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2003F17-CHAPTER 19ORDINANCE NO., (~ - ~"*- ~' '7 AN ORDINANCE LEVYING DRAINAGE UTILITY CHARGES; PROVIDING THAT CHARGES SHALL INCLUDE FUNDING OF FUTURE CONSTRUCTION; MODIFYING CHAPTER/~ OF THE CITY OF SCHERTZ CODE OF ORDINANCES BY ADDING THERETO A SECTION~ PROVIDING FOR THE ESTABLISHMENT OF A DRAINAGE UTILITY SYSTEM; ADOPTING DRAINAGE CHARGES; PROVIDING FOR SEGREGATION OF INCOME; PROVIDING FOR DISCONTINUANCE OF UTILITY SERVICES; ESTABLISHING EXEMPTIONS; PROVIDING FOR DUE DATE OF CHARGES AND DELINQUENCY CHARGES; AND ESTABLISHING BILLING AND DEPOSIT PROCEDURES WHEREAS, the City of Schertz, Texas (the "City") has declared its adoption of Texas Local Government Code, Chapter 402, Subchapter C, as amended from time to time (the "Municipal Drainage Utility Systems Act"), and has declared the drainage within the City of Schertz to be a public utility; and WHEREAS, after proper notices, a public hearing has been conducted by the City Council (the "City Council") of the City upon the charges herein levied; and WHEREAS, the classification of benefited properties pursuant to which charges are levied herein is non-discriminatory, equitable, and reasonable; and WHEREAS, the service area for the drainage utility system has been determined to be the corporate area of the City as such area may exist from time to time; and WHEREAS, the City Council finds the roles adopted herein are appropriate to operate its drainage utility system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AS FOLLOWS' Section 1' The recitals contained in the preamble hereof are hereby found to be true, 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 City Council. Section 2' The drainage utility charges set forth on the Schedule of Drainage Utility Charges in Exhibit 1 are hereby levied on all property within the boundaries of the City except those properties which are exempted herein, all as provided in the Municipal Drainage Utility Systems Act. Section 3' The drainage utility charges levied and provided for herein shall include an amount made in contribution to funding of furore drainage system construction by the City. Ordinance #2.doc Section 4' Chapter adding thereto a Section of the City of Schertz Code of Ordinances is hereby amended by providing as follows' "Section - DRAINAGE UTILITY SYSTEM (A) ESTABLISHMENT OF DRAINAGE UTILITY SYSTEM. The City has established, pursuant to the provisions of the Municipal Drainage Utility Systems Act, Texas Local Government Code, Chapter 402, Subchapter C, as amended from time to time, a utility system known as the City of Schertz, Texas Drainage Utility System and that the drainage of the property within the boundaries of the City of Schertz as it may exist from time to time (the "Service Area"), is a public utility of the City. (B) SCHEDULE OF DRAINAGE UTILITY CHARGES. See Exhibit 1 (c) SEGREGATION OF INCOME The City may transfer income in the drainage utility system account in whole or in part to the municipal general fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred or as a reserve for future construction, repair, or maintenance of the City's drainage utility system. The City shall not transfer the segregated drainage utility income to the City's general fund. Funds may be co-mingled for investment but accounted for separately. (D) DISCONTINUANCE OF UTILITY SERVICES. (1) The user of the drainage utility service shall be subject to discontinuance of all utility services provided by the City upon failure to pay all drainage utility system charges promptly when due. (2) Upon determination that a user has failed to pay drainage utility system charges when due, the City may discontinue all utility services to the user of that lot or tract ten (10) days after the City deposits in the United States Mail, addressed to the user of the property, a notice advising that it is the intention of the City to discontinue all utility services to the lot or tract ten (10) days after the date of the notice if the delinquent drainage utility service charges are not paid by such date. (3) A user may, within the ten (10) day period after notice, request a heating before the City Manager of the City concerning the delinquency and proposed discontinuance of utility services. Where a timely request for hearing has been made by the user, the City shall not discontinue any utility services to the property until sUch time as the City Manager has determined, after heating, that a delinquency in the payment of the drainage utility charges exists. (D) EXEMPTIONS. The following property shall be exempt from the drainage utility system charges: Ordinance #2.doc 2 (1) property with properly engineered designed drainage system and maintenance of a wholly sufficient, privately owned drainage utility system; (2) property held and maintained in its natural state, until such time that the property is developed and the public structure constructed thereon has been accepted by the City for maintenance; (3) a subdivided lot, until a structure has been built on the lot and a Certificate of Occupancy has been issued by the City; and (4) State of Texas]. property owned by the City[, Counties, School Districts, or the (5) a property owner with a properly engineered drainage system, may apply for credits regarding L.U.E.'s assessments to the Director of Public Works. If owner disagrees with the assessment an appeal may be requested to the City Manager within fourteen (14) business days from the date of notification from the City Director of Public Works. (E) DUE DATE AND DELINQUENCY CHARGES. (1) Drainage utility charges shall be due and payable on the [10th] day after the issuance date on the billing statement for drainage utility charges directed to the user of the property. All drainage utility charges not paid when due shall be increased by [ten percent (10%)] as a delinquency charge. (2) In the event a drainage and any other utility charges is paid by check and the check is subsequently returned, unpaid, for any reason, a service charge will be assessed according to, Chapter 19, Sec. 1-13, pg. 1158 of the Code of Ordinance. (3) Interest shall accrue upon delinquent drainage utility charges at the maximum rate allowed by law from the due date until paid in full. (F) BILLINGS: DEPOSITS. (1) The City may bill for drainage separately, with the City's other utility services billings. utility charges, identified (2) No deposit shall be required for drainage service as a pre-condition to accepting surface flow in the City's drainage utility system." Section 5: The terms and provisions of this Ordinance shall be deemed to be severable and, if the validity of any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this Ordinance. [The remainder of this page intentionally left blank.] Ordinance #2.doe 3 APPROVED' on first reading the../I,~ay of~-~,,.,~. 2003. PASSED, APPROVED, AND ADOPTED this the ~day of 2003. , } Mayor ATTEST: City Secretary (SEAL OF CITY) Ordinance #2.doc S-1 Exhibit "1" Storm water Fees 1. All Storm water Fees be will be based on a Live Unit Equivalent (L.U.E.) of one single residential household and average lot size of 7,550 square feet. One acre of developed property = 5.77 LUE Monthly Assessment Fee Residential Unit Per Unit $2.10 Agricultural/Res. Per Unit $2.10 Commercial/Industrial based on lot size (sqfi) ~ LUE $2.10 Parcel undeveloped Commercial/Industrial may apply to the Director of Public Works for monthly credit. Upon development full assessment shall apply. THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S A~=FIDAVIT Before me, the undersigned authority, on this date personally appeared , known to me, who, being by me duly sworn, On his oath deposes and says that he is the Publisher of The Seguin Gazette- Enterprise, a newspaper of general circulation, published in said county; that a copy of the within and foregoing notice was published in said newspaper _ time(s) before the return day named therein, such publications being on the following dates: and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this. /<~~day of A.D., 2003. Notary Pubic Stat~ of Texas My Commtsstm F. xpir. 08-31-2004 Notary Public, Guadalupe County, Texas THE STATE OF TEXAS, PUBUSHER'S A~=FIDAVIT County of Guadalupe Before me, the undersigned authority, on this date personally appeared , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Segu{n Gaz.~tte- EnteCdse, a newspaper of general circulation, published in said count; that a c~py of the within and foregoing notice was published in said news.~aper / time(s) befc~re the tatum day namc~l therein, ~uch ~ublieafions being on the feilowing date~: · · and a newspaper copy of which is' hereto attached. Sworn ~1~.. . subscribed before me this ~~~ day of CAROLANNAVERY Notary Pul~c Stat~ ~ Texas Comrntssim Exl)in~ 08-31-2~4 A.D., 2003. Notary Public, Guadalupe County, Texas