2001-428 ORDINANCE NO 2001- ~a~ ~
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 COI~E 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 reslder~ts 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 arising from
non-point source runoff, and other drainage factors and conditions which occur within the boundaries
of its established service area, and
WHEREAS, the draanage needs of the City were first seriously addressed in the 1930's by
the Works Progress Admlmstratmn and by the Caty, thereafter, the C~ty has experienced incredible
growth, as have its wastewater needs, and over the last sixty-five years, the City has always
attemptedlto be innovative m its approach to its drmnage utility problems For a number of years, all
dralnage-eelated engmeenng, design, and construction activities were provided by the City Public
Works D~artment, and
WHEREAS, begmmng in 1990, the operations and mmntenance portion of the drmnage
utlhty budget moved to Commumty Sen, lees, m 1992, to the Denton Utlhtms Department, Water
Dlvlsaon, ~and later, to the Denton Utthties Department, Wastewater Division, and
WHEREAS, from and after 1998, the drainage function has effectively continued its
operation as a public utility, solely w~thln the City's Wastewater Utlhty System orgamzatlon as all
elements,, including the element of financial liability for all drmnage activities and functions, both
past and present in scope, was vested solely m the Wastewater Utility System, and
WHEREAS, the City has emstang drainage facthtles, materials, and supphes which it will
formally ~transfer into the drmnage functaon of the City's Wastewater Utlhty System, if it has not
already done so, and
WHEREAS, a much more serious commitment to drainage issues will be required by the
Storm Water Program, Phase II, of the United States Environmental Protection Agency, which
requires significant action, expenditures and commitment by the Drmnage Dlvlmon of the
Wastewater Utility System, by the year 2003, to the problems attendant thereto, and
WHEREAS, at this tmae the City Council finds that it is appropriate to formally recognize
the drainage function of the City's Wastewater Utility in order to effimently admlmster the C~ty's
drmnage program on a full-time, committed basis, and the City Council further concludes that its
action in recogmzmg the drainage function of the City's Wastewater Utility System as a pubhc
utility, is not the creation of any new or other pubhc utihty requlnng any Clty of Denton Charter
election, but a confirmation of the existence of an existing pubhc 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 anaended], into its Code of Ordinances m order to effect such action, and
WHEREAS, as reqtured 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 recogmze the existence of a municipal drainage function of the
wastewater utility system wltlun ~ts 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
arising from non-point source runoff within the boundaries of the established service
· That it shall declare and, after a public heanng, 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 Utihty, a public utility,
· That ~t shall prescribe the basis upon wtuch 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 cullacted,
, 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 ofmumclpal drainage
WHEREAS, notice of a pubhc heanng 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 ~hromcle on three (3) separate occasions, the first publication which occurred more than
thirty (30) days prior to the date of the pubhc heanng, and on th~s date the public heanng was duly
and regularly scheduled, with proper not, ce being given in accordance with the Texas Open Meetings
Act [Texas Government Code, Section 551], a public heanng was properly convened by a quorum of
the Cour~efl then being present, upon completion of the pubhc heanng, the Mayor announced that the
public h~ann~, would be closed, the Council then conducted its vote, and passed this ordinance by a
vote of ~-['~ ~ , and
WHEREAS, the Council, finchng that this orchnance is in the best Interests of the residents
of the City of Denton to recogmze and confirm the existence of a drainage function of the City's
Wastewater Utility System that is regularly provided by the City through mumclpal property
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dedicated to that service to the users of all benefited property within the service area, and have
accorchngly, hereby adopted the same, and the Council shall hereafter propose a schedule of rates for
the drainage functaon of the C~ty's Wastewater Utthty, and shall thereafier provide not,ce of a pubhc
heanng, as reqmred by law, pursuant to Section 402 045(d), Subchapter C, of the Texas Local
Govemmeat Code, and
WHEREAS, the Council finds that the City is ehgtble to formally recognize and
confirm the existence of the drmnage function of the Wastewater Utlhty System, a public utthty, as
permitted by §402 043 of the Texas Local Government Code, and the Council desires to do so
NOW TItEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S]~.C~TIC)N 1. That the reqmrements, s~gmficant recitations, and findings stated
herelnabove m the Preamble are incorporated by reference ~nto this Ordinance for all purposes
pertinent
SEC_ff_IflSLZ That the C~ty Cotmcfl finds and directs that
The C~ty will estabhsh a schedule of drmnage charges agmnst 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 drmnage charges, except real property exempted under Subchapter C,
§§402-041 - 402 054 of the Texas Local Government Code, and
· The C~ty will offer drmnage servme on nondiscriminatory, reasonable, and equitable
to. il'Is
.qI~.CTION 3. That the C~ty Council hereby adopts and incorporates the provisions of
Subchapter C, Texas Local Government Code (§402 041 through 402 054), as amended (the
"Munmlpal Drmnage Utthty Systems Act"), as Chapter 26, Article IV, Sections 26-129 through 26-
142 of the City of Denton Code of Orchnances
SRCTION 4 That the C~ty Council hereby declares, recognizes and confirms the existing
drmnage ftmct~on of the Wastewater Utlhty, to be a public utility
SI~.C. TION 5. That m accordance with the pmvis~ons of §402 046 of the Texas
Government Code, the City shall incorporate existing drmnage faclht~es, materials, supplies, and
other propertaes into the drmnage function of the Wastewater Utility System
.qI~.C. TION 6 That the ~ncome of the drmnage function of the Wastewater Utility System,
as hereby declared and recognized, must be segregated and completely ~dentffiable in mtmmlpal
accounts, and that all other provisions of §402 049 of the Texas Local Government Code, as
amended, shall be apphcable
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gI~C. TIC)N 7. That the City Council, by ordanance, may adopt and enforce such other and
further roles as at considers appropriate to operate the drmnage function of the Wastewater Utahty
System, m accordance with §402 045(e) of the Texas Local Government Code
S~.CTTON fl. That the C~ty Council shall, after the passage of tins ordinance, consider the
passage of a further orchnance establishing a schedule of drmnage charges, winch shall include
proper advance published horace of, and a publac hearmg before the Caty Councal on the proposed
schedule of rates before the drainage charges are levied, all an accordance w~th §402 045(d) of the
Texas Local Government Code
~ql~.C. TION 9. That upon passage of the further ordanance prowdIng for the schedule of
drainage charges, as referenced m Section 8 hereanabove, the drmnage charge may be reflected and
adentafied as a separate line atem on each customer's utility ball
gRC. TIf)N 10. That all ordinances or parts of ordinances In force when the provisions of
thas ordinance became effectave winch are ~nconslstent or an conflact w~th the terms of provasaons
contaaned in the above ordinance, are hereby repealed to the extent of any such conflict
~ql~C..TIf)N 1 l. That if any sectaon, subsectaon, paragraph, sentence, clause, phrase or word
an thas ordinance, or application thereof to any person or carcumstances as held ~nvabd by any court of
competent jurisdiction, such holding shall not affect the validity of the remalnang port~ons of this
ordanance, and the C~ty Council of the City of Denton, Texas, hereby declares at would have enacted
such remmmng pomons despite any such anvaladaty
~ That tins ordinance shall become effective upon ats passage and approval
PASSED AND APPROVED th~s the ~ dayof ~. ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docurnents\Or~'ffances\0 ~ramage F~mctlon of Wastewater Utth~y System 2001 II doc
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