HomeMy WebLinkAboutOrdinance No. 04-1571 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~)/~ ]~ f]l
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS AMENDING CHAPTER 12 OF THE
CITY'S CODE OF ORDINANCES BY ADDING SECTION 12-108
TO ARTICLE VI, PROVIDING FOR THE ESTABLISHMENT OF
THE COLONY MUNICIPAL STORM WATER UTILTIY
SYSTEM; ESTABLISHING A SCHEDULE OF STORM WATER
CHARGES FOR THE CITY OF THE COLONY MUNICIPAL
STORM WATER UTILITY SYSTEM AGAINST ALL REAL
PROEPRTY WITHIN THE CITY OF THE COLONY, TEXAS,
SUBJECT TO SUCH CHARGES UNDER SECTION 402.041, ET
SEQ., SUBCHAPTER C OF CHAPTER 402 OF THE TEXAS
LOCAL GOVERNMENT CODE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on or about September 15, 2005, thc City of The Colony adopted
Ordinance No. 05-1489 which provided for thc establishment of "The Colony Municipal
Storm Water Utility System"; and
WHEREAS, thc City finds it necessary to establish storm water utility fees; and
WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government
Code known as thc Municipal Drainage Utility Systems Act (the "Act"), the City Council
of the City of Thc Colony, Texas (the "City"), has established a schedule of storm water
utility fees against all real property in thc proposed service area subject to charges under
this Ordinance; and
WHEREAS, thc City Council hereby finds that thc storm water utility fccs set by
staff arc reasonable and necessary for thc support of thc Municipal Storm Water Utility
System.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS;
SECTION 1. The Municipal Utilities and Services Chapter of thc Code of
Ordinances of thc City of The Colony, Texas, is hereby amended by amending Article VI
by adding Section 12-108, entitled Municipal Utility Drainage Systems, so that hereafter
said section shall be and read as follows:
"Sec. 12-108. Municipal Utility Drainage System.
a. Establishment.
Page 1
NJDHS.65408
(1) That the storm water drainage of the City is hereby found to be a public utility
within the meaning of the Act and is hereby established as the Municipal
Drainage Utility System.
(2) That the City will provide drainage and storm water management within its
boundaries which is established as a single service area of the system, upon
payment of the determined drainage charges, as defined in the Act, and
excluding certain exempted real property; and, the fees, assessments, and
charges will be based on non-discriminatory, reasonable, and equitable terms.
(3) Existing drainage facilities, materials and supplies of the City are hereby
incorporated into the storm water utility system.
(4) That the City is authorized to exempt certain entities or persons from all
ordinances, resolutions and roles which the City may adopt from time to time
in connection with the adoption of the Act and the establishment of its
municipal utility drainage system.
(b) Municipal Drainage Utility Fees:
(1) There shall be assessed a monthly fee in an amount provided herein for the
Municipal Drainage Utility System. The fee shall be assessed to one utility
account for each eligible developed property. The City Manager is authorized
to collect such fees in a manner consistent with this Chapter, the City Charter
and State Law. The storm water utility fee will be separate line item on the
utility statement and shall be clearly identified as a separate fee.
(2) Schedule of Municipal Drainage Utility Fees:
A. The fees established herein are based on the calculation of the inventory of
lots and tracts within the service area, having taken into consideration the
size and impervious area on the benefited property. Based thereon, the
City shall fix the following rate:
Residential Unit:
Each residential single family unit, town home,
duplex, or manufactured home: $2.50 per account
B. There is hereby established an equivalency unit (hereinafter "ERU") for
non-residential property which is based on the storm water discharge from
an average impervious area of 3,500 square feet per single family
residential unit, which is as follows:
Non-Residential Unit:
Page 2
NJDHS.65408
Each multi-family or non-residential unit: $2.50 per ERU
An ERU is an equivalent residential unit and is equal to the storm water
discharge from 3,500 square feet of impervious area.
(3) Except as otherwise provided by this articles, billing, fees, and collection
procedures shall be consistent and due with that of the water and sewer
services.
(4) Municipal drainage utility fees shall be identified separately on the utility
billing. Billing shall be consistent with V.T.C.A., Local Government Code, §
402.048.
(5) A delinquent fee in the amount of ten percent (10%) of the monthly
outstanding fee is hereby assessed. Said delinquency shall be assessed on the
15th day of the month following the due date and shall be collected in a
manner consistent with V.T.C.A., LOCAL GOVERNMENT CODE, § 402.050.
(6) From time to time the City Manager or his designee(s) shall adopt rules for the
administration of the municipal drainage utility fee subject to Council
approval. These rules shall include a process for the appeal of the storm water
fee as it is applied to an individual property."
SECTION 2. The provisions of this Ordinance are severable. However, in the
event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or
is declared or determined by a judicial, administrative or legislative authority exercising
its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in
whole or in part, the remaining and lawful provisions shall be of full force and effect and
the City shall promptly promulgate new revised provisions in compliance with the
authorities decision or enactment.
SECTION 3. All rights and remedies of the City of The Colony, Texas are
expressly saved as to any and all violations of the provisions of any other ordinance
affecting development and land use which have secured at the time of the effective date
of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the court.
SECTION 4. This Ordinance shall become effective from and after its date of
passage in accordance with law.
Page 3
NJDHS.65408
PASSED AND APPROV~I~D by the City Council of the City of The Colony,
Texas, this the /~9 day of /'~ A ~a ~ ~ ,2004.
Jo~ bi~-h}d[, MFyo-r--
ATTEST:
'gbri~stie Wilson, City Secretary
(SEAL)
Robert E. Hag~r~
City Attorney
(REH/cdb [revised 06/07/04] 65408)
Page 4
NJDHS.65408