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DR9302-CS 941231AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE crrY OF COPPELL, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF A ~lEDULE OF DRAINAGE CHARGES FOR THE ~ MUNICIPAL ~E UTILITY SYSTEM· LI~VIED AGAINST ,~LL REAL PROPERTY THE CITY OF COPPELL, TEXA~, SI.]ll~CT TO SUCH CHARGES UNDER SECTION 402.041, ET SEQ., SUBCHAP'IY, R C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPE~I~'NG CLAUSE; PROVIDING A SEVERABILITY CLAUSEI AND ESTABLISHING AN EFFECTIVE DATE. WHERE., pursuant to Suhe~pter C of Chapter 402 of the Local Government Code known as the M-nlclpal 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 ,hi~ 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 thi~ Ordinance; and WHEREAS, the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and 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 ueder Subchapter C of Chapter 402 of the Texas Local Government Code: A. Residential Property Single Fsmily Zoned Property Be (1) Property zoned ~I'developed for townhouse use under be char ed $ z per month per uait. (2) Property zoned ~dca~d~eloped for duplex use under 2F-9 duplex reside~n~i, site plan or PD zoning for rmid use sh~!! be c,l~,r~e.d $ ~ ~-~ per month per unit. (3) (4) Property zoned and developed for ~ fnmily residential use, SF-U, SF-7, $F-9, SF-12, 5F-18, ~ family residential, site plan or PD ZOning for said use shall be charged $ ~ ~ per month per nnit~ Property zoned ~ developed for mobile home park use ~md~er MH mobile home park, site phm or PD zon!n~ for said use 2. Multi-Family Zo{~l Property Property zoned and developed for multi-fsmlb~ uses under MF-1, MF- 2, multi-family, site plan or PD zoni~ for sidd uses shall be _charged $ per acre of land per month. be Alternate charge is $ per impervious acre per month, said acreage to be submitted on a site plan showin~ the impervious area to the City Eo~neer, ~ said plat to be sealed by a registered professional engineer or registered profe~dmlai ~ lul~y~. The base charg~ is in effect until the City En~ne, er has aece~:l the said site plan. Commerciaiflndustriai Property The charge for property zoned and developed for commercial or industrial uses under O, R, I+C, C, TC, LL HI, SUP, site plan or PD zo~la~ for said uses shall be ch_~rged as follows: 1. Base charge is $ , per acre per month. Alternate charge is $ per impervious me per month, said acresge to be submitted on a site plan showing the impervious area to the City Engineer, and said plat to be sealed by a registered profes~ionai ensineer or registered professio ~d laud surveyor. The base charge is in effect until the 2 City End,er has accepted the said site plm~ Day care centers/Churches The charge for day care center/churches, regardless of zoning, shah be char~ed as follows: 1. The base charse shall be $ per ac~e per month. o Alternate charge h $ per im.nerviom acre per month, said acreage to be sub~tted on a site plan showin~ the imp~as area to the City Engineer, and said plat to be sealed by ii re~isWred professional en~ueer or City Engineer has accepted the said site plan. SECTION That the following entities and properties shall be exempted from the charg~ set out herein, to wit: A. The State of Texas B. The Counties of Dallas and Denton C. The City of Coppell D. The Coppell Independent School Dis~ct Property with proper construction and m~intenance of a wholly sufficient and privately owned drainage system. Property held and maintained in its natural state, until such ~me that the property is developed and all of the public infrastructure constn~ has been agoopted by th~ City for maintenance. A subdivided loi, until a structure h~ been built on the lot and a certificate of Occupancy has been issued by the City. SECTION 3. That all biNinE~, credits rules and other procedures relati%o to this char~ shall be subject to the provisions of V. T. C. A., Local Government Code, Section 402.041, et seq, and shall specifically include the following: A. There shall be a charge on each monti~ utility state~znl for the Municipal Drainage Utility Sys~m pursuanl to thi~ ordinan~ and ss authorix~ herein. The City Manager or his designee is authorized to coll~ such ~ in a m~nner consistent with the City Charter and State law. The draina~ fee will be a separate line item on the utility statement n_nd_ shaH be clearly identified as a separate chnrge. B. Except as otherwise provided herein, b'dlin5 charges and collection procedures be consistent with that of the water and sewer services. C. Drainage charges shall be identified separately on the utility billing. Billing .,hn!! be consistent with V. T, C. A, Local Government Code, Section 4(X2.04~ D. Delinquent charges shall be collected in a mnnner consistent with V. T. C. A., Lo~ Government Code, Section 402.050. E. The City Manager or his designee(s) may, from time to time, adopt roles for the admlni.~tration of the drainage charge. SECTION 4, That the rates established by this ordi__nnnce shall be effec~e day of ,1994. SECTION 5. REPF2,I.n~IG CLAUSE That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of thi.~ ordinance be, and the ~me are hereby, repealed, and all other provi~ons not in conflict with the provhions of this ordinance shall remain in full force ami effect. SEC'nON 6. Sv.V~lO, Bn.rrY CLAUSE That should any sentence, paragraph, subdivision, clause, phrase or seaion of tl~ ordinance be adjudged or held to be unconstitutional, illegal or invalid, the s~me shall not affect the validity of this or~innnce 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 s~r~ON 7. ~T'Ec"nv~ D~Tii That thi, ordinance shall take effect immediately from snd after i*z p~Se~ DULY PASSED by thc City Council of the City of Coppe~ Texas, thh the day of ,1994. APPROVE~. TOM MORTON, MAYOR A~: OTY SECRETARY APPROVED AS TO FORM: ~Y