DR9302-CS 940214NICHOLS, SACKSON, Dh.LARD, I-lAGER & SMITH, L.L.P.
AUomeys & Counselors al Law
1800 Ii~ohl Plaza
500 North Akm'd
Dallas, Texas 75201
(214) 954-3333
Fax (214) 954-3334
February 14, 1994
Ken Griffin
City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Dear Ken:
Enclosed is the original and copies of an Ordinance which would establish the
Coppell municipal drainage utility system and an Ordinance which would establish
drainage charges for the system. These Ordinances are prepared in accordance with the
requirements of Chapter 402 of the Local Government Code, the Municipal Drainage
Utility Systems Act.
As you probably already know, there are certain procedural steps for passage of
these Ordinances contained in Section 402.045 of the Local Government Code. Before
adopting the Ordinances, you must publish a notice in a newspaper of general circulation
in the City stating the time and place of a public hearing to consider them. The proposed
Ordinances must be published in full in the notice. The notice must be published three
times before the date of the hearing, and the first publication must occur on or before the
30th day before the date of the hearing. Notice for both the Ordinances may be given
in the same manner and both must be published in full.
The Act also provides that the City may by ordinance adopt and enforce rules to
operate the system. Some of these are already contained in these Ordinances. If
additional rules are necessary, it will probably be advisable to adopt them by amendment
of one or both of these Ordinances, as the case may be.
If you have any questions about the ACt or either of these Ordinances, or if there
are any changes or corrections to be made in the form of either, please give me a call.
AGG0517~
Ken Griffin
February 11, 1994
Page 2
RLD/ckh
Enclosures
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Robert L. Dillard, III
AGG05172
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF COPPELL, TEXA~,
PROVIDING FOR THE ESTABLISHMENT OF THE ~COPPELL
MUNICIPAL DRAINAGE UTILITY SYSTE1VP; MAKING CERTAIN
FINDINGS AND RECITALS IN REGARD TO SAID SYSTEM; AND
ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT
AND PURPOSES OF THIS ORDINANCE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Subchapter C of. Chapter 402 of the Local Government Code
known as the Municipal Drainage Utility Systems Act (the "Act"), the City Council of the
City of Coppell, Texas (the "City"), is authgrized and empowered to adopt the Act; and
WHEREAS, the Act requires that the City, through its governing body, must find that
the City will (i) establish a schedule of drainage charges against all real property in the
mnnicipality subject to the charges under the Act, (ii) provide drainage for all real property
in the City on puymem of drainage charges, except real property exempted under the
Ordinance, and (iii) offer drainage service un nondiscriminatory, reasonable, and equitable
terms; and
WHEREAS, the Act requires that prior to enacting the ordinance adopting the
provisions of the Act, the governing body must publish a notice in a newspaper of general
circulation in the City stating the time and place of a public hearing to consider the
proposed ordinance; and
WHEREAS, the City has satisfied the procedural requirements established by the Act
as conditions precedent to the adoption of this ordinance; and,
WHEREAS, the City has found and determined and does hereby find and determine
that it is appropriate to adopt the Act and to establish a municipal utility drainage system
as provided in the Act; and
WHEREAS, the City has further found and determined and does hereby further find
and determine the drainage of the City to be a public utility within the meaning of the Ac~;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
PREL!M '"
SECTION 1:
That the preambles of this ordinance set forth above are hereby incorporated by
reference as if fully set forth herein and are true and correct findings and determinations
of the City.
SECTION 2:
That the Act is hereby adopted and shall be fully implemented as provided by the
Act and by the City Council, and the drainage of the City is hereby found to be a public
utility within the meaning of the Act.
SECTION 3:
That the City will provide drainage for all real property within its boundaries which
is established as the service area of the system, upon payment of the determined drainage
charges, as defined in the Act, and excluding certain exempted real property; and, the fees,
assessments, and charges will be based on non-discriminatory, reasonable, and equitable
terms.
SECTION 4:
That the City is hereby authorized to bill the drainage charges incurred as a result
of the adoption of the Act and establishment of the municipal utility drainage system
thereunder with its other public utility billinoos, the drainage charge to be separately
identified.
SECTION 5:
That upon the passage of thi~ ordinance, the City may levy a schedule of drainage
charges upon satisfaction of the procedural requirements provided in the Act.
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SECTION 6:
Existing drainage facilities, materials and supplies of the City are hereby incorporated
into the drainage utility system~
SECTION 7:
That the City is authorized to exempt certain entities or persons from all ordinances,
resolutions and rules which the City may adopt from time to 6me in connection with the
adoption of the Act and the establishment of its municipal utility drainage system.
SECTION 8: REPEAI lNG CLAUSE
That all provisions of ordinances of the City of Coppelk Texas, in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 9: SEVERABIL1TY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than
the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 10: EFFECTIVE DATE
That this ordinance shall take effect immediately from and after its passage.
3
DULY PASSED by the City Council of the City of Coppell, Texas,
day of ,1994.
APPROVED:
TOM MORTON, MAYOR
A'ITEST:
APPROVED AS TO FORM:
PL~TER G. SMITH(, CITY A'ITORNEY
CITY SECRETARY
4 AGG05159
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
PROVIDING FOR THE ESTABLISHMENT OF A SCHEDULE OF
DRAINAGE CHARGES FOR THE *COPPELL MUNICIPAL DRAINAGE
UTILITY SYSTEM" LEVIED AGAINST ALL REAL PROPERTY WITHIN
THE CITY OF COPPELL, TEXAS, SUBJECT TO SUCH CHARGES UNDER
SECTION 402.041, ET SEQ., SUBCHAPTER C OF CHAPTER 402 OF THE
TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Subchapter C of Chapter 402 of the Local Government Code
known as the Municipal Drainage Utility Systems Act (the "Act"), the City Council of the
City of Coppell, Texas (the "City"), has established a schedule of drainage charges against
all real property in the proposed service area subject to charges under this Ordinance; and
WHEREAS, the City will provide drainage for all real property in the proposed
service area on payment of drainage charges, except real property exempted under this
Ordinance; and
WHEREAS, the City will offer drainage service on nondiscriminatory, reasonable, and
equitable terms; and
WHEREAS, the City has satisfied the procedural requirements established by the Act
as conditions precedent to the adoption of this ordinance; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1:
That the following schedule of drainage charges is hereby levied against all real
property lying within the City of Coppell, Texas, subject to drainage charges under
Subchapter C of Chapter 402 of the Texas Local Government Code:
A. Residential Property
1. Single Family Zoned Property
Base Flat Rate Charge
(1)
Property zoned and developed for townhouse use under TH-1
and TH-2, Townhouse, site plan or PD zoning for said use shall
be charged $ per month per unit.
(2)
Propervy zoned and developed for duplex use under 2F-9 duplex
residential, site plan or PD zoning for said use shall be charged
$ per month per unit.
(3)
Property zoned and developed for s/ngle family residential use,
SF-U, SF-7, SF-9, SF-12, SF-18, single family residential, site
plan or PD zoning for said use shall be charged $ per
month per unit.
(4)
Property zoned and developed for mobile home park use under
MH mobile home park, site plan or PD zoning for said use
shall be charged $ per month per unit.
2. Multi-Family Zoned Property
Property zoned and developed for multi-family uses under 1ViF-1, MF-
2, multi-family, site plan or PD zoning for said uses shall be charged
$ per acre of land per month.
Alternate charge is $ per impervious acre per month, said
acreage to be submitted on a site plan showing the impervious area to
the City Engineer, and said plat to be sealed by a registered
professional en~neer or registered professional and surveyor. The
base charge is in effect until the City Engineer has accepted the said
site plan.
Commercial/Industriai Property
The charge for property zoned and developed for commerciai or industrial uses
under O, R, I+C, C, TC, LI, HI, SUP, site plan or PD zoning for said uses shall be
charged as follows:
1. Base charge is $
per acxe per month.
Alternate charge is $ per impervious acre per month, said acreage
to be submitted on a site plan showing the impervious area to the City
Eu~neer, and said plat to be sealed by a registered professional engineer or
registered professional land surveyor. The base charge is in effect until the
2
City Engineer has accepted the said site plan.
Day care centers/Churches
The charge for day care center/churches, regardless of zoning, shall be charged as
follows:
1.
2.
The base charge shall be $
per acre per month.
Alternate charge is $ per impervious acre per month, said acreage
to 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 plato
SECTION 2.
That the following entities and properties shall be exempted from the charges set out
herein, to wit:
A.
B.
C.
D.
E.
The State of Texas
The Counties of Dallas and Denton
The City of Coppell
The Coppell Independent School District
Property with proper construction and maintenance of a wholly snfficiem and
privately owned drainage system.
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.
A subdivided lot, until a structure has been built on the lot and a certificate of
Occupancy has been issued by the City.
SECTION 3.
That all billings, credits rules and other procedures relating to thlg charge shall be
subject to the provisions of V. T. C. A., Local Government Code, Section 402.041, et seq.,
3
and shall specifically include the following:
A. There shall be a charge on each monthly utility statement for the Municipal
Drainage Utility System pursuant to this ordinance 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 ciearly identified as a separate charge.
B. Except as otherwise provided herein, billing, charges and collection procedures shall
be consistent with that of the water and sewer services.
C. Drainage charges shall be identified separately on the utility billing. Billing shall be
consistent with V. T. C. A., Local Government Code, Section 402.048.
D. Delinquent charges shall be collected in a manner consistent with V. T. C. A., Local
Government Code, Section 402.050.
E. The City Manager or his designee(s) may, from time to time, adopt rules for the
administration of the drainage charge.
SECTION 4. That the rates established by this ordinance shall be effective
day of ., 1994.
SECTION 5. REPE~I .]'NO CLAUSE
That all provisions of ordinances of the City of Coppell, Texas, in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. SEVERABILITY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or section of thi~
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than
the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
4
of the Code of Ordlnallces as a whole.
SECTION 7. EFFE~ DATE
That this ordinnnce shRll take effect imhaediately from and after its passage.
DULY PASSED by the City Council of thc City of Coppell, Texas, this the
day of ,1994.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
3~TER G~ SMI'I~ CITY ATTORNEY
5 AGG0515B