2003R02- DRAINAGE UTILITY SYSTEM
RESOLUTION NO. 1).3 - ~ - tJ.2..
A RESOLUTION SETTING A PUBLIC HEARING WITH RESPECT TO THE
POSSIBLE CREATION OF A DRAINAGE UTILITY SYSTEM FOR THE
CITY OF SCHERTZ AND ITS EXTRATERRITORIAL JURISDICTION AND
AUTHORIZING PUBLICATION OF NOTICE THEREOF
WHEREAS, the creation of a drainage utility system within the City of Schertz, Texas
(the "City") and its extraterritorial jurisdiction may be necessary to protect the public health and
safety of the citizens of the City and the City's extraterritorial jurisdiction from loss of life and
property caused by surface water overflows, surface water stagnation, and pollution arising from
non-point source run-off in the City and its extraterritorial jurisdiction; and
WHEREAS, Chapter 402, Subchapter C, of the Texas Local Government Code, as
amended (the "Municipal Drainage Utility Systems Act") requires that the City Council of the
City conduct a public hearing with respect to the possible creation of such a system; and
WHEREAS, the City Council has determined that such a public hearing should be held;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AS FOLLOWS:
Section I: A public hearing to consider the establishment of a drainage utility system within
the City and its extraterritorial jurisdiction is hereby called to be held at 7:00 p.m. on April 1,
2003 in the City Council Chambers of the City. The City Secretary is hereby authorized and
directed to publish notice thereof pursuant to the Municipal Drainage Utility Systems Act. Such
notice shall be published three times, with the first publication thereof being on or before the 30th
day prior to the date of the hearing. The form of notice of such hearing shall be substantially in
the form attached hereto as Exhibit A.
Section 2: The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part
of the judgment and findings of the City Council of the City.
PASSED, APPROVED, AND ADOPTE~.thi th~aY of February, 2003.
( ~~
ATTEST:
(?vz'7U/ (m~
City Secretary
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EXHIBIT A
NOTICE OF PUBLIC HEARING
The City Council of the City of Schertz, Texas (the "City") has called a public hearing to
be held at 7:00 p.m. on April 1, 2003 in the City Council Chambers of the City, 1400 Schertz
Parkway, Schertz, Texas 78154, to consider the creation of a drainage utility system pursuant to
Chapter 402, Subchapter C, of the Texas Local Government Code, as amended, and to consider
adoption of the following Ordinance:
"ORDINANCE NO.
AN ORDINANCE DECLARING ADOPTION OF THE MUNICIPAL
DRAINAGE UTILITY SYSTEMS ACT; MAKING AND ADOPTING
FINDINGS; DECLARING THE DRAINAGE OF THE CITY OF SCHERTZ,
TEXAS AND ITS EXTRA TERRITORlAL JURlSDICTION TO BE A PUBLIC
UTILITY AND INCORPORATING EXISTING DRAINAGE FACILITIES,
MA TERlALS, AND SUPPLIES INTO THE DRAINAGE UTILITY SYSTEM;
AND IDENTIFYING THE SERVICE AREA OF THE SYSTEM
WHEREAS, the creation of a drainage utility system within the City of Schertz, Texas
(the "City") and its extraterritorial jurisdiction 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 run-off within the City and its extraterritorial
jurisdiction; and
WHEREAS, after proper notices, a public hearing has been conducted by the City
Council (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 will establish a schedule of drainage
utility charges against all real property in the proposed Service Area (being the corporate limits
of the City and its extraterritorial jurisdiction, as it may exist from time to time) 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 Service Area 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 will offer drainage service on non-
discriminatory, reasonable, and equitable terms;
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AS FOLLOWS:
Section 3: 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 ofthe City Council.
Section 4: The City hereby declares by the adoption of this Ordinance that it adopts the
Municipal Drainage Utility Systems Act and declares the drainage of the City and the City's
extraterritorial jurisdiction to be a public utility to be known as the City's Drainage Utility
System.
Section 5: The existing drainage facilities, materials, and supplies currently owned by the
City are incorporated into the City's Drainage Utility System.
Section 6: The entire corporate area of the City of Schertz, together with its extraterritorial
jurisdiction, as it may exist from time to time, is determined to be the Service Area of the City's
Drainage Utility System.
Section 7: 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.
PASSED on first reading the _ day of
,2003.
PASSED, APPROVED AND ADOPTED this the _ day of
,2003.
Mayor
ATTEST:
City Secretary"
Interested persons are invited to attend the public hearing and to provide the City Council
with their comments with respect to the proposed drainage utility system.
CITY OF SCHERTZ, TEXAS
Isl Norma Althouse
City Secretary
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