MDUD Ordinance & ResolutionORDINANCE 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 GovERNMENr CODE, the city Charter, and its home -rule authority as
provided under Article Xl, Section 5, of the TEXAS CONSTITUTION.
B. 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.
C. 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.
1. 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 (ME)
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 (0)
• Retail (R)
• Special Use Permit
Non - Residential (SUP)
a. Flat rate chargf
City Council.
• Light Industrial (LI) • Commercial (C)
• Heavy Industrial (HI) • Highway Commercial (HC)
• Planned Development • Town Center (TC)
Non - Residential
per acre per month as established by resolution of the
b. 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.
b. 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.
RESOLUTION NO. 2004 - 0309.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS TO ESTABLISH A SCHEDULE OF DRAINAGE
CHARGES AGAINST ALL REAL PROPERTY WITHIN THE CITY OF
COPPELL FOR THE FUNDING OF THE MUNICIPAL DRAINAGE
UTILITY SYSTEMS ORDINANCE NO. 2004 -1070.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Ordinance No. 2004 -1070 to provide for the establishment of a municipal drainage utility
system; and
WHEREAS, the City Council of the City of Coppell desires to establish appropriate,
reasonable and necessary charges as set forth therein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That a schedule of drainage charges as shown herein shall be adopted by
separate resolution by amending Resolution No. 0109963, The Master Fee Schedule, in part, by
adding a schedule of drainage charges to Chapter 9, Coppell City Code, Article 9 -22, Section 9-
22 -5, which shall read as follows:
" Sec. 9 -22 -5. Drainage charges.
(1) Residential Property.
a. Single- family zoned property.
$1 /per unit
b. Multi - family zoned property.
$7 /per acre
with Minimum Fee of $5 and Maximum Fee of $75
(2) Commercial /Industrial property.
a. ...
$8 /per acre
b. ...
$9 /per impervious acre
C. ...
Minimum Fee of $5 and Maximum Fee of $75
(3) Day Care Center / Church.
a. ...
$7 /per acre
b. ...
$9 /per impervious acre
C. ...
Minimum Fee of $5 and Maximum Fee of $75
SECTION 2. That all provisions of the Ordinance No. 2004 -1070 and of the City of
Coppell, Texas, in conflict with the provisions of this resolution be, and the same are hereby,
repealed, and all other provisions of Ordinance No. 2004 -1070 and of the Ordinances of the City
not in conflict with the provisions of this resolution shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, or section of this resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
resolution 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 resolution as a whole.
SECTION 4. That this resolution shall take effect immediately from and after its
passage and publication as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the day of , 2004.
.•
DOUGLAS bf. STONER, MAYOR
ATTEST:
LIBBY B , CITY SECRETARY
APPROU @A,S TO FORM:
ROBERT E. HAIR, CITY ATTORNEY