HomeMy WebLinkAboutOrdinances (O-93-912)-08/31/1993
ORDINANCE NO. 0-93-912
AN ORDINANCE LEVYING DRAINAGE UTILITY CHARGES,
PROVIDING THAT DRAINAGE CHARGES SHALL INCLUDE FUNDING
OF FUTURE CONSTRUCTION, MODIFYING CHAPTER 11 OF THE
COLLEYVILLE CODE BY ADDING THERETO A SECTION 5 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
DATES OF CHARGES AND DELINQUENCY CHARGES, ESTABLISHING
BILLING AND DEPOSIT PROCEDURES.
WHEREAS, the City has declared its adoption of the Municipal Drainage Utility
Systems Act and has declared the drainage within the City to be a public utility;
and
WHEREAS, after proper notice, a public hearing has been conducted upon the
charges herein levied; and
WHEREAS, the classification of benefitted properties pursuant to which charges
are levied herein is non-discriminatory, equitable and reasonable; and
WHEREAS, the service area for the drainage utility system is determined to be
the boundaries of the City of Colleyville; and
WHEREAS, the charges levied herein are based upon a calculation of the
inventory of lots and tracts within the City; and
WHEREAS, the City Council finds the rules adopted herein are appropriate to
operate its drainage utility system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1: That the Schedule of Drainage Utility Charges attached hereto as Exhibit
"A" are hereby levied on all property within the boundaries of the City of
Colleyville, except those properties which are exempted herein.
Sec. 2: That the Drainage Charges levied and provided for herein shall include
an amount made in contribution to funding of future drainage system construction
by the City.
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Sec. 3: That Chapter 11 of the Colleyville Code be amended by adding thereto a
Section 5 providing as follows:
"Section 5 - DRAINAGE UTILI1Y SYSTEM
A. ESTABLISHMENT OF DRAINAGE UTILITY
SYSTEM.
The City of Colleyville has established, pursuant
to the provisions of the Municipal Drainage Utility Systems Act, that the drainage
of the property within the boundaries of the City of Colleyville is a public utility
of the City of Colleyville.
B. SCHEDULE OF DRAINAGE CHARGES.
Each person owning a lot or tract in the City is
hereby assessed and obligated to pay to the City drainage utility charges as
follows:
Land Use
Monthly Rate
Per Lot or Tract
Residential
$ 4.00
Land Use
Monthly Rate
Per Acre
Park
Church
School
Business/Commercial - 1
Business/Commercial - 2 (*)
Industrial - 1
Industrial - 2 (*)
Miscellaneous - 1
Miscellaneous - 2 (*)
$ 6.10
8.71
8.71
13.94
6.10
13.94
6.10
13.94
6.10
(*) These land use categories are applicable to business/commercial, industrial or
miscellaneous land use which does not require the construction of impervious lot
cover.
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.."..-
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 reselVe for future construction, repair, or maintenance of the drainage
system. The City shall not transfer the segregated drainage utility income to the
general fund.
D. DISCONTINUANCE OF UTILITY SERVICES.
(1) The user of the drainage utility selVice
shall be subject to discontinuance of all utility selVices 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 seIVices to the user of that lot or tract 10 days after the City deposits in the
U.S. Mail, addressed to the user of the property, a notice advising that it is the
intention of the City to discontinue all utility selVices to the lot or tract within 10
days of the date of the notice if the delinquent drainage utility selVice charges are
not paid.
(3) A user may request within the 10 day
period after notice, a hearing before the City Manager concerning the delinquency
and proposed discontinuance of utility selVices. Where a timely request for
hearing has been made by the user, the City shall not discontinue any utility
seIVices to the property until such time as the City Manager has determined, after
hearing, that a delinquency in the payment of the drainage utility charges exist.
E. EXEMPTIONS.
The following property shall be exempt from
the drainage utility system charges:
(1) Property with proper construction
and maintenance of a wholly sufficient, privately owned drainage system.
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(2) Property held and maintained in its
natural state, until such time that the property is developed and all of the public
structure constructed has been accepted by the municipality 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.
(4) Property owned by the City of
Colleyville.
F. DUE DATE AND DELINQUENCY CHARGES.
(1) Drainage utility charges shall be due and
payable on the 16th 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 10% as a delinquency charge.
(2) In the event a drainage utility charge is
paid by check and the check is subsequently returned, unpaid, for any reason, a
service charge of $15.00 shall be assessed.
(3) Interest shall accrue upon delinquent
drainage utility charges at the maximum rate allowed by law until paid in full.
G. BILLINGS: DEPOSITS.
(1) The City may bill for drainage utility
charges, identified separately, with the City's other public utility billings.
(2) No deposit shall be required for drainage
service as a pre-condition to accepting surface flow in the drainage utility system."
AND IT IS SO ORDERED
The firs} r~ading and public hearing being conducted on the
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The se'J1'~ng and public hearing being conducted on the
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The third reading and public hearing being conducted on the
A-_~JJ..sJ , 1993.
ATTEST:
CITY OF COLLEYVILLE
q{~ JJ~'
J e n Harris
C ty Secretary
C(ZiA~
Richard Newton
Mayor
APPROVED AS TO FORM AND LEGALITY:
u;h--
City Attorney
5
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day of
SCHEDULE OF DRAINAGE UTILITY CHARGES
Land Use
Monthly Rate
Per Lot or Tract
Residential
$ 4.00
Land Use
Monthly Rate
Per Acre
Park
Church
School
Business/Commercial - 1
Business/Commercial - 2 (*)
Industrial - 1
Industrial - 2 (*)
Miscellaneous - 1
Miscellaneous - 2 (*)
$ 6.10
8.71
8.71
13.94
6.10
13.94
6.10
13.94
6.10
(*) These land use categories are applicable to business/commercial, industrial or
miscellaneous land use which does not require the construction of impelVious lot
cover.
EXHIBIT "A"
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