2003F11-DRAINAGE UTILITY SYS.ORDINANCE NO. ~,~ -~"-/tt
AN ORDINANCE DECLARING ADOPTION OF THE MUNICIPAL
DRAINAGE UTILITY SYSTEMS ACT; MAKING AND ADOPTING
FINDINGS; DECLARING THE DRAINAGE OF THE CITY OF SCHERTZ TO
BE A PUBLIC UTILITY AND INCORPORATING EXISTING DRAINAGE
FACILITIES, MATERIALS, AND SUPPLIES INTO THE DRAINAGE
UTILITY SYSTEM; AND IDENTIFYING A SERVICE AREA
WHEREAS, the creation of a drainage milky system within the City of Schertz (the
"City") is necessary to protect the public health and safety from loss of life and property caused
by surface water overflows, surface water stagnation, and pollution arising from non-point
source mn-offwithin the City; and
WHEREAS, after proper notices, a public hearing has been conducted by the City
Council of the City upon the proposed adoption of Texas Local Government Code Chapter 402,
Subchapter C, as amended from time to time (the "Municipal Drainage Utility Systems Act"), for
the purpose of establishing the drainage utility system herein declared; and
WHEREAS, the City Council finds that the City of Schertz will establish a schedule of
drainage utility charges against all real property in the proposed service area which are subject to
charges under the Municipal Drainage Utility Systems Act; and
WHEREAS, the City Council finds that the City of Schertz will provide drainage for all
real property within the City on the payment of drainage charges, except real property exempted
pursuant to the provisions of the Municipal Drainage Utility Systems Act; and
WHEREAS, the City Council finds that the City of Schertz will offer drainage service on
non-discriminatory, reasonable, and equitable terms;
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 tree, 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 City of Schertz declares that it adopts the Municipal Drainage Utility Systems
Act and declares the drainage.of the City of Schertz to be a public utility to be known as the
Drainage Utility System.
Section 3' The existing drainage facilities, materials, and supplies in the City of Schertz are
incorporated into the Drainage Utility System.
Section 4: The entire corporate area of the City of Schertz, as it may exist from time to time,
is determined to be the service area of the Drainage Utility System.
20052214.1
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.
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PASSED on first reading the /g-~'J-day of ~a','], 2003.
PASSED, APPROVED AND ADOPTED this the/~., day of~d~ , 2003.
Mayor
ATTEST'
City Secretary
20052214.1 S- 1
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
Tn~¥ c.~~ , 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: ,~
!
April 4, 2003
AN
IN{~
.
and a newspaper copy of which is hereto attached.
UTILITY"
- AND
? .
_ lng the l st
Sworn to/a~ subscribed before me this
day of
Notary Public, Guadalupe County,
Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
, known to me, who, being by me duly
..... "~mm~ C,~n~ ........
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 t,e~nd subscribed before me this .... ~_/0 ~'~'day of
~.,..(~~~ CAROL ANN AVERY ~
DRAINAGE.
- SYSTEM8 ACT;
Nota~/Public, Guadalupe County, Texas
lNG 'AND