HomeMy WebLinkAboutOrdinance No. 03-1489 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, PROVIDING FOR THE
ESTABLISHMENT OF "THE COLONY MUNICIPAL STORM
WATER UTILITY SYSTEM"; MAKING CERTAIN FINDINGS
AND RECITALS IN REGARD TO SAID SYSTEM; AND
ENACTING PROVISIONS INCIDENT AND RELATING TO THE
SUBJECT AND PURPOSES OF THIS ORDINANCE; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government
Code known as the Municipal Drainage Utility Systems Act (the "Act"), the City Council
of the City of The Colony, Texas (the "City"), is authorized and empowered to adopt the
Act; and
WHEREAS, the Act requires that the City, through its governing body, must find
that the City will (i) establish a schedule of drainage charges against all real property in
the municipality subject to the charges under the Act; (ii) provide drainage for all real
property in the City on payment of drainage charges, except real property exempted
under state law, and (iii) offer drainage and on nondiscriminatory, reasonable, and
equitable terms; and
WHEREAS, the Act requires that prior to enacting the ordinance adopting the
provisions of the Act, the governing body must publish a notice in a newspaper of general
circulation in the City stating the time and place of a public hearing to consider the
proposed ordinance; and
WHEREAS, the City has satisfied the procedural requirements established by the
Act as condition precedent to the adoption of this ordinance; and
WHEREAS, the City has found and determined and does hereby find and
determine that it is appropriate to adopt the act and to establish a municipal storm water
utility system as provided in the Act; and
WHEREAS, the City has further found and determined and does hereby further
find and determine the drainage of the City to be a public utility within the meaning of
the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS;
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SECTION 1. That the preambles of this ordinance set forth above are hereby
incorporated by reference as if fully set forth herein and are true and correct findings and
determinations of the City.
SECTION 2. That the Act is hereby adopted and shall be fully implemented as
provided by the Act and by the City Council, and the drainage of the City is hereby found
to be a public utility within the meaning of the Act.
SECTION 3. That the City will provide drainage and storm water management
for all real property within its boundaries which is established as the 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.
SECTION 4. That the City is hereby authorized to bill the drainage charges
incurred as a result of the adoption of the Act and establishment of the municipal storm
water utility system thereunder with its other public utility billings, the drainage charge to
be separately identified.
SECTION 5. That upon passage of this ordinance, the City may levy a schedule
of storm water fees upon satisfaction of the procedural requirements provided in the Act.
SECTION 6. Existing drainage facilities, materials and supplies of the City are
hereby incorporated into the storm water utility system.
SECTION 7. That the City is authorized to exempt certain entities or persons
from all ordinances, resolutions and rules 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.
SECTION 8. This ordinance shall be and is hereby declared to be cumulative of
all other ordinances of The City of the Colony, and this ordinance shall not operate to
repeal or affect any of such other ordinances except insofar as the provisions thereof
might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any, such other ordinances, or ordinances are hereby
repealed.
SECTION 9. 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 jur/sdiction 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
authority's decision or enactment.
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SECTION 10. That this Ordinance shall take effect immediately from and after
its passage and publication in accordance with state law.
PASSED AI~,APPROVED by the City Council of the City of The Colony,
Texas, this the /_~4- day of ~F_~-~/~c.tS£W_~ ,2003.
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ATTEST:
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Patti A. Hicks, TRMC, City Secretary
(SEAL)
Robert E. Hager
City Attomey ~
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