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HomeMy WebLinkAbout2001-428ORDINANCE NO 2001- oZ AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING SUBCHAPTER C, SECTIONS 402 041 THROUGH 402 054 INCLUSIVE, OF THE TEXAS LOCAL GOVERNMENT CODE ENTITLED THE "MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT," AS CHAPTER 26, ARTICLE IV, SECTIONS 26-129 THROUGH 26-142 OF THE COPE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE RECOGNITION OF THE DRAINAGE FUNCTION OF THE CITY OF DENTON WASTEWATER UTILITY, PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has carefully considered the public health and safety needs of the residents of the City of Denton and desires to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, pollution ansing from non -point source runoff, and other drainage factors and conditions which occur within the boundaries of its established service area, and WHEREAS, the drainage needs of the City were first seriously addressed in the 1930's by the Works Progress Administration and by the City, thereafter, the City has experienced incredible growth, a,� have its wastewater needs, and over the last sixty-five years, the City has always attempted) to be innovative in its approach to its drainage utility problems For a number of years, all drainage -related engineering, design, and construction activities were provided by the City Public Works Department, and WHEREAS, beginning in 1990, the operations and maintenance portion of the drainage utility budget moved to Community Services, in 1992, to the Denton Utilities Department, Water Division, and later, to the Denton Utilities Department, Wastewater Division, and WHEREAS, from and after 1998, the drainage function has effectively continued its operation as a public utility, solely within the City's Wastewater Utility System organization as all elements,, including the element of financial liability for all drainage activities and functions, both past and present in scope, was vested solely in the Wastewater Utility System, and WHEREAS, the City has existing drainage facilities, materials, and supplies which it will formally itransfer into the drainage function of the City's Wastewater Utility System, if it has not already done so, and WHEREAS, a much more serious commitment to drainage issues will be required by the Stone Water Program, Phase II, of the United States Environmental Protection Agency, which requires significant action, expenditures and commitment by the Drainage Division of the Wastewater Utility System, by the year 2003, to the problems attendant thereto, and WHEREAS, at this time the City Council finds that it is appropriate to formally recognize the drainage function of the City's Wastewater Utility in order to efficiently administer the City's drainage program on a full-time, committed basis, and the City Council further concludes that its action in recognizing the drainage function of the City's Wastewater Utility System as a public utility, is not the creation of any new or other public utility requiring any City of Denton Charter election, but a confirmation of the existence of an existing public utility, and WHEREAS, the City Council, as permitted by law, desires to adopt the "Municipal Drainage Utility Systems Act," [as provided by §§402 041 - 441 054 of the Texas Local Government Code, as amended], into its Code of Ordinances in order to effect such action, and WHEREAS, as required by §402 042(a) of the Texas Local Government Code, the City Council hereby makes the following findings of fact, to wit • That it should recognize the existence of a municipal drainage function of the wastewater utility system within its established service area, • That it should provide rules for the use, operation, and financing of the system, • That it should protect the public health and safety in the City from loss of life and property caused by surface water overflows, surface water stagnation, and pollution ansmg from non -point source runoff within the boundaries of the established service area, • That it shall declare and, after a public hearing, formally recognize a drainage system created under Subchapter C [§§ 402 041 - 402 054, Texas Local Government Code, as amended], as a function of its Wastewater Utility, a public utility, • That it shall prescribe the basis upon which a municipal drainage system may be funded, and it shall prescribe the basis upon which fees in support of the system may be assessed, levied, and collected, • That it shall consider providing exemptions of certain persons, governmental entities and certain types of property from the fee, as enumerated in §402 053, Texas Local Government Code, and • That it shall prescribe other rules related to the subject of municipal drainage WHEREAS, notice of a public hearing by the Council has been published, as required pursuant to Section 402 045(c), Subchapter C, of the Texas Local Government Code, in the Denton Record Chronicle on three (3) separate occasions, the first publication which occurred more than thirty (30) days prior to the date of the public hearing, and on this date the public hearing was duly and regularly scheduled, with proper notice being given in accordance with the Texas Open Meetings Act [Texas Government Code, Section 551], a public hearing was properly convened by a quorum of the Council then being present, upon completion of the public hearing, the Mayor announced that the public hganng would be closed, the Council then conducted its vote, and passed this ordnance by a vote of Y' and WHEREAS, the Council, finding that this ordinance is in the best interests of the residents of the City of Denton to recognize and confirm the existence of a drainage function of the City's Wastewater Utility System that is regularly provided by the City through municipal property V, dedicated to that service to the users of all benefited property within the service area, and have accordingly, hereby adopted the same, and the Council shall hereafter propose a schedule of rates for the drainage function of the City's Wastewater Utility, and shall thereafter provide notice of a public hearing, as required by law, pursuant to Section 402 045(d), Subchapter C, of the Texas Local Government Code, and WHEREAS, the Council finds that the City is eligible to formally recognize and confirm the existence of the drainage function of the Wastewater Utility System, a public utility, as permitted by §402 043 of the Texas Local Government Code, and the Council desires to do so NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SFCTTON 1. That the requirements, significant recitations, and findings stated heremabove in the Preamble are incorporated by reference into this Ordinance for all purposes pertinent SECTION 2_ That the City Council finds and directs that • The City will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under Subchapter C, §§402 041 — 402 054 of the Texas Local Government Code, • The City will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Subchapter C, §§402-041— 402 054 of the Texas Local Government Code, and • The City will offer drainage service on nondiscriminatory, reasonable, and equitable terms gFCTTON 3. That the City Council hereby adopts and incorporates the provisions of Subchapter C, Texas Local Government Code 0402 041 through 402 054), as amended (the "Municipal Drainage Utility Systems Act"), as Chapter 26, Article IV, Sections 26-129 through 26- 142 of the City of Denton Code of Ordinances gFCTI A That the City Council hereby declares, recognizes and confirms the existing drainage function of the Wastewater Utility, to be a public utility gRCTION 5. That in accordance with the provisions of §402 046 of the Texas Government Code, the City shall incorporate existing drainage facilities, materials, supplies, and other properties into the drainage function of the Wastewater Utility System SFCTTnN 6 That the income of the drainage function of the Wastewater Utility System, as hereby declared and recognized, must be segregated and completely identifiable in municipal accounts, and that all other provisions of §402 049 of the Texas Local Government Code, as amended, shall be applicable 3 SECTION 7- That the City Council, by ordinance, may adopt and enforce such other and further rules as it considers appropriate to operate the drainage function of the Wastewater Utility System, in accordance with §402 045(e) of the Texas Local Government Code SECTION R- That the City Council shall, after the passage of this ordinance, consider the passage of a further ordinance establishing a schedule of drainage charges, which shall include proper advance published notice of, and a public hearing before the City Council on the proposed schedule of rates before the drainage charges are levied, all in accordance with §402 045(d) of the Texas Local Government Code SECTION 9 That upon passage of the further ordinance providing for the schedule of drainage charges, as referenced in Section 8 hereinabove, the drainage charge may be reflected and identified as a separate line item on each customer's utility bill SECTTON 10_ That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms of provisions contained in the above ordinance, are hereby repealed to the extent of any such conflict SECTION 1 1. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SFCTION 12. That this ordinance shall become effective upon its passage and approval PASSED AND APPROVED this the 64 day of Xmix u _ _, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY .. �•VED AS T• • By ocuMents\Ot ances\0 rmagSS Our �e F130tion of Wastewater Utility System 2001 11 doe