DR9302-CS 941231 (2)AN ORDINANCE OF THE CITY OF COPPELL, TEXA~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
PROVIDING FOR TH~ ESTABIASHMENT OF THE ~
MUNICIPAL DRAINAGE UTILITY SYSTEM~, MAKING CERTAIN
ENACTING PROVISIONS INCIDENT AND RELATING TO THE~
AND PURPOSES OF THIS ORDD/ANCE; PROVIDING A REPEAIANG
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING
WHEREAS, purp_mnt 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 authorized and empowered to adopt the Act; aud
WHEREAS, the Act requires that the City, through its governing body, must find that
the City will (i) establish a schedule of drainage char~ against all real pro~rty in the
mnnicipality subject to the charges under the Act, (ii) provide drntnn~e for all real property
in the City on payment of drainage chnrges, except real property exempt~ under the
Ordinance, and (iii) offer drainage service on nondiscrimlnntoty, reasonable, and equitable
terms; and
WI4g. REAS, 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
c/rcuiation in the City stating the time and place of a public hearing to eonsider the
proposed ofcllnnnce; nncl
WHEREAS, the City has satisfied the procedural requiren~nts established by the Act
as conditions precedent to the adoption of thlg ord_innnce; 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 n~_mldl~ utility dr~n-ge 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 he a public utility w/thin the m~nnlng Of the Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS.'
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SECTION 1~
That the preambles of this or~ t~t ~ abo~ sl'e h~r~by incollmr~ed by
reference as if fully set forth herein and are true and corr~'t flndinss and determinations
of the City.
SECTION 2:
Act and by the City Council, and the dr*innge of the City is her~y found to be a public
utility within the men-lng of the Act.
SEC'rlON 3~
That the City will provide drainage for all real property within it~ bolllldari~ which
is established as the service area of the system, upon payment of tho determined drnlnnge
charges, n~ defined in the Act, and excluding certnin exem~e~l real prope~, ~ the fe~,
assessments, nnd cha~ge~ will be ba~ed on non-d~, re~ and equitable
terns.
SF.~'TION 4~
of the adoption of the Act ~nd e~tablislunent o! the ~ u~lity drainage ~/~tem
thereunder with its other public utility billings, the drainage charge to be separately
identified.
SECTION ~:
That upon the passage of this orrlinnnce, the City may levy a sc. he~__d~ of draittage
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SECTION
into the drainage utility system.
SECTION 7.'
resolutions and roles which the City may adopt frmn time to ~ in ~ with tbe
adoption of the Act and the establishmen~ of its municipal utility ~ systen~
SECTION 8: REPF.~T ~G CLAUSE
Tha~ all provisions of ordinances of the City of Coppell, Texas, in ~ with th~
provisions of tMs ordinsnce be, and the ssme are hereby, repesled, sad all other provisions
not in con~llct with the provisions of this ordinance shall remain in full force and effect.
SECTION ~. S~VERABn.rFY CLAUSE
That should any sentence, paragraph, subdivision, clause, phrase or secure of thi.~
ordinance be adjudged or held to be unconstitutional, ille~l or invalid, tbe um~ shall not
affect the validity of t~hl, ordinance as a whole, or any part or provision thereof mhe. r 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.
SEC~ON 1~ EFFECITVE DATE
That thi~ ord/nanco shall take effect immedht~ from ami after its pam~o.
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DULY PASSED by the City Council of the City of Coppell, Txms, this
day of ,1994.
APPROVE~.
TOM MORTON, MAYOR
~ SECRETARY
APPROVED AS TO NORM:
~Y
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