DR9302-CS 930908SEP
214 727 0165
8 '93 9~7e,~
CITY OF ALLEN
PAGE,O1
CITY OF ALLEN
FAX NO. 214-727-0165
DEPARTMENT:
TELEPHONE NO.:,
DEPARTMENT:
~ ~ ~, ~.L-.~~ TELEPHOt~E NO.:
N~MB~ OF PAGES INCLUDINQ HEADF/~
COMMENTS:
ON~ ~JTU~ CZK~S ~ T~AS ?.e~o2
SEP 8 '93 9:51 CITY OF ALLEN PAGE.02
Municipal Drainage
Utility System
CITY ON ALLEN
MIYNICIPAL DRAINAGE UTIIATY SYSTEMS ACT
1993
7an 21
Jan 21
lan 2~
F~b 14
l~eb 28
Mar4
Aug5
Aug 8
Aug 22
Sep 16
Staff presents concept of Municipal Drainage Utility with proposed
budget,charges and revenues.
Council sets date for Public Hearing on adoption of Drainage Utility
First published noti~ on Publi~ Hearing on adoption of Dminag~ Utility
Second published notice on Public I-Ieadng on adoption of Drainage Utility
Third published notice on Public I-/raring on adoption of Draina~ UtilRy
Council holds Public Hearing:
(1) Declsre the drainage of the municipality to be a public utiltiy
(2) Adopa o~linance on Drain~ Utility
Sets date for Public Heating on drain~e ch~ge$
First published notice on Public Hearing on adoption of Draina~ char~es
Second published notice on Public Hear/nE on adoption of Drainage ~
Third published notice on Public Hearing on adoption of Drainage cha~es
CoUncil holds Public Hcarin$:
(1) Adopt schedule of charEes
(2) Adopt rules ~o operate the U~ility
lanuary 11, 1993
SEP 8 'SS ~:5~ CITY OF ALLEN
PAGE.OS
AN ORD~ OF THIE CITY OF ALLEN, COIZ,IN COUN'I'Y, ~
PROVlDINO IzOR THB ]~S'I'ABLISHMKN~ OF ~ "AI.U~ MUNIC~AL
DRAINAOi~UTILITYSYS'I'I~' MAI{I~GCI~TAINIZlND~SANDRF-'CrFALS
IN itl~ARD TO SAID SY~ AND ENA~G PROVISIONS LN(3DB, N1'AND
RBI. A'I'INO 1'O ~ S~ AND FURI~SES OF ~ ORDINA~CF..
Municipal Drainage Utility Systems Act (thc "Act"), tim City t.;ounCll 0l me t.;tty o[
"City'), It nuthorizcd and empowered to adopt thc Act; and,
emiblish a schedule of drmnage, chal~es apJ. nst ..au rc?~ property.
char&cs under tho Act, (fi) prey:dc drainage mr au rem property !n.t..n.?
charges, except real property exempted under the Act, ann ~,ut) otter czrainage scrvtce on
nondiscriminatory, reasonable and cquitable terms; and,
~ the Act r~uires that pri? to. enacting the ordi. nance .ndopti.ng..tbe pm.~o,.ns Of. .~.._e_ .A~_
thc g~vcrning body must publish a notice in a newspaper et general circutauon m me t.:tty smung me
thnc and place of a public hearing to cor~ldcr thc proposed ordinance; nnd,
Wl-X~u~-~q, thc City has satisfied the procedural requirements established by thc Act as conditiom
precedent to the acioytion of this ordinance,; and,
~ the City hns found and d.c. termined..and, d..o,~ hereby find and det¢l~.,in¢ that It Js
apl~.roprlate to adopt the Act and to establish a mummfmt utimy drainage system as prowded in the Act;
aim,
Wl-Z~g4~, thc City has further found and determined and docs hcrcby further find and determine thc
draina~ of thc City to be a public utility within thc mcaning of thc Act;
NOW, TI4~qlE~OR~ BI~ IT ORD~ BY ~ crrY COUNCIL OF ~ crfY OF AIAJ~,
TEXAS, ~T:
SECTION 1: The preambles of this ordinance set forth above_ arc hcr.cby.incorporated by reference
as if fully set forth herein and arc true and correct findings and determinations of thc City.
SECTION 2: TI~.e Act is hereby adopted and shnll bc fully implc~ent.ed as p .ro.,~..ded..b~ thc..Act.
by thc City Council, and the drainage of the City is hereby found to t,e a puottc utmty w:tmn mc
meaning of the Act.
SF. CTION 3: Thc City will provide drainage.for, all real pr?petty ..within its boundaries upon payment
of thc determined drainage charges, as defined tn the Act, and excludmg certain cxcmptcd real property;
and thc fees, assessments, and charges will be based on non-discriminatory, reasonable, and equitable
terms.
SF:if~'I'ION 4: The City is hereby authorized to bill the drainaRc charges incurred as a 'r?...ult of thc
~ drainage system thcrcufldcr with its other
adootion of the Act and estab!tshmcflt of thc m. unicipnl ut!iJt,~ ....
pub~i~ utility billings, thc drainage charge to t,c separately mcntlllco.
~ON 5: Upon thc passa~c of this ordlnancc, th.c City m. ay l. cvy a schedule of dralnngo
upon satisfaction of the procedural requircmcnts provtdcd tn the Act.
SEC*lION 6: Thc City is authorized to exempt certain entities or persons from ali ordinances,
SEP 8 '93 9:5~ CITY OF ALLEN PAGE.04
from time to time in connection with the adoption of
re3ok~ and rules which the ~!ty may adopt
th~ Ad~t Sdd the establbhmcnt of Its municipal utility drafna~c system.
~ ?: This ordinance has bccn adoptcd by at Icast a majority vote or thc entire City C~)uncii
and shall bc cffective immediately From and nftcr its passage.
DULY pASSEl) AND APPROVED DY ~ CITY COUNCIL OP ~ CITY OF ALLEN, TF..XAS,
ON TfIB__.. DAY OF _._ ,1993.
APPROVI~O:
~' Farmer. MAYOR
A~
Judy Morflson, ~.3-tY ~tARY
Ordinance No.
......... Page
SEP 8 ' 93
9:53
CITY OF ALLEN
PAGE.05
. CITY OF ALLEN ......
WO:
FROM:
SUBJECT:
DATE:
J0N MC CARTY; CITY MANAGER
GEORGE CO~,~, CIVIL ~NGIN~ER
SET PUBLIC HEARING FOR DRAINAGE DISTRICT FEES
JULY 28, 1993
~material is attached for uss of the Council for
considering setting a ~ublic hearing_da~e for setting fees
for the Municipal Drainage Utility sys=em.
The.proposed ordinance has the following:
- the rates proposed are $2.75 for all types
of residence units.
- Multifamily, Commercial and Industrial sites
are set at $18.72 per acre per month, with an
alternate rate of $20.80 per impervious acre
per month(S18.72/90%}.
- Day care centers and Churches are set at
$14.56 per acre per month, with an alternate
rate of $20.80 per impervious acre per
month(S14.56/70%).
- The alternate rates would allow for
submittal of impervious area to ~he city, if
the rate benefitted the account.
- Exempt are state, county and city
governments, and school districts.
- A cap of $50 applies to all accounts.
The ordinance will result in a fee for drainage that will
appear on the monthly utility bill. The annual revenue
that will be raised is approximately $266,049. The
average five year budget for the new drainage department
is shown on the last attachment. The dollars shown are a
mixture of capital requirements and maintenance costs.
~COMMNND~TXON
Set. a public hearing for September 16, 1993 for the
Municipal Drainage System fees.
O~E IsLtrI.F.R ClltO,.n AL.LE~,
214/727-0100
SEP
8 '93 9:53 CITY OF ALLEN
PAGE.OG
0RDINANCH, NO.,
*~*} h~ 6st~i~ a s~ulc of drat~gc ~cs a~t all real pro~r~ zn thc pro~
a~a gubj~ to ~ar~s under thfs sumpter; ano,
~ the ~ty ~11 pro~ drgn~ ~r ~ r~ pm~ ~ ~Pro~d s~i~ area on pa~ent
of ~~ ch~8~, ~pt r~i pro~ ~pt~ under t~s su~nnp~r; ano,
~m~ the ~ ~ offer dr~a~ sc~ on non~~ato~, r~nabie, and equable te~s;
an~
~ ~c ~W has sa~fi~ the p~u~l r~ulromon~ ~mbl~h~ by thc A~ as ~ndi~ons
pr~t to the ado~ion of ~is or~an~.
~W, ~~ ~ ~ 0~~ BY ~ ~ ~~ OF ~ ~ OF ~,
S~ON 1: ~c foll~ing sch~ulc of dmi~gc charg~ is hcrc~ 1~i~ against all real pro~
l~ng ~in thc City of ~lcn, Texas, subject to draina~ ~argcs under Subchapter C of Chapter ~
of ~e T~s ~ ~vcmment ~de:
A. Residential Property
1. Single Family Zoned Property
Base l~lat Rate Clhar~e
(1) Property zoned and developed for townhous¢ usc under TH Townhousc, site plan
or PD zoning for said use shall be charged $2.75 per month per unit.
(2) Property zoned and developed for duplex use under 2F duplex residential, site plan
or PD zoning for said use shall be charged $2.75 per month per unit.
(3) Property zoned and developed for single family residential .usc under R-2, R-3, Ri
4, R-$ single family residential, site plan or PD zoning for smd use shall be char~eo
$2.?5 per month per unit.
(4) Property zoned and developed for garden home residential use under Git garden
home residential, site plan or PD zoning for said use shall bc charged t;2.75 per
month per unit.
(:5) Property zoned and developed for mobile home park use under lVIH mobile home
~. SEP 8 '~3 8:54 CITY OF ALLEN PAGE.O?
park, site plan or PD zoning for said usc shall bc charged $2.75 p~r month per
unit.
2. Multi-Family Zoned Property
a. Pro .l~crty zoned and dcvdopod for .m, ulti-family uses under .MF-1, MF*2, MF-3 multi-
filmily, site plan or PD zoning for satd uses shall be charged $18.72 pot acre of land per
month.
Alternate charie is $110.80 ocr impervious acre per month, said acreage to be submitted
on a site plan ~howing the t' mpcrvlous area to thc City _F, ngin?r, and. s. ald.plat to bc
scaled by are. gistercd professional engineer or registered protessionai lano_su~cyor.
The baS0 charge is in effect until thc City Igngineer has accepted the said site plan.
B. Commercial/Industrial Property
The charge for property zoned and dtwcloped for commcrdal or industrial us~s under O. LR,
SC, LC, OB, CC, IT, LI, OI, HI, site plan or PD zoning ~or said uses shall be charged as follows:
Base charge is $18.72 per acre per month.
Alternate chargc is $110..80 per lmp~rvious ac. re per mon.th, said acreage to bc submitted on
a site plan showing thc impervious arcs to tile City Bngmccr, and said plat to be scaled by
.a r.cgistered professional ongine~r or registered professional land surveyor. The base charge
is m effect until thc City H, ngineer has accepted thc said site plan.
3. A maximum of $:50.00 shall be charged per property,
Day care conters~hurches
The charge for day care centers/churches, regardless of zoning, shall be charged as follows:
The base charge shall be $I4.56 per acre per month.
Alternate charge is $20.80 per impervious acre par month, said acrcagc to be submitted on
a site plan showing,the impervious area to the City En.ginccr, a.nd said plat.to b.e seal. ed by
a r.egistered professional cngin, eer or registered profcssiorml, lano surveyor. 'l-ne t~asc charge
is tn effect until the City l~ngmecr has accepted the said site plan.
3. A maximum of $$0.00 shall be charged per property.
SECIION 2: Exemptions are those allowed by Section 402, that being:
(a) Thc State of Texas;
(b) The County of Collin;
(c) Thc City of Allen;
(d) Thc Independent School Districts in Allen;
(c) Proporty with proper construction and maintenance of a wholly sufficient and privately
owned drainage system;
(fi Property held and maintained in its natural state, until such time that thc property is
developed and all of the public infrastructure constructed has been accepted by the City for
maintenance;
Ordinance No. Page 2
SEP
8 '93 9:54 CITY OF ALLEN PAGE.08
(g) 'A subdivided lot, until a structure has been built on the lot and a certificate of occupancy
has been issued by the City.
Si~-TIION 3: All billings, credits, rules and other proccdu.res relating to this charge shall bc subject
to the provisions of V.T.C.A., Local C, ovcmmcnt Code, Section 402.041, et seq., and shall specifically
include the following:
There shall bo a charge on each monthly utility statement for thc Municipal Drainage Utility
System pursuant to this ordinance and as authorized herein. Thc C. fty Manager or his
desig~n_ ee is authorized to collect such char~cs in a manner consistent with thc City Charter
and State law. The drainage fee will be a separate linc item on thc utility statement and
shall bc dearly identified as a separate charge.
(b) Bxccpt as othcnvisc provided herein, billing, cl?rgcs and collection procedures shall bc
consistent with that of the water and sewer scrvwcs.
(c) Drainage charges shall be identified separately on the utility billing. Billing shall be
consistent with V.T.CA., Local C~vcrnmcnt Cc, dc, Section 40'2.048.
(d) Delinquent charges shall be collected in a manner consistcm with V.T.C.A., Local
Oovernment Code, Section 402.050.
(c) Thc City Manager or his designee(s) may, from time to time, adopt rules for the
'administration of thc dralnaffc charge.
SI/CTION 4: That the terms and pwvisions of this ordinance shall be decmcd to be severable and
that if any section, subsection, scntcnce, dauso or phrase of this ordn.a, ncc should be.declared .to bo
invalid, the same shall not affect thc validity of any other section, subsection, sentence, ctause or phrase
of thLq ordinance.
SI3C*I'ION $: That the rates established by this ordinance shall be effeotive October 1, 1993.
~ON 6: That this ordinance has been adopted by at least a majority vote of thc entire City
Council and shall be effective immediately from and after its passage,
DULY P~ AIq'D APPROVI~-r~ BY ~ CITY COUNCIL OF TI-IE CITY OF AI.X.F_.H, COLIAN
COUKrY, 'I'F. XAS, ON Tiffs THE DAY Ol= , 1993.
APPROV~.r~:
J6c Farmer, MAYOR
Ordinance No. Page 3
SEP 8 '83 S:55 CITY OF ALLEN PAGE.OS
TOTAL PAGE.08 ~