017, 1018 OC 776.1 9 1019, 1020 6 777, 778 OC 1021, 1022 6 779, 780 OC 1022.1, 1022.2 7 781, 782 1 1022.3, 1022.4 7 783, 784 1 1022.5, 1022.6 21 785, 786 23 1022.6.1 21 787, 788 23 1022.7, 1022.8 13 789, 790 23 1022.9, 791, 792 1 1022.10 22 793, 794 1 1022.11 22 795 13 1023, 1024 OC 837, 838 21 1025, 1026 17 839, 840 OC 1026.1 18 841, 842 OC 1027, 1028 OC 843, 844 OC 1029, 1030 OC 845, 846 15 1031, 1032 OC Supp.No.25 [4] CHECKLIST OF UP-TO-DATE PAGES �"..- Page No. Supp. No. Page No. Supp. No. 1033, 1034 OC 1320.1, 1320.2 7 1035, 1036 9 1321, 1322 15 1037, 1038 16 1322.1 15 1039, 1040 20 1323, 1324 9 1089, 1090 OC 1324.1, 1324.2 12 1091, 1092 OC 1325 12 1093, 1094 OC 1326.1, 1326.2 9 1095, 1096 OC 1327, 1328 12 1097, 1098 23 1329, 1330 12 1099, 1100 23 1330.1 12 1101, 1102 8 1331, 1332 9 1103, 1104 8 1332.1, 1332.2 9 1105, 1106 OC 1332.3, 1332.4 13 1107, 1108 OC 1332.5, 1332.6 13 1159, 1160 25 1333, 1334 15 1161, 1162 14 1335, 1336 15 1163, 1164 25 1336.1 15 1165, 1166 25 1337, 1338 7 1167, 1168 25 1339, 1340 16 �� 1168.1, 1168.2 25 1340.1, 1340.2 16 1168.3, 1168.4 25 1341, 1342 OC 1168.5, 1168.6 25 1343, 1344 OC 1169, 1170 14 1345, 1346 OC 1171, 1172 14 1347, 1348 OC 1173, 1174 14 1349, 1350 OC 1175, 1176 14 1351, 1352 OC 1177, 1178 14 1353, 1354 OC 1179, 1180 14 1354.1, 1354.2 5 1181, 1182 14 1354.3, 1354.4 7 1183, 1184 14 1354.5 7 1185, 1186 14 1355, 1356 5 1187, 1188 14 1357, 1358 7 1189, 1190 14 1359, 1360 5 1191 14 1361 OC 1215 OC 1461, 1462 19 1315, 1316 OC 1463, 1464 19 1317, 1318 OC 1465, 1466 19 1319, 1320 23 1467, 1468 19 Supp.No. 25 [5] EULESSCODE Page No. Supp. No. Page No. Supp. No. 1469, 1470 9 1525, 1526 23 1471, 1472 9 1527, 1528 24 1473, 1474 14 1529, 1530 23 1475, 1476 18 1530.1, 1530.2 24 1477, 1478 22 1530.3, 1530.4 23 1479, 1480 24 1531, 1532 8 1480.1 25 1532.1, 1532.2 23 1481, 1482 OC 1533, 1534 24 1483, 1484 OC 1535, 1536 23 1485, 1486 OC 1537, 1538 23 1487, 1488 OC 1539, 1540 23 1489, 1490 OC 1541, 1542 23 1491, 1492 OC 1542.1, 1542.2 21 1493, 1494 OC 1543, 1544 16 1495 OC 1544.1 20 1497, 1498 23 1545, 1546 OC 1499, 1500 23 1547, 1548 16 1500.1, 1500.2 23 1549, 1550 20 1501, 1502 9 1551, 1552 OC 1502.1, 1502.2 23 1553, 1554 17 1502.3, 1502.4 23 1555, 1556 23 1503 23 1557, 1558 25 1504.1, 1504.2 22 1558.1 25 1505, 1506 23 1559, 1560 23 1506.1, 1506.2 19 1561 23 1507, 1508 23 1509, 1510 23 1511, 1512 23 1512.1 23 1513, 1514 19 1515, 1516 23 1516.1, 1516.2 23 1517, 1518 22 1519, 1520 25 1520.1 25 1521, 1522 23 1522.1 23 1523, 1524 21 Supp.No.25 [6] §11h-7.14 SCHEDULE OF FEES § 11/2-7.67 Cans or bags,per can $4.50, with a $9.00 per month minimum for twice a week serv- ice,plus sales tax Standard Container Rates: Container Size Pickup Times Per Week (cubic yards) 1 2 3 4 5 6 2 $ 30.00 $ 47.00 $ 64.00 $ 81.00 $ 98.00 $115.00 3 37.00 62.00 87.00 112.00 137.00 162.00 4 45.00 75.00 105.00 135.00 165.00 195.00 6 62.00 100.00 140.00 180.00 220.00 260.00 8 78.00 128.00 178.00 228.00 278.00 328.00 30(open) 125.00 per dump 42(packer) 201.00 per dump On Call Service Per Month Per Dump 2 $21.00 $13.00 for each additional dump 3 25.00 13.00 for each additional dump 4 28.00 13.00 for each additional dump 6 34.00 15.00 for each additional dump 8 37.00 15.00 for each additional dump (The base rate for all "on call" services includes one dump.) (Ord. No. 1005, § 36, 6-27-89) Sec. 11-7.29. Grass and weeds-Collection of abatement cost. Administration charge $150.00 Advertising Actual cost Mowing/cleanup Actual cost Mail/legal notice Actual cost (Ord. No. 1005, § 36, 6-27-89) Sec. 11-7.67. Abandoned, derelict,lost property. Taking and impounding any personal property $3.00 Preparing advertisements of sale of each article 0.50 Selling each article 1.00 Posting notices of sale relating to any one article 0.50 (Ord. No. 1005, § 36, 6-27-89) Supp.No.25 127 § 1i/2-8.71 EULESS CODE § 1P/2-10.144 Sec. 11/2-8.71. Restaurant and itinerant restaurant. Annual permit fee $150.00 (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1017, § 1, 12-12-89) Sec. 11/2.8.86. Food and food service establishments. Annual permit fee $150.00 (Ord. No. 1005, § 26, 6-27-89; Ord. No. 1017, § 2, 12-12-89) Sec. 11/2-8.101. Retail food stores. Annual permit fee $150.00 (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1017, § 2, 12-12-89) Sec. 1%-10.7. Coin-operated machine licenses. Annual license per machine(one-half of state fee) . . . . $15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1%-10.34. Billiards or pool. Annual license for each table $10.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-10.52. Occasional and garage sales. Garage sale permit $5.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11%-10.66. Itinerant vendors. Annual permit per company $35.00 Annual permit per employee 10.00 Permit not required for interstate commerce vendors; but they must register with police department. (Ord. No. 1005, § 36, 6-27-89) Sec. 1%40.144. Massage parlors and massage establish- ments license. Annual license $500.00 (Ord. No. 1005, § 36, 6-27-89) Supp.No.25 128 /� § 11/2-12.10 SCHEDULE OF FEES § 1'/2-12.14 Sec. 11/2.12.10. Swimming pools. Swimming pool entrance for 4-hour swim $ 1.00 Swimming pool coupon book for 25 passes 20.00 Pool rental for 3 hours 75.00 Pool lifeguard per hour per lifeguard(minimum of 2) 10.00 (Additional guard required for over 60 people) (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1022, § 1, 5-8-90) Sec. 11/2.12.14. Recreation. (A) Softball field rental (per tournament): (1) Lighted for 1 hour $ 8.00 (2) Lighted for 2 hours 15.00 (3) Field use fee 150.00 (4) Deposit 50.00 (5) Team fee 10.00 (6) Bag of marking dust 10.00 (B) Special events (10K Runs; etc.) Actual cost to city ex- cept for recreation de- partment personnel time and supply of in- surance verification to risk manager. (C) Midway Recreation Center: (1) Gymnasium (3 hours) $200.00 (a) Plus per hour, after 3 hours 67.00 (b) Nonresidents (3 hours) 300.00 (c) Plus per hour, after 3 hours 100.00 (d) Deposit 100.00 (e) Building attendant needed after hours 25.00 (f) Plus per hour 10.00 (g) The Recreation Department has the right to determine if additional staff is needed )p.No.25 129 § 11/2-12.14 EULESS CODE § 11/2-12.14 �� for the nature and population of the event, and may make additional charges for ac- tual costs incurred as needed. (2) Multipurpose room and other rooms that seat 30-40 people (1 hour) $ 20.00 (a) Nonprofit groups (1 hour) 15.00 (b) Nonresident groups (1 hour) 30.00 (c) Deposit for cleaning 50.00 (d) Building attendant needed after hours, per hour 10.00 (3) Aerobics room (1 hour) 30.00 (4) Babysitting(for 1 hour) 1.00 (5) Racquetball courts: (a) Resident,weekdays,from 7:00 a.m.to 5:00 p.m 3.00 (b) Resident, weekdays after 5:00 p.m. and weekends 6.00 ^„. (c) Nonresident,weekdays from 7:00 a.m. to 5 p.m. 5.00 (d) Nonresident, weekdays after 5:00 p.m. and weekends 10.00 (6) Facility usage fee I.D.cards—Gym and weight room: (a) Residents: (1) Regular membership—Individual,an- nually 6.00 Includes gym use, walking/jogging trail,game area,shower availability, membership card, $1.00 discount on each racquetball time, discount op- portunities. (2) Regular Membership—Family,annu- ally 20.00 Includes same as (a)(1) above Supp.No.25 130 '--, § 11/2-12.14 SCHEDULE OF FEES § 11/2-12.14 (3) Ultra Membership—Individual, an- nually $60.00 Includes unlimited weight room visits, gym usage, walking/jogging trail,game area,shower availability, membership card, $1.00 discount on each racquetball time, discount op- portunities. (4) Ultra membership—family,annually 100.00 (5) Daily membership—Individual only, per visit 3.00 Includes gym usage,walking/jogging trail, game area, weight room. (b) Nonresidents: (1) Guest regular membership,annually 25.00 Plus, individual only, per visit 2.00 Includes gym usage,walking/jog- ging trail, membership card, game area, shower availability. (2) Guest extended membership, annu- ally 25.00 Plus individual only, per visit 4.00 Includes weight room usage,and all in (b)(1) above (3) Daily use fee—Individual only, per visit 5.00 Includes gym usage,walking/jogging trail, game area. (4) Daily extended fee—Individual only, per visit 6.00 Includes weight room and all in(b)(3) above Supp.No.25 130.1 § 11/2-12.14 EULESS CODE § 1/z-12.14 (c) Euless Senior Citizens: (1) Golden Agers membership—Indi- vidual, annually $ 2.00 Minimum 60 years of age, includes unlimited weight room visits, gym usage, walking/jogging trail, game area, shower availability, member- ship card,$1.00 discount on each rac- quetball time,discount opportunities. (D) Simmons Recreation Center (J. A. Carr Park): Building rentals (3 hours) 60.00 Per hour thereafter 20.00 Deposit 50.00 Building attendant (3 hours) 25.00 Per hour thereafter 10.00 (E) Class fees: Tennis for 4 weeks 30.00 Track for 6 weeks 30.00 Swimming lessons for 10 days 25.00 (F) Activity fee structure: Instruction fee ($7.00 to $10.00 per hour based on level of experience) 50.00 Printing and postage 10.00 Material and equipment 10.00 User fee 10.00 Total 80.00 Divided by minimum of participants 5.00 Class fee 16.00 Nonresident fee added where applicable 2.00 (All fees derived by this formula are used as a basis for deter- mining the final class fee.) Supp.No.25 130.2 _� § P/2.12.14 SCHEDULE OF FEES § PP/2.12.34 �.., (G) Euless-affiliated organizations. Small rooms available on a first-come basis, but not on a regular schedule. This must be during regular open hours so as not to require overtime pay for staff. (H) Euless intra-city events.These functions and meetings can be worked into the recreation schedule without a fee. However, as much advance notice as possible is required to enable max- imum use of facilities and allow consideration for paying par- ticipants. (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1017, § 3, 12-12-89) Sec. 11-12.34. Library. (1) Duplicate library card $ 2.00 (2) Loss of or damaged beyond use or repair: Video game instruction booklet 1.50 Library materials Replacement cost Items not in Books in Print or published before 1975: Supp.No.25 130.3 § 11-15.4 SCHEDULE OF FEES § 11/2-15.45 Lidocaine 100 MG syringe $ 6.00 Lidocaine 2 GM syringe 10.00 Morphine Sulfate 15 MG TBX 10.00 Narcan 2.0 MG INJ 20.00 Nitroglycerine tablets 0.4 MG 1.00 Nitronox 20.00 Nitropaste 2%30 GM tube 2.00 Nitrol oint/dose No charge Nubain 10 MG INJ 6.00 Phenergan 25 MG INJ 3.00 Physostigmine 2 MG INJ 5.00 Pitocin 3.00 Procainamide 1000 MG 16.00 Procardia(PO) 2.00 Sodium Bicarb 50 MEQ(adult) 8.00 Sodium Bicarb(pediatric) 8.00 Syrup of Ipecac 4.00 Thiamine 200 MG Vial 6.00 Valium 10 MG syringe 8.00 Verapimil 9.00 Versed 2 ML Vial 15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-15.29. Vehicles for hire—Taxicabs and other pub- lic vehicles. Annual certificate of convenience and necessity $500.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 1'/z-15.45. Same—Wreckers and tow trucks. Application,per wrecker $ 25.00 Annual wrecker permit(expires December 31st) 25.00 (Permits and fees apply to companies within city limits and nonconsent pulls only.) (Ord. No. 1005, § 36, 6-27-89) Supp.No.25 133 § 11/2-16.21 EULESS CODE § 11-16.22 Sec. 11/2.16.21. Water and sewer fees and impact fees. (a) Water: Fees for water or sprinkler meters and meter boxes shall be an amount equal to actual cost of materials and labor plus fifteen (15) percent. This cost is based on cost of SR-T.R.C. meters as of June 12, 1986, and any increase in cost from time to time shall increase by a like amount effective concurrent with such increased charge to the city. (b) Tap fees: Applicants are encouraged to have taps to water and sewer lines made by a private contractor to specifications established by the city engineer. If taps are made by city per- sonnel, the applicant shall pay a fee therefor equal to the cost of labor and materials plus fifteen (15) percent. (c) Street cuts: If a street cannot be bored, applicant must see the city engineer for alternative method, with a permit fee re- quired as outlined in Section 11/2-13.24. (d) Water and sewer impact fees: Size of Meter (inches) Water Sewer Total 3/4 or smaller $392.00 $608.00 $1,000.00 1 655.00 1,015.00 1,670.00 11/2 1,305.00 2,025.00 3,330.00 2 2,089.00 3,241.00 5,330.00 3 3,920.00 6,080.00 10,000.00 4 6,535.00 10,135.00 16,670.00 6 13,065.00 20,265.00 33,330.00 8 23,520.00 36,480.00 60,000.00 10 37,895.00 58,775.00 96,670.00 (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1024, § 3, 6-12-90) Sec. 112-16.22. Water deposits. Residential units $ 50.00 Restaurant/cafe 300.00 Car wash 300.00 Cleaners 150.00 Commercial sprinkler 150.00 Beauty/barber shop 75.00 Supp.No.25 134 § 11/2-16.22 SCHEDULE OF FEES § 11/2.16.22 Service station $150.00 Shell buildings 200.00 Supermarkets/convenience stores 500.00 Supp.No.25 134.1 §11-16.23 SCHEDULE OF FEES § 11/2-20 (c) Industrial cost recovery group customers shall be billed according to Section 16-25 of this Code plus the additional charges in Section 16-26 as required. The above rates are based on the cost of treated water pur- chased by the city from the Trinity River Authority of Texas equal to eighty-seven cents ($0.87) per thousand gallon (cost of water purchased during 1984-85 fiscal year). As the cost of treated water purchased by the city from the Trinity River Authority of Texas increases from time to time, the charge per thousand gal- lons' usage shall be increased by a like amount effective concur- rent with such increased charge to the city.The minimum charge and/or usage charge may be further adjusted by the city council from time to time. (Ord. No. 1005, § 36, 6-27-89) Sec. 1%-16.24. Water and sewer—Reconnection of service. Reconnection $15.00 Additional deposit required 15.00 (Ord. No. 1005, § 36, 6-27-89) Sec. 11-16.25. Monitored group class. Customer monthly service charge $3.20 Volume charge,per 1,000 gallons BOD 1.05 Strength charge,per pound of BOD 0.0392 Suspended solids strength charge, per pound of sus- pended solids 0.0139 Monitoring charge 100% of cost to city (Ord. No. 1005, § 36, 6-27-89) Sec. 11-20. Miscellaneous fees. Research for nongovernment requests,per hour $15.00 Copies of documents(not otherwise listed),per page . 1.00 Copies of fire department incident reports 3.00 Fire department photographic reproductions: Minimum charge 25.00 Per unit 10.00 Plus processing costs Actual costs Supp.No.25 137 §12-20 EULESS CODE § 11/2-A Copies of police department reports $ 3.00 Emergency preparedness plan(2 volumes) 20.00 Fingerprints taken for individuals 5.00 Mailing lists of city service users 15.00 Economic Development Fact Book 15.00 Procedures manuals,per volume 10.00 Certified birth/death certificates First copy 8.00 Each additional copy 2.00 Certified documents(not listed otherwise) 7.50 Duplicate release of lien 15.00 Board and Commission Handbook 5.00 City Charter 10.00 City Code Book 100.00 City Code Book supplements 30.00 Zoning Ordinance 16.00 Subdivision Ordinance 8.50 Land Use Plan 5.00 Water and Sewer Book 15.00 Zoning Map(1"=1000' scale) 5.00 Street Map(1"=1000'scale) 5.00 Grid Map(1"=1000' scale) 5.00 Flood Hazard Boundary Map(1"=1000' scale) 5.00 Future Land Use Map(1"=1000'scale) 5.00 Water and Sewer Map 5.00 K-E-F Water and Sewer Map 3.00 Lot and Block Map(1"=600'scale) 15.00 State Highway 360 Plan 4.00 Topographic Map(2'contour interval; 1"=200'scale) 7.00 Standard details for public improvements,per sheet 5.00 Aerial photo(1"=200'scale)special order 7.00 Microfilm print 3.00 (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1017, § 6, 12-12-90) Sec. 11/2-A. Zoning. Categorical zoning and specific use permits: On 0 to 1/2 acre $125.00 On 1/2+ to 5 acres 250.00 On 5+ to 25 acres 500.00 Supp.No.25 138 §11-A SCHEDULE OF FEES § 1V2-B.7 25+ acres . . . . . . . . . . . . . . . $500.00 Plus $10.00 per acre over 25 acres Planned Development and Community Unit Develop- ment all"PD" and"CUD"requests 500.00 Plus $10.00 per acre Special exception to masonry veneer requirements 125.00 Zoning board of adjustment variance request Residential 75.00 Sign standards variance, per application 450.00 All others 235.00 (Ord. No. 1005, § 36, 6-27-89; Ord. No. 1015, § 2, 10-10-89; Ord. No. 1017, § 7, 12-12-90) Sec. 1%-B.7. Subdivisions. Application for site plan, where land is already plat- ted and additional improvements are proposed . $225.00 Plus $5.00 per acre or $3.00 per lot or unit Application for preliminary plat 150.00 Application for final plat, where public improvements are proposed 275.00 Plus $5.00 per acre or $3.00 per lot or unit Application for final plat, where no public improve- ments are proposed 275.00 Combined preliminary/final plat, where public improve- ments are proposed 275.00 Plus $5.00 per acre or $3.00 per lot or unit Combined preliminary/final plat, where no public im- provements are proposed 275.00 Corrected plat, where no public improvements are proposed 225.00 Plat extension Same as original plat fee Replat,where public improvements are proposed . . . . 275.00 Plus $100.00 if a public hearing is required Plus $5.00 per acre or $3.00 per lot or unit Replat,where no public improvements are proposed . . 275.00 Supp.No.25 139 § 1' -B.7 EULESS CODE § 11/2-B.7 Special studies-(hydraulic analysis,traffic analysis, etc.) Actual cost plus 10% Street and drainage escrow, per linear foot per foot of width $ 5.00 Sanitary sewer pro-rata(lineal foot frontage) 8.00 Water pro-rata(lineal foot frontage) 8.00 (Ord. No. 1005, § 36, 6-27-89) Supp.No.25 [The next page is 153] 140 Chapter 16 WATER AND SEWERS* Art. I. In General,§§ 16-1-16-39.9 Div. 1. General Provisions, §§ 16-1-16-19 Div. 2. Fees,Rates and Charges, §§ 16-20-16-39 Div. 3. Impact Fees, §§ 16-39.1-16-39.9 Art. II. Wastewater Collection and Treatment,§§ 16-40-16-80 Div. 1. Generally,§§ 16-40-16-54 Div. 2. Wastewater Contribution Regulations, §§ 16-55-16-69 Div. 3. Administration and Enforcement,§§ 16-70-16-80 ARTICLE I. IN GENERAL DIVISION 1. GENERAL PROVISIONS Sec. 16-1. Rules,regulations,policies and procedures. (a) The rules,regulations,policies and procedures for the oper- ation, maintenance, improvements and extensions of the munici- pally owned water and sewerage system on file in the office of the city secretary are hereby adopted and shall hereafter be enforced by the officers of the city. (b) Sections 3(1)and 3(b)of the rules, regulations,policies and procedures for the operation, maintenance, improvement and ex- tension of the municipally owned water and sewerage system as adopted in paragraph(a)above are hereby amended by the adoption of revised city-developer agreement, developers' cash escrow, con- tractors' performance, payment and maintenance bonds, along with contracts,forms, copies of which revised forms are on file in *Editor's note—Ordinance No.795 amended Ord.No.568,adopted March 27, 1979, and Ord. No. 578, adopted July 10, 1979, from which Ch. 16, with the exception of§16-1,was derived.Former Ch.16,which consisted of§§16-1-16-14 and§§16-21-16-24,was also derived from Ord.No.627,§§1,2,adopted June 10, 1980;and Ord.No.713,§ 1,adopted Sept.28,1982.Ord.No.795,not specifically amendatory of the Code, has been included as §§ 16-2-16-10, 16-20-16-26, 16-40-16-42,16-55-16-61, 16-70-16-80. Charter reference—Authority,Art.XI. State law references—Authority generally,V.T.C.S. art. 1175(11),(13)—(15), (29),(30);Texas Water Quality Act,art.7621d-1;Solid Waste Disposal Act,art. 4477-7. Supp.No.25 1159 § 16-1 EULESS CODE § 16-6 the office of the city secretary and are by reference incorporated herein. The same shall hereafter be those forms required by the city in utility extension procedures. (Ord. No. 275, § 1, 3-22-66; Ord. No. 290, § I, 10-11-66) Sec. 16-2. Location changes. Customers moving or changing locations must pay all debts from previous addresses before receiving service at new locations. The deposit at an address cannot be changed to another name for the purpose of receiving service without paying outstanding debts. (Ord. No. 795, § 3.2(3.2.2), 6-12-84) Sec. 16-3. Theft of city services. It will be considered theft of city services to take water from the water system, or dump anything into the city sanitary sewer system unless all requirements of this chapter pertaining to city services are complied with. (Ord. No. 795, § 3.2(3.2.3), 6-12-84) Sec. 16-4. Mayor's emergency power. ^� In the event of deficient water pressure or deficient water reserves, the mayor is authorized and empowered without fur- ther council action to declare by proclamation any measures deemed necessary to restore water pressure or reserves, includ- ing a total and complete prohibition of all outside water usage. (Ord. No. 795, § 3.2(3.2.4), 6-12-84) Sec. 16-5. Service connections. Hotels, motels, office buildings, tourist courts, trailer parks, duplex and apartment buildings shall be allowed more than one (1) unit per water meter. All other customers must have one (1) meter and one (1) sewer connection per residence, business or consumer. (Ord. No. 795, § 3.3(3.3.2), 6-12-84) Sec. 16-6. Billing. Each month's charges shall be due and payable on or before the tenth (10th) day after the date of the bill; in the event such charges are not paid within ten (10)days from the date of bill, a Supp.No.25 1160 /� § 16-21 WATER AND SEWERS § 16-23 Sec. 16-21. Connection fees and impact fees. (a) Water. Prior to receiving service,each consumer shall,upon being connected to the system, pay the appropriate connection fees, as set forth in Chapter 11/2 of this Code, including impact fees,tap fees,meter box fees,meter fees, sprinkler meter fees and sprinkler box and fitting fees. (b) Sewer. Sewer impact fees shall be paid solely for the privi- lege of connection to the system. The cost of installing such con- nection shall be borne by the user. The impact fee shall be as set forth in Chapter 11/2 of this Code. If there is no water meter serving the property, sewer impact fees shall be calculated based on the size of water meter which would be required for the uses existing on the property. (c) Impact fees. For further information on impact fees, see Di- vision 3, "Impact Fees" of this Article I, following Section 16-26 of this Code. (Ord. No. 795, §§ 3.3(3.3.6), 3.4(3.4.1), 6-12-84; Ord. No. 867, § 1, 11-26-85; Ord. No. 892, § 1, 8-26-86; Ord. No. 1005, § 30, 6-27-89; Ord. No. 1024, § 4, 6-12-90) Sec. 16-22. Water deposits. (a) All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the city throughout the term of the service contract. The amount of such deposit shall be as set forth in Chapter Ph of this Code. (b) Deposits shall be refunded or,in the event a balance is due, applied against the final bill for services required upon termina- tion of the contract.the city will not pay interest on meter deposit funds. (Ord. No. 795, §§ 3.2 (3.2.1), 3.3 (3.3.1), 6-12-84; Ord. No. 950, § 1, 10-27-87;Res. No. 87-662, 11-10-87; Ord. No. 1005, § 31, 6-27-89) Sec. 16-23. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sew- age surcharge, and industrial cost recovery charge shall be as set forth in Chapter 11 of this Code. (Ord. No. 795, § 3.4 (3.4.2)— (3.4.4), 6-12-84; Ord. No. 867, § 2, 11-26-85; Ord. No. 892, § 2, 8-26-86; Ord. No. 983, § 1, 9-27-88; Ord. No. 1005, § 32, 6-27-89) Supp.No.25 1163 §16-24 EULESS CODE § 16-26 Sec. 16-24. Reconnection of service. Where services have been disconnected for nonpayment, there shall be a charge for reconnection and an additional deposit, as set forth in Chapter 11/2 of this Code, and full payment of out- standing bills before reconnection of service. (Ord. No. 795, § 3.3 (3.3.5), 6-12-84; Ord. No. 1005, § 33, 6-27-89) Sec. 16-25. Monitored group class. (a) The superintendent shall establish a monitored group class, consisting of those customers whose wastewater strength is, in his judgment, abnormally high or low, and charges to customers in this class shall be computed in accord with the rate schedule set forth in Chapter 11/2 of this Code. (b) The monitoring charge shall consist of all cost for person- nel, material and equipment used to collect and analyze samples from the customer's wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the superintendent —. or if the mentioned customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 795, § 3.5 (3.5.1), 6-12-84; Ord. No. 1005, § 34, 6-27-89) Sec. 16-26. Industrial cost recovery. (a) Construction costs. In providing a waste treatment system which includes the treatment of industrial wastes, either inde- pendently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such indus- trial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee,periodic charges, or in other manners or combina- tions thereof as in the judgment of the director of public works is equitable and will assure such industrial cost recovery. Imple- mentation of industrial cost recovery shall be contingent on noti- Supp.No.25 1164 �� §16-26 WATER AND SEWERS § 16-26 fication of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. (b) Industrial user. An industrial user in any nongovernmen- tal user of the city's sanitary sewage system, identified in the Standard Industrial Classification Manual, 1972, Office of Man- agement and Budget, as amended and supplemented, under the following divisions: (1) Division A—Agriculture,forestry and fishing. (2) Division B—Mining. (3) Division D—Manufacturing. (4) Division E—Transportation, communications, electric, gas and sanitary services. (5) Division I—Services. Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. (c) Annual recovery. The annual amount to be recovered from each industrial user shall be predicated on the following formula: [(G x A/D) + (H x B/E) + (I x C/F)]/J = Annual Payment($/Year) where: A = Eligible federal grant allocable to flow(Q), in dollars. B = Eligible federal grant allocable to BOD, in dollars. C = Eligible federal grant allocable to SS, in dollars. D = Total design flow(Q), in 1,000 gallons per day. E = Total design BOD, in pounds per day. F = Total design SS, in pounds per day. G = Industrial users' flow discharge to system, in 1,000 gal- lons per day. H = Industrial users' BOD, discharge to system, in pounds per day. I = Industrial users' SS discharge to system, in pounds per day. J = Amortization period of 30 years. Supp.No.25 1165 § 16-26 EULESS CODE § 16-39.1 (d) Annual payment. For the purpose of computing the indus- trial user's annual payment, a cost recovery period of thirty(30) years is hereby established. (e) Monthly billing. The industrial user shall be billed monthly on the basis of his computed annual industrial cost recovery payment divided by twelve(12). (f) Industrial cost recovery fund. Funds collected under indus- trial cost recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund," which is herby established. On an annual basis; one hundred (100) per cent of the amounts recovered, together with interest earned thereon, shall be re- turned to the governmental agency responsible for treatment of such industrial waste. (g) Annual review. Industrial users shall be reviewed annually by the City of Euless for quality and strength of waste, and industrial cost recovery adjusted accordingly. (Ord. No. 795, § 3.6, 6-12-84) Secs. 16.27-16.39. Reserved. DIVISION 3. IMPACT FEES Sec. 16-39.1. Definitions. The following definitions shall apply in the interpretation and enforcement of this division: Capital improvement means water supply, treatment and dis- tribution facilities; wastewater collection and treatment facili- ties; roadway facilities and stormwater, drainage, and flood- control facilities, whether or not they are located within the corporate limits of the city. Capital improvements plan means the plan currently in effect within the city,as same may,from time to time,be amended,that identifies capital improvements or facility expansions for which impact fees may be assessed under this chapter. Facility expansion means the expansion of the capacity of an existing facility that serves the same function as an otherwise Supp.No.25 1166 �� § 16-39.1 WATER AND SEWERS § 16-39.1 necessary new capital improvement, in order that the existing facility may serve new development. This term does not include the repair, maintenance, modernization or expansion of an ex- isting facility to better serve existing development. Impact fee means a charge or assessment imposed by the city against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expan- sions necessitated by and attributable to the new development. The term includes amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: (1) Dedication of land for public parks or payment in lieu of the dedication to serve park needs; (2) Dedication of rights-of-way or easements or construction or dedication of on-site water distribution, wastewater collec- tion or drainage facilities, or streets, sidewalks or curbs if the dedication or construction is required by ordinance and is necessitated by and attributable to the new develop- ment; or (3) Lot or acreage fees to be placed in trust funds for the pur- pose of reimbursing developments for oversizing or con- structing water or sewer mains or lines. New development means the subdivision of land; the construc- tion, reconstruction, redevelopment, conversion, structural alter- ation, relocation or enlargement of any structure; or any use or extension of the use of land,any of which increases the number of service units. Service area. Used in determining impact fees is the area en- compassed by the corporate limits of the City of Euless, Texas. Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. The standard ser- vice unit for calculation of impact fees is a 3/4-inch water meter. Service unit equivalents for larger meters are as follows: Supp.No.25 1167 § 16-39.1 EULESS CODE § 16-39.3 Size of Meter (inches) Equivalent Factor 3/4 1.00 1 1.67 11/2 3.33 2 5.33 3 10.00 4 16.67 6 33.33 8 60.00 10 96.67 (Ord. No. 1024, § 5(A), 6-12-90) Sec. 16-39.2. Amount of impact fee. Water and sewer impact fees to be charged pursuant to this chapter are set forth in Section 11/2-16.21 of this Code and may be amended from time to time in the manner provided by law. The total impact fee for new development shall be calculated based on ^\ the number of service units or service unit equivalents attribut- able to such new development. (Ord. No. 1024, § 5(B), 6-12-90) Sec. 16-39.3. Time for assessment and collection of impact fees. (a) For new development which was platted prior to June 12, 1990, impact fees for service units for which building permits have not been issued prior to such date shall be assessed as of June 12, 1990. For any such service unit for which a building permit is issued prior to June 12, 1991, the impact fees for such service unit shall be assessed in an amount equal to the impact fees assessed and charged for such service units prior to June 12, 1990,and shall be collected at the time a building permit for such service unit is issued. For any such service unit for which a building permit is issued on or after June 12, 1991, impact fees shall be assessed at the time provided above in the amount spec- ified in Section 11/2-16.21 of this Code,and shall be collected at the time the city issues a building permit for such service unit.In all cases,payment of such impact fees shall be a condition precedent to the issuance of a building permit for any service unit. Supp.No.25 1168 § 16-39.3 WATER AND SEWERS § 16-39.3 (b) For new development platted after June 12, 1990, the im- pact fees attributable to such new development shall be assessed at the time of recordation of a subdivision plat or other plat for said development in the official records of the County Clerk of Tarrant County, Texas. Except as provided by the following sec- tion,impact fees so assessed shall be collected at the time the city issues a building permit for any unit of such new development, and payment of such fee shall be a condition precedent to the issuance of such building permit. (c) For land upon which new development occurs or is proposed to occur without platting,impact fees may be assessed by the city at any time during the development and building process. The impact fees shall be collected either at the time the city issues a building permit for such development or at the time of request for connection or reconnection to the city's water or sewer service system, whichever shall first occur, and payment of such impact fee shall be a condition precedent to the issuance of such building permit or to authorization for connection to city water or sewer service, as applicable. (d) If the building permit for which an impact fee has been paid has expired and a new application is thereafter filed, the impact fees due shall be computed using the impact fee schedule then in effect, with credits for previous payment of fees being applied against the new fees due. (e) Whenever the property owner proposes to increase the number of service units for a development,the additional impact fees assessed for such new service units shall be determined by using the impact fee schedule then in effect, and such additional fee shall be collected at the time of issuance of a new building permit. (f) As used in this section, "assessment" means a determina- tion of the amount of the impact fee in effect on the date or occurrence provided in this section. No specific act by the city is required in order to assess an impact fee. (Ord. No. 1024, § 5(c), 6-21-90; Ord. No. 1026, § 1, 7-10-90) Supp.No.25 1168.1 § 16-39.4 EULESS CODE § 16-39.5 Sec. 16.39.4. Agreements for capital improvements. (a) An owner of a new development may construct or finance a capital improvement or facility expansion designated in the Cap- ital Improvements Plan, if required or authorized by the city, by entering into an agreement with the city prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the city and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to city stan- dards, and such other terms and conditions as deemed necessary by the city.Such agreement shall provide for an offset to be given against the impact fees due for such development and shall pro- vide the method to be used to determine the amount of such offset. (b) In lieu of the offset provisions set forth above, the city may elect to require an owner to pay the applicable impact fees and agree to later reimburse such owner for the dedication, construc- tion or financing of capital improvements or facility expansions designated in the Capital Improvements Plan, such reimburse- ment to come from impact fees paid from other new developments that will use such capital improvements or facility expansions.In this event, the terms of reimbursement shall be incorporated in the agreement required by this section; provided, however, that such fees shall be collected and reimbursed to the owner at the time the other new development records its plat. (Ord. No. 1024, § 5(D), 6-12-90) Sec. 16-39.5. Accounting for impact fees and interest thereon. (a) All water impact fees collected under this chapter shall be deposited into an interest-bearing account clearly identified as a water system capital improvements or facility expansions ac- count and may be spent only for the purposes for which such impact fees were imposed as shown by the Capital Improvements Plan and as authorized by state law. (b) All sewer impact fees collected under this chapter shall be deposited into an interest-bearing account clearly identified as a sewer system capital improvements or facility expansions ac- Supp.No.25 1168.2 § 16-39.5 WATER AND SEWERS § 16-39.7 count and may be spent only for the purposes for which such impact fees were imposed as shown by the Capital Improvements Plan and as authorized by state law. (c) Interest earned on impact fees in each such account shall be considered funds of the account on which it is earned and is sub- ject to all restrictions placed on the use of impact fees under this chapter and state law. (d) Adequate records shall be kept and maintained for said accounts which shall show the source and disbursement of all funds placed in or expended from such account. All such records of the accounts into which impact fees are deposited shall be open for public inspection and copying during regular business hours, subject to the provisions of Chapter 11/2 of this Code concerning cost of copies. (Ord. No. 1024, § 5(e), 6-12-90) Sec. 16-39.6. Variances and waivers. The city council may grant a variance or waiver from any re- quirement of this chapter,upon written request by a developer or owner of property subject to this chapter, following a public hearing, upon a finding that a strict application of such require- ment would result in a confiscation of the property or would re- sult in an unnecessary hardship to the owner of said property; provided, however, that such a variance or waiver shall not be granted to relieve a self-created or personal hardship, nor shall such variance or waiver be granted to permit any person a priv- ilege in developing a parcel of land not permitted by this division to other parcels of land similarly situated. (Ord. No. 1024, § 5(F), 6-12-90) Sec. 16-39.7. Appeals. (a) The property owner or applicant for new development may appeal the following decisions to the city council: (1) The applicability of an impact fee to the development; (2) The amount of the impact fee due; or (3) The amount of a refund due, if any, as provided by state law. Supp.No.25 1168.3 § 16-39.7 EULESS CODE § 16-39.9 (b) The burden of proof shall be on the appellant to demon- strate the inapplicability of an impact fee to the development, that the amount of the impact fee was not calculated according to the applicable requirements of this chapter,or that the amount of the refund due was not calculated in accordance with state law. (c) To perfect such an appeal,the applicant must file a notice of appeal with the city secretary within thirty (30) days following the date of the determination being appealed. If the notice of appeal is accompanied by a bond or other sufficient surety satis- factory to the city attorney in an amount equal to the original determination of the impact fee due,the development application may be processed while the appeal is pending;provided,however, that no building permit shall be issued for such development until such appeal is finally determined by the city council. Such appeal shall be considered to be determined on the date the city council takes a final vote upon the question being appealed. (Ord. No. 1024, § 5(G), 6-12-90) Sec. 16.39.8. No effect on taxes or other charges. This division does not prohibit, affect or regulate any tax, fee, charge or assessment specifically authorized by state law or the Charter or ordinances of the City of Euless, Texas. The fees im- posed by this division are in addition to any other tax, fee,charge or assessment authorized by state law,the Charter or ordinances of the city. This division also does not prohibit, affect or regulate any charges or required construction of improvements for new development for the primary use or benefit of such new develop- ment and which are not included in the Capital Improvements Plan for which an impact fee is not imposed under this division and for which the developer or property owner is solely respon- sible under the subdivision or other applicable ordinances or reg- ulations of the city. (Ord. No. 1024, § 5(H), 6-12-90) Sec. 16-39.9. Authority; application of state law. This division is adopted under the authority and pursuant to the provisions of Chapter 395 of the Texas Local Government Code. Such chapter contains additional provisions applicable to the calculation, assessment, imposition and collection of impact Supp.No.25 1168.4 § 16-39.9 WATER AND SEWERS § 16-40 fees, and concerning the administration of the capital improve- ments program and procedures for updates and amendments to the land use assumptions, Capital Improvements Plan and im- pact fees.All areas covered by such chapter which are not specif- ically addressed in this division shall be governed by the provi- sions of said Chapter 395 of the Texas Local Government Code,as same may be hereafter amended by the Texas Legislature,and by any additional chapters which the Texas Legislature may enact to the Local Government Code concerning impact fees and the Capital Improvements Plan. In the event the Texas Legislature amends said Chapter 395 to change any of the definitions con- tained therein, the definitions of terms contained in this division shall be modified accordingly upon the effective date of such leg- islative amendment. (Ord. No. 1024, § 5(I), 6-12-90) ARTICLE II. WASTEWATER COLLECTION AND TREATMENT DIVISION 1. GENERALLY Sec. 16-40. General provisions. (a) Purpose and policy. This article sets forth uniform require- ments for direct and indirect contributors into the wastewater collection and treatment system for the City of Euless and en- ables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pre- treatment regulations(40 CFR, Part 403). (b) Objectivces. The objectives of this article are: (1) To prevent the introduction of pollutants into the munici- pal wastewater system which will interfere with the oper- ation of the system or contaminate the resulting sludge. (2) To prevent the introduction of pollutants into the munici- pal wastewater system which will pass through the sys- tem, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system. (3) To improve the opportunity to recycle and reclaim waste- waters and sludges from the system. Supp.No.25 1168.5 1 § 16-40 EULESS CODE § 16-40 (4) To provide for equitable distribution of the cost of the municipal wastewater system. (c) Provisions for direct and indirect contributors, authorization for monitoring and enforcement activities, setting of fees, etc. This article provides for the regulation of direct and indirect contribu- tors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users; authorizes monitoring and enforcement activities;requires user reporting;assumes that existing customer's capacity will not be preempted; and provides for the setting of fees for the equitable distribution of costs result- ing from the program established herein. (d) Application. This article shall apply to the City of Euless and to persons outside the city who are,by contract or agreement Supp.No.25 1168.6 CODE COMPARATIVE TABLE Section Ord.No. Date Section this Code 1017 12-12-89 1 11/2-8.71 2 11/2-8.86 3 11/2-8.101 4 P/2-12.14 5 11/2-16.21 6 11/2-20 7 11/2-A 1022 5- 8-90 1 11/2-12.10 1024 6-12-90 3 11/2.16.21 4 16-21 5 16-39.1-16-39.9 1026 7-10-90 1 16-39.3(a) Supp.No.25 1480.1 V CODE INDEX HYDROPHOBIA Section Rabies control.See:Animals and Fowl I IDLE PERSONS Vagrancy provisions applicable to.See:Vagrancy IMPACT FEES Water and sewer impact fees 16-39.1 et seq. Water and sewer.See that title IMPOUNDMENT Vehicles.See:Traffic INDEBTEDNESS OF CITY Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code INDECENCY AND OBSCENITY Obscene publications Certain crime publications prohibited 11-32 Definitions 11-30 Minors,displaying to 11-15 Presumption from displaying 11-34 Prohibited 11-31 Scope of provisions 11-33 Violations,penalties 11-35 Swiintning pools,indecent exposure at 11-4 Vagrancy provisions applicable to.See:Vagrancy INDUSTRIAL WASTES.See:Water and Sewers INFECTIOUS DISEASES.See:Disease Control INFLAMMABLES Fire prevention regulations.See:Fire Prevention INJURY Liability of city for claims of property damage or personal injury 2-12 INOCULATION Dogs,rabies control.See:Animals and Fowl INOPERATIVE VEHICLES Disposal.See:Abandoned,Derelict,Lost Personal Property INSECT CONTROL Pest control operators.See that title Supp.No.25 1519 EULESS CODE �1 INSURANCE Section Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title INTERSTATE COMMERCE Peddlers provisions. See:Peddlers,Canvassers and Solicitors ITINERANT SALESMEN Peddlers,canvassers and solicitors.See that title J JOINT OWNER Owner defined re 1-3 JUDGES Municipal court judges.See:Municipal Court JUKEBOXES Coin-operated machines and devices. See that title JUNK Abandoned,derelict,lost personal property.See that title JUNKED VEHICLES Abandoned,derelict,lost personal property.See that title JURISDICTION Air pollution provisions.See:Air Pollution Control JUVENILES. See:Minors L LAND Owner defined re 1-3 LANED ROADWAYS Traffic regulations.See:Traffic LAW ENFORCEMENT.See:Police Department LAWNS Park lawn,destruction.See:Parks and Recreation LAWS OF CITY Code of ordinances.See that title LIABILITY Liability of city for claims of property damage or personal in- jury 2-12 Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title Supp.No.25 1520 ^\ CODE INDEX LIBRARIES Section Board Created,membership 12-31 Functions 12-32 Organization 12-32 Department,director 12-30 Fees, expense charges and fines for use of facilities and mate- rials 1'/2-12.34, 12-34 Willful damage or injury to library materials 12-33 Supp.No.25 1520.1 CODE INDEX \\....., VIOLATIONS Section General penalties for violations of code.See:Code of Ordinances Offenses.See that title VOLATILES Transportation,handling,etc.See:Fire Prevention W WAGERING Bookmaking.See that title WALLS.See:Fences,Walls,Hedges and Enclosures WANDERERS OR STROLLERS Vagrancy provisions applicable to.See:Vagrancy WARDENS Animal warden.See:Animals and Fowl WATCHMEN Private detectives and special officers.See that title WATER AND SEWERS Billing.See within this title:Fees,Rates and Charges Charges.See within this title:Fees,Rates and Charges Connections Fees 11-16.21,16-21 Service connections 16-5 �--- Delinquency.See within this title:Fees,Rates and Charges Emergency powers of mayor 16-4 Falsifying information 16.10(b) Fees,rates and charges Billing 16-6 Connection fees and impact fees 11-16.21,16-21 Delinquency and service discontinuance 16-7 Impact fees 13/2-16.21,16-21 Accounting for 16-39.5 Agreements for capital improvements 16-39.4 Amount 16-39.2 Appeals 16-39.7 Authority 16-39.9 Collection 16-39.1 Connection and impact fees 11/2-16.21, 16-21 Definitions 16-39.1 Interest on 16-39.5 No effect on taxes,other charges 16-39.8 State law,application 16-39.9 Supp.No.25 1557 EULESS CODE WATER AND SEWERS—Cont'd. Section Taxes,other charges Effect of 16-39.8 Time for assessment 16-39.3 Variances,waiver 16-39.6 Industrial cost recovery 16-26 Location changes 16-2 Miscellaneous fees 1'/-20 Monitored group class 1' -16.25,16-25 Purpose 16-20 Reconnection of service 11-16.24, 16-24 Schedule of monthly rates .. 11-16.23,16-23 Wastewater collection and treatment ... 16-40(c) Water deposits .. 11-16.22,16-22 Flood damage prevention.See that title Impact fees. See within this title:Fees,Rates and Charges Industrial cost recovery 16-26 Location changes 16-2 Mayor's emergency power 16-4 Meters Water metering or wastewater metering required 16-9 Penalty;costs 16.10 Permits Wastewater discharge permits.See within this title:Waste- water Collection and Treatment Rates and charges.See within this title:Fees,Rates and Charges Rules,regulations,policies and procedures 16-1 Service connections 16-5 Sewage service Outside city limits 16-8 Wastewater collection and treatment. See within this title that subject Subdivision improvements.See:SUBDIVISIONS Swimming pools.See that title Theft of city services 16-3 Utilities.See also that title Extensions of facilities without authority 13.2 Streets and sidewalks.See also that title Wastewater collection and treatment Abbreviations 16-42 Accidental discharges 16-61 Application of provisions 16-40(d) City's right of revision 16-59 Confidential information 16-75 Definitions 16.41 Direct and indirect contributors Provisions for 16-40(c) Supp.No.25 1558 CODE INDEX WATER AND SEWERS—Cont'd. Section Discharge prohibitions General 16-55 Excessive discharge 16-61) Federal categorical pretreatment standards 16-56 Modification 16-57 Fees Setting 16.40(c) Harmful contributions 16-76 Inspection and sampling 16-73 Legal action 16-80 Metering required 16-9 Monitoring and enforcement Authorization 16-40(c) Monitoring facilities 16-72 Objectives 16-40(b) Permits.See within this subtitle:Wastewater Discharge Permits Pretreatment 16-74 Purpose and policy 16-40(a) Supp.No.25 1558.1