PUBLIC HEARING NOTICE ON A PROPOSED ORDINANCE (b) The drainage utility system fee, payable monthly, is hereby established with respect to all benefitted property according to the ESTABLISHING A SCHEDULE OF DRAINAGE CHARGES following schedule: FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEM The City Council of the City of Burleson, Texas will hold a Public Hearing during a Regular Meeting on September 8, 2026, at 5:30 Property Type Impervious Area (sq. ft.) Monthly Drainage Utility System Fee p.m. in the Burleson City Council Chambers at Burleson City Hall located at 141 W. Renfro St, Burleson, Texas, to hear public opinion Single-Family Residential, Duplex, Triplex, regarding the adoption of a proposed Ordinance to establish a schedule of drainage charges for the municipal drainage utility system and Quadplex of the City of Burleson. Tier 1 <2,401 $4.94 (0.62 ERU*) Tier 2 Between 2,401-5,300 $8.00 (1 ERU*) This notice is being published in accordance with the public notice requirements set forth in Subchapter C of Chapter 552, Local Tier 3 >5,300 $15.00 (1.88 ERU*) Government Code, V.T.C.A. for public hearings. As required by the aforementioned statute, this public notice is being published in a newspaper of general circulation to the residents of the City of Burleson prior to the date of the public hearing and is the third and All Other Non-Exempt Property Varies, but no less than $8.00 (1 ERU*) final notice published before the scheduled hearing. *ERU (Equivalent Residential Unit) = 3,500 square feet impervious area All interested persons are encouraged to attend the public hearing and express their opinions on the proposed Ordinance. Council (c) A minimum charge of one (1) ERU shall be applied to each non-exempt non-single family residential developed property, may vote on the proposed Ordinance immediately following the public hearing. regardless of classification, in whole ERU increments. The entire proposed Ordinance to establish a schedule of drainage charges for the municipal drainage utility system of the City of Sec. 82-422. Exemptions. Burleson is provided herewith, in accordance with requirements set forth in Subchapter C, Chapter 552, Local Government Code, V.T.C.A.: (a) State Mandated Exemptions: The following property shall not be assessed a drainage utility system fee, as required by Section 552.053, Subchapter C of the Texas Local Government Code, and Section 580.003 of the Texas Local Government Code: ORDINANCE (1) Property held and maintained in its natural state, until such time that the property is developed and all of the public AN ORDINANCE OF THE CITY OF BURLESON, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING infrastructure constructed has been accepted by the City in which the property is located for maintenance; ARTICLE VII “MUNICIPAL DRAINAGE UTILITY SYSTEM” OF CHAPTER 82 “UTILITIES” TO ADD DIVISION 2 “MUNICIPAL DRAINAGE UTILITY SCHEDULE OF DRAINAGE CHARGES” ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM (2) A subdivided lot, until a structure has been built on the lot and a Certificate of Occupancy has been issued by the FEE; PROVIDING A SCHEDULE OF DRAINAGE CHARGES; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING A City; CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (3) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; WHEREAS, the City of Burleson, Texas (the “City), is a home rule city acting under its charter adopted by the electorate pursuant to (4) State property; and Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and (5) public or private institutions of higher education. WHEREAS, the City Council of the City of Burleson, Texas has previously investigated and determined that it would be advantageous and beneficial to the citizens of the City of Burleson, Texas to promote the public health, safety and welfare of the citizens to adopt (b) Additional Exemptions: As permitted by Section 552.053, Subchapter C of Texas Local Government Code, and Section 580.003 a Municipal Drainage Utility System; and of the Texas Local Government Code: the City has determined the following property shall be exempt from the drainage utility system fee as set forth below: 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. _____________, which is to be codified as Chapter 82, (1) Property owned by a religious organization that is exempt from taxation pursuant to Section 11.20 of the Texas Tax Article VII, Division 1 of the Code of Ordinances of the City of Burleson; and Code shall receive a partial exemption of seventy-five percent (75%) of the drainage utility system fee assessed by Sec. 82-421. WHEREAS, the City Council finds that it held a public hearing on a proposed ordinance establishing a municipal drainage utility system fee and providing for exemptions and credits prior to the adoption of this Ordinance; and (c) A person or entity that owns or occupies a benefitted property and/or the account holder has the burden of proof when claiming an exemption under this Article and must provide the Director of Public Works with information reasonably required by the Director of WHEREAS, prior to the public hearing, the City Council finds that the City published notice of the time and place of the public Public Works to make a determination. Failure to timely provide information requested by the Director of Public Works is a sufficient hearing on this Ordinance three separate times in the Fort Worth Star-Telegram, a newspaper of general circulation in the corporate reason to deny a requested exemption.” boundaries of the City, with the first published notice occurring on or before the thirtieth day before the date of the public hearing, and such published notice included the terms of the proposed ordinance establishing a municipal drainage utility system fee and SECTION 2. The findings and recitals set forth above are incorporated into the body of this Ordinance as if fully set forth herein. providing for exemptions and credits in full as well as the proposed schedule of drainage charges; and SECTION 3. This Ordinance shall be cumulative of all provisions of ordinances of the City, except where the provisions of this WHEREAS, pursuant the Act, the City Council has investigated and determined that a schedule of drainage charges shall be applied Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances against all eligible benefitted properties in the service area; and are hereby repealed. WHEREAS, the City Council further finds that the City, using approved tax plats and assessment rolls, conducted a comprehensive SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and inventory of the lots and tracts in the service area of the Municipal Drainage Utility System, locating over eighteen thousand different sections of this Ordinance are severable and if any phrase, clauses, sentence, paragraph, or section of this Ordinance shall be parcels; and declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have WHEREAS, the City Council further finds that the City used this inventory to establish an Equivalent Residential Unit (“ERU”) as been enacted by the City Council without the incorporation in its ordinance of any such unconstitutional phrase, clause, sentence, set forth in this Ordinance and Ordinance No. __________ based on the median impervious area of residential properties, thereby paragraph, or section. creating a consistent and nondiscriminatory unit of measurement for comparing residential and non-residential properties, and is set at $8.00 per ERU; and SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. WHEREAS, the City Council further finds that the City further analyzed the distribution of impervious area across residential and non-residential parcels, reviewed land-use characteristics, and prepared classifications and tiers as set forth in this Ordinance and SECTION 6. The City Secretary shall provide for the publication of this ordinance after its passage and as provided by law. Ordinance No. __________ that treat similar properties in a nondiscriminatory, equitable, and reasonable manner; and SECTION 7. This Ordinance shall become effective October 1, 2026, after its passage and the publication of the caption of said WHEREAS, in setting the schedule of drainage charges, the City Council further finds and determines that the drainage charges ordinance as the law and the City Charter in such cases provides. set forth are not based on the value of the benefitted property, but on a basis directly related to drainage through the ERU for the charge; and AND IS SO ORDAINED. WHEREAS, in setting the schedule of drainage charges, the City Council further finds that the City completed a cost-of-service First Reading: the ________ day of __________________________, 20_____. analysis to determine the appropriate level of funding by identifying existing stormwater system operations and maintenance needs, future service level demands, capital improvement needs, and regulatory compliance obligations; and Final Reading: the ________ day of __________________________, 20_____. 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 PASSED AND APPROVED this the ________ day of ______________, 20____. the drainage utility system charges to be collected in support of the service, operation, construction, repair, and maintenance of the municipal drainage utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS, THAT: _____________________________________ Chris Fletcher, Mayor (Seal) SECTION 1. Article VII, “Municipal Drainage Utility System,” of Chapter 82, “Utilities,” of the Code of Ordinances of the City of Burleson, Texas, is amended by adding Division 2 “Municipal Drainage Utility Schedule of Drainage Charges” to read as follows: Division 2. Municipal Drainage Utility Schedule of Drainage Charges Sec. 82-420. Establishment of Drainage Utility System Fee. ATTEST: APPROVED AS TO FORM: The drainage utility system fee set forth in this Division 2 is adopted as a drainage charge pursuant to Sec. 82-405 and shall be collected through the City’s bill for other public utilities pursuant to the Act, Division 1 of this Article, and other applicable law. ___________________________________ ____________________________________ Sec. 82-421. Impervious Area; Fee Assessed. Amanda Campos, City Secretary E. Allen Taylor, Jr., City Attorney (a) Drainage utility system fees shall be charged based on a property’s contribution to the municipal drainage utility system. The contribution shall be based on the impervious area for the benefitted property.