NOTICE OF ORDINANCES: City of Wilmer, Texas Ordinance No. O2025-1016A (1)

Publish three times in The Ellis County Press on Thursday, Sept. 11, 2025, Thursday, Sept. 18, 2025, and Thursday, Sept. 25, 2025.

ORDINANCE NO. O2025-1016A

AN ORDINANCE OF THE CITY OF WILMER, TEXAS, AMENDING CHAPTER 13 “UTILITIES” OF THE CODE OF ORDINANCES OF THE CITY OF WILMER, TEXAS, BY ADDING ARTICLE XI “DRAINAGE UTILITY FEES”; DIVISON 2 ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM FEE; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Wilmer, Texas has previously investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wilmer, Texas to promote the public health, safety and welfare of the citizens to adopt a Municipal Drainage Utility System; and

WHEREAS, the City Council has created a Municipal Drainage Utility System as authorized by Chapter 552, Subchapter C, Texas Local Government Code, as amended, (“the Act”) pursuant to Ordinance No. O205-1016A which is to be codified as Chapter 13, Article X, Division 1 of the Code of Ordinances; and

WHEREAS, pursuant the Act, the City Council has investigated and determined that a schedule of drainage fees shall be applied against all real property in the proposed service area(s); and

WHEREAS, the City Council further finds that it would be in the best interest of its citizens to amend the Code of Ordinances to adopt the drainage utility system charges to be collected in support of operation of the City’s drainage utility system:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILMER, TEXAS, THAT:

SECTION 1. Chapter 13, Article X, Division 1, “Municipal Drainage Utility System,” of the Code of Ordinances of the City of Wilmer, Texas, is amended by adding Division 2 “Municipal Drainage Utility Fee Schedule” to read as follows:

Division 2. Municipal Drainage Utility System Fee Schedule

Sec. 13.10 Establishment of Drainage Utility Fee.

The drainage utility fee set forth in Division 2 is adopted pursuant to Sec. 13.09 and shall be collected through the City’s bill for public utilities pursuant to the Act, Division 1 of this Article, and other applicable law.

Sec. 13.20. Impervious Area; Fee Assessed.

(a) Drainage utility fees shall be charged based on a property’s contribution to the public drainage utility system. The contribution shall be based on the impervious area for the property.

(b) The drainage utility fee, payable monthly, shall be established with respect to all property according to the following schedule:

*ERU (Equivalent Residential Unit) = 3,100 square feet impervious area

(c) A minimum charge of one (1) ERU shall be applied to each non-exempt non-single family residential developed property, regardless of classification.

Sec. 13.21 Exemptions.

State Mandated Exemptions: The following property shall not be assessed a drainage utility fee, as required by section 552.053, subchapter C of Texas Local Government Code, and section 580.003 of Texas Local Government Code:

Property held and maintained in its natural state, until such time that the property is developed and all the public infrastructure constructed has been accepted by the City in which the property is located for maintenance;

A subdivided lot, until a structure has been built on the lot and a Certificate of Occupancy has been issued by the City;

Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; State property; and Public or private institutions of higher education property.

SECTION 2. All provisions of the ordinances of the City of Wilmer in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Wilmer not in conflict with the provisions of this Ordinance shall remain in full force and effect.

SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.

SECTION 4. This ordinance shall become effective October 1, 2025, after its passage and the publication of the caption of said ordinance as the law and the City Charter in such cases provides.

DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WILMER, TEXAS, ON THE ___ DAY OF ______, 2025.

ATTEST: APPROVED: City Secretary, Mayor

APPROVED AS TO FORM: City Attorney