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OR 2004-1070 Municipal Drainage Utililty SystemORDINANCE 2004-1070 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL CODE OF ORDINANCES, CHAPTER 9, BY ADDING SECTIONS 9-22-1 THROUGH 9-22-9, PROVIDING FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEMS; PROVIDING FOR THE ESTABLISHMENT; PROVIDING FOR A SCHEDULE FOR ESTABLISHMENT OF CHARGES AND EXEMPTIONS; PROVIDING FOR BILLING AND COLLECTIONS; PROVIDING AND ESTABLISHING PROCEDURES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to ensure adequate management of the drainage of the City of Coppell, the City staff has determined a need to provide for the establishment of a municipal drainage utility system; and, WHEREAS, the City Council of the City of Coppell is of the opinion and finds that adopting the Municipal Drainage Utility System will contribute to the overall objective of promoting the public health, safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the Coppell Code of Ordinances be amended by adding Article 9-22, Sections 9-22-1 through 9-22-5, which shall read as follows: "ARTICLE 9-22. MUNICIPAL DRAINAGE UTILITY SYSTEMS SECTION 9-22-1. Established. A. A municipal drainage utility system is hereby established and declared to be a public utility. The city shall have full authority to operate said municipal drainage utility system pursuant to authority contained in Section 402.041, et seq. of the TEXAS LOCAL GOVERNMENT CODE, the city Charter, and its home-rule authority as provided under Article XI, Section 5, of the TEXAS CONSTITUTION. The Coppell City Council will, by ordinance, adopt rules for the operation and conduct of the Coppell municipal drainage utility system, consistent with its authority and state law. Prior to the levy of any drainage charges for the financing and funding of the Coppell municipal drainage utility system, the Coppell City Council shall hold a public hearing on such charges pursuant to state law. SECTION 9-22-2 Definitions The City hereby adopts those definitions provided in Section 402.044, TEXAS LOCAL GOVERNMENT CODE, as amended. SECTION 9-22-3 Charges and exemptions authorized. A. The City will establish a schedule of drainage charges against all real property in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the TEXAS LocAL GOVERNMENT CODE. The city will provide drainage for all real property within the city on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law; and 2. The city will offer such drainage service on nondiscriminatory, reasonable and equitable terms. SECTION 9-22-4 Service Area As a result of the topography, hydraulics, watershed and drainage of the land of the entire boundaries of the City, the entire boundaries shall hereby constitute a single service area for the purpose of this ordinance. SECTION 9-22-5. Drainage charges. The City Council shall, by resolution, establish a drainage charge based on the following schedule of use as provided. The following schedule of drainage charges is hereby levied against all real property lying with the City of Coppell, Texas, subject to drainage charges herein: (1) Residential property. a. Single-family zoned property. The charge for property zoned and developed for residential use in the following zoning districts shall be a flat rate charge per unit per month as established by resolution of the City Council. · Single Family Estates (SF-ED) · Single Family 18 (SF-18) · Single Family 12 (SF 12) · Single Family 9 (SF 9) · Single Family 7 (SF 7) · Planned Development Single Family Residential · Two Family (2F-9) · Townhouse (TH-1 & TH-2) · Manufactured Home Park (MH) b. Multi-family zoned property. The charge for property zoned and developed for multi-family use in the following residential zoning districts shall be a flat rate charge per acre per month, with a minimum and maximum charge, as established by resolution of the City Council. · Multi-family (MF-1 & MF-2) · Planned Development Multi-family (2) Commercial/Industrial property. The charge for property zoned and developed for commercial or industrial uses in the following non-residential districts shall be as stated in a, b & c: · Office (O) · Retail (R) · Special Use Permit Non-Residential (SUP) · Light Industrial (LI) · Heavy Industrial (HI) · Planned Development Non-Residential · Commercial (C) · Highway Commercial (HC) · Town Center (TC) a. Flat rate charge per acre per month as established by resolution of the City Council. Flat rate alternate charge per impervious acre per month as established by resolution of the City Council. Acreage shall be submitted on a site plan showing the impervious area to the city engineer, and said plan shall be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the city engineer has accepted the said site plan. c. A flat rate minimum and maximum charge per property per month shall be established by resolution of the City Council. (3) Day Care Centers/Churches. The charge for day care centers/churches, regardless of zoning, shall be charged as follows: a. Flat rate charge per acre per month as established by resolution of the City Council. Flat rate alternate charge per impervious acre per month as established by resolution of the City Council. Acreage shall be submitted on a site plan showing the impervious area to the city engineer, and said plat to be sealed by a registered professional engineer or registered professional land surveyor. The base charge is in effect until the city engineer has accepted the said site plan. c. A flat rate minimum and maximum charge per property per month shall be established by resolution of the City Council. SECTION 9-22-6. Exemptions from charges. Exemptions are those permitted under State law from such provisions in this section, as follows: (1) Property owned by a public governmental entity, to wit: (a) The State of Texas; (b) The County of Dallas and Denton; (c) The City of Coppell; (d) The Coppell, Carrollton-Farmers Branch & Lewisville Independent School Districts; (2) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (3) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; (4) A subdivided lot until a structure has been built on the lot and a certificate of occupancy has been issued by the city. SECTION 9-22-7. Billing; collection of charges. All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of Section 402.041, et seq. of the TEXAS LOCAL GOVERNMENT CODE, and shall specifically include the following: (1) There shall be a charge on each monthly utility statement for the municipal drainage utility system pursuant to this article and as authorized herein. The city manager or his designee is authorized to collect such charges in a manner consistent with the City Charter and state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge. (2) Except as otherwise provided herein, billing, charges and collection procedures shall be consistent with that of the water and sewer services. (3) Drainage charges shall be identified separately on the utility billing. (4) Delinquent charges shall be collected in a manner consistent with State law. (5) The city manager or his designee(s) may, from time to time, adopt rules for the administration of the drainage charge." SECTION 2. The Code of Ordinances of the City of Coppell, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. If any article, paragraph, subdivision, clause or provision of this ordinance, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 4. That all ordinances of the City of Coppell heretofore adopted which are in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all ordinances of the City of Coppell not in conflict with the provisions hereof shall remain in full force and effect. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as hereby amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect fi.om and after its passage and the publication of the caption as the law in such cases provide. DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, on the ~7~g~'c' dayof ~~t~c~- _ ,2004. DOu O AS N. S VEa, ATTEST: