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