12-M-22 Increasing the monthly drainage feeORDINANCE NO. 12-M-22
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS INCREASING THE MONTHLY DRAINAGE FEE BY
$1.40 ACROSS ALL CUSTOMER CLASSIFICATIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THI5 ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Municipal Drainage Utility Systems Act in Subchapter C of Chapter 552
of the Local Government Code permits municipalities to establish a municipal drainage utility
system and to provide rules for the use, operation, and financing of the system to protect the
public health and safety in municipalities; and
WHEREAS, Ordinance No. 03-F-11, passed and approved by the City Council of the
City of Schertz, Texas (the "City") on April 15, 2003, established a drainage utility system; and
WHEREAS, Ordinance 08-M-43, passed and approved by the City Council of the City
on September 9, 2008 established the cun~ent monthly drainage fee of $3.80 across all customer
classifications; and
WHEREAS, after conducting a public hearing on October 9, 2012, in accordance with
applicable State law, and after due consideration, the City Council of the City finds it necessary
and in the City's best interests to adjust the monthly drainage fee as part of the overall Fiscal
Year 2013 budget development process. This will be accomplished by increasing the monthly
drainage fee by $1.40 (to a total monthly drainage fee of $5.20) across all customer
classifications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The rate increase of $1.40 in the monthly drainage fee for all customer
classifications is hereby approved.
Section 2. The recitals contained in the preamble hereof are hereby found to be hue, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section S. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 25th day of September, 2012.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 9th day of
October, 2012.
CITY CHERTZ, TEXAS
~'
Ma o-Tern
ATTEST:
~~ .~ rp~4~~~ (~ m ~~D
Brenda Dennis, City Secretary
(CITY SEAL)
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