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HomeMy WebLinkAboutO-1161-3-93ORDINANCE NO. 1161-3-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE ESTABLISB[ME TT OF THE "ALLEN MUNICIPAL DRAINAGEUTH=SYSTEM;" MAKINGCERTAINFINDINGS AND RECITALS INREGARD TO SAID SYSTEM; AND ENACTING PROVISIONS INCIDENTAND RELATING TO THE SUBJECT AND PURPOSES OF THIS ORDINANCE. WI[ERFAS, 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 Allen, Texas (the "City"), is authorized 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 municipality subject to the charges under the Act, (ii) provide drainage for all real property in the City on payment of drainage charges, except real property exempted under the Act, and (iii) offer drainage service on 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, VIEWI EAS, 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 Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: 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. SECITON 2: 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: The City will provide drainage for all real property within its boundaries 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 terns. SECTION 4: 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 billings, the drainage charge to be separately identified. SECTION 5: Upon the passage of this ordinance, the City may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act. SECTION 6: The City is authorized to exempt certain entities or persons from all ordinances, resolutions and rules which the City may adopt from time to time in connection with the adoption of the Act and the establishment of its municipal utility drainage system. SECTION 7: This ordinance has been adopted by at least a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TIE CITY OF ALLEN, TEXAS, ON THE 4 TH DAY OF MARCH , 1993. APPROVED AS TO FORM: APPROVED: 7t*�� oe Farmer, MAYOR ATTEST: Ordinance No. 1161-3-93 page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Municipal Daraining _ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday. January 24, 1993 and which was issued on January 24, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this �� day o*!:! ,A.D My COMMISSION E?tPtfies December 5, NARY LBLIC in and for COLLIN COUNTY, TEXAS Publisher's. fee $ 12. 38 19_�F 3 CITY OF ALLEN NOTICE NOTICE OF PUBLIC HEARING ON A PROPOSED MUNICIPAL DRAINAGE UTILITY SYSTEM NOTICE is hereby given that a public hear- ing will be held before the City Council of the City of Allen, Texas at 7 30 p.m. on March 4, 1993, in the Council Chambers at -City Hall, One Butler Circle, Allen, Texas, so consider the adoption of Subchapter C -of Chapter 402, Texas Local Government ;Code, and the establishment of a munici- pal drainage utility system., ,If you have any questions,• comments or suggestions about the creation of a Munici- pal Drainage Utility System, please plan to attend the public hearing at the City Coun- `ctl meeting or call Allen Public Works De- partment at 727-0160. A copy-of'the proposed city ordinance au- thorizing the creation of a new storm water utility is included in the legal notice section of, this, newspaper. - - AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Minicipal Drainage of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 7, 1993; February 14, 1993 & February,, 28, 1993 and which was issued on February 7, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. e_ SUBSCRIBED AND SWORN to before me this %0 day of A. D. 19 l9 V. A. TODD My COMMISSION D(PIA December 5, 1998 Publisher's fee $37.14 f a, PUBLIC in and for COLLIN COUNTY, TEXAS r- - 1 CITY OF ALLEN NOTICE tNOTICE OF PUBLIC HEARING ON A PROPOSED MUNICIPAL DRAINAGE UTILITY SYSTEM I NOTICE is hereby given that a public hear- ing will be held before the City Council of the City of Allen, Texas at 7:30 p.m. on March 4, 1993, in the Council Chambers at "City Hall, One Butler Circle, Allen, Texas, to consider the adoption of Subchapter C of Chapter 402, Texas Local Government Code, and the establishment of a munici- pal drainage utility system. If you have any questions, comments or suggestions about the creation of a Munici- pal Drainage Utility System, please plan to attend the public hearing at the City Coun- cil meeting or call Allen Public Works De- partment at 727-0160. A copy of the proposed city ordinance au- thorizing the creation of a new storm water utility is included in the legal notice section ' of this newspaper. CITY OF ALLEN NOTICE NOTICE OF PUBLIC HEARING ON A PROPOSED -MUNICIPAL DRAINAGE UTILITY SYSTEM NOTICE is hereby given that a public hear- ing will be held before the City Council of the City of Allen, Texas at 7 30 p.m. on March 4, 1993, in the Council Chambers at City Hall, One Butler Circle, Allen,'Texas, to consider the adoption of Subchapter C of Chapter 402, Texas Local Government Code, and the establishment of a munici- pal drainage utility system. i If you have any questions, comments or suggestions about the creation of a Munici- pal Drainage Utility System, please plan to attend the public hearing at the City Coun- I cil meeting or call Allen Public Works De- partment at 727-0160. " A copy of the proposed city ordinance au- thorizing the creation of a new storm water utility is,included in the legal notice section of this newspaper. CITY OF ALLEN NOTICE NOTICE OF PUBLIC HEARING ON A PROPOSED MUNICIPAL DRAINAGE UTILITY SYSTEM NOTICE is hereby given that a public hear- ing "will be held before the City Council of the City of Allen, Texas at 7:30 p.m. on March 4, 1993, in the Council Chambers at City Hall, One Butler Circle, Allen, Texas, to consider the adoption of Subchapter C of Chapter 402, Texas Local Government Code, and the establishment of a munici- pal drainage utility system. If you have any questions, comments or suggestions about the creation of a Munici- pal Drainage Utility System, please plan to attend the public hearing at the City Coun- cil meeting or call Allen Public Works De- partment at 727-0160. A copy of the proposed city ordinance au thorizing the creation of a new storm water utility is included in the legal notice section of this newsaaoer. — — SPROPOSED'IORDINANCE---.� An Ordinance of the City of Allen,, Coll nl County, Texas, Providing for the establish-t AFFIDAVIT AND PROOF OF PUBLICATION Imentofthe"Allen Municipal Drainage ity System"; making certain findings and- recitals in regard -to said system; ands THE STATE OF TEXAS enacting provisions incident and relating to the subject and purposes of this ordinance. COUNTY OF COLLIN WHEREAS, pursuant to Subchapter C ofk Chapter 462 of the Local Government, BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE Code known as the "Municipal Drainage Utility Systems Act" (the "Act"), the City) TACKETT, who having been by me duly sworn, on oath deposes and says: Council of the City of Allen, Texas (the "City") is authorized and empowered to That she is the General Manager of THE ALLEN AMERICAN, a newspaper published, adopt the Act; and COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulationWHEREAS, the Act requires that the City, , through its governing body, must find thai said county, and having been published regularly and continously for more than twelve (12 the City will (i) establish a schedule of months prior to publishing drainage charges against all real property in the municipality subject to charges i under the Act. (ii) provide drainage for all Pro osed Ordinance P real property in the City on payment of drainage charges, except real property ex- empted under the Act and (iii) offer drain- age service on nondiscriminatory, reason- able and equitable terms; and WHEREAS, the Act,requires that prior to of which the attached is a true and written copy, and which was published in THE ALLEN enacting the ordinance adopting the provi- sions of the Act, the governing body must AMERICAN on publish a notice Ina newspaper of general circulation in the City stating the time and February 7, 1993; February 14, 1993 & February 2 8 1993 _ place of a public hearing to consider the; proposed ordinance; and I• WHEREAS, the City has satisfied the pro- and which was Issued On February 7 , and 3 cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance; and by City of Allen Of COLLIN COUNTY, TEXAS. WHEREAS, the City has found and deter mined and does herebyfind and determinel that it is appropriate to adopt the Act and to A printed copy of said publication IS attached hereto. establish a municipal utility drainage sys- tem as provided in the Act; and 1 WHEREAS, the City has further found und and I determined and does hereby further find r c and determine that drainage of the City to be a public utility within the meaning of the p �� Act; I NOW, THEREFORE, BE IT ORDAINED SUBSCRIBED AND SWORN to before me this day of A.D. 19 / BY THE CITY COUNCIL OF THE CITY OF �... I+ V. A. TODD ALLEN, COLLIN COUNTY, TEXAS, THAT. SECTION 1: That the preambles of this -a-0`—N MY COMMISSION EXPRES �E , ordinance set forth above are hereby incor �. December 5, 19% porated by reference as if fully set forth ,, •...• + herein and are,true and correct findings TARY PUBLIC in and for COLLIN COUNTY, TEXAS 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 Coun- cil; and the drainage of the City is hereby found to be a public utility within the mean- ing of the Act. SECTION 3: That the City will provide drainage for all real property within its boundaries upon payment of the deter- mined drainage charges, as defined in the Act, and excluding certain exempted real property, and that the fees, assessments, and charges will be based on non- discriminatory, reasonable, and equitable terms. SECTION 4- That the City is hereby au- thorized to bill the drainage charges in- curred as a result of the adoption of the Act and establishment of the municipal utility drainage system thereunder, with its other public utility billings, the drainage charge to be separately identified. SECTION 5: That, upon the passage of this ordinance, the City may levy a sche- dule of drainage charges upon satisfaction of the procedural requirements provided in DULY PASSED AND APROVED BY THE" the Act. SECTION 6: That the City is authorized to CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, COLLIN COUNTY, TEXAS, ON THIS THE exempt certain entities or persons from all : DAY — ordinances, resolutions, and rules which the City may adopt from time to time in 1993 APPROVED AS TO FORM: ATTEST: connection with the adoption of the Act and the establishmerit'of it"s municipal—utility APPROVED: Joe Farmer, MAYOR drainage system. SECTION 7: That this ordinance has been A. Don Crowder, CITY ATTORNEY Judy Morison, CITY SECRETARY adopted by at least a majority vote of the _ entire City Council and shall be effective .immarh,gtPIv_from I and after,its Dassage.s, An Ordinance of the City of Allen, Collin County, Texas, Providing for the establish- ment of the "Allen Municipal Drainage Util- ity System"; making certain findings and recitals in regard to.said system; and enacting provisions incident and relating to the subject and purposes of this ordinance. 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 Allen, Texas (the "City") is authorized 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 municipality subject to charges under the Act. (ii) provide drainage for all real property in the City on payment of drainage charges, except real property ex- empted under the'Act and (iii) offer drain- age service on nondiscriminatory, reason- able and equitable terms; and WHEREAS, the Act, requires that prior to enacting the ordinance adopting the provi- sions 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 pro- cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance; and WHEREAS, the City has found and deter- mined and does hereby find and determine that it is appropriate to adopt the Act and to establish a municipal utility drainage sys- tem as provided in the Act; and j WHEREAS, the City has further found and determined and does hereby further find and determine that drainage of the City to be a public utility within the meaning of the Act; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF: ALLEN, COLLIN COUNTY, TEXAS; THAT: SECTION 1: That the preambles of this ordinance set forth above are hereby incor- porated by reference as if fully set forth hereini 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 Coun- cil; and the drainage of the City is hereby found to be a public utility within the mean- ing of the Act. SECTION 3: That the City will -provide drainage for all real property within its boundaries upon payment of the deter- mined drainage charges, as defined in the Act, and excluding certain exempted real property, and that the fees, assessments, and charges will be based on non- discriminatory, reasonable, and equitable. terms. SECTION 4: That the City is hereby au- thorized to bill the drainage charges in- curred as a result of the adoption of the Act and establishment of .the municipal utility drainage system thereunder, with its other, public utility billings, the drainage charge to be separately identified. SECTION 5: That, upon the passage of this ordinance, the City may levy a sche- dule of drainage charges upon satisfaction of the procedural requirements provided in the Act. SECTION 6: 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 time in connection with the adoption of the Act and the establishment of its municipal utility drainage_ system. PROPOSED ORDINANCE An Ordinance of the City of Allen, Collin County, Texas, Providing for the establish- ment of the "Allen Municipal Drainage Util- ity System"; making certain findings and recitals in regard to said system; and enacting provisions incident and relating to the subject and purposes of this ordinance. 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 Allen, Texas (the "City") is authorized 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 municipality subject to charges under the Act. (ii) provide drainage for all real property in the City on payment of drainage charges, except real property ex- empted under the Act and (iii) offer drain- age service on nondiscriminatory, reason- able and equitable terms; and WHEREAS, the Act requires that prior to enacting the ordinance adopting the provi- sions 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 pro- cedural requirements established by the Act as conditions precedent to the adop- tion of this ordinance; and WHEREAS, the City has found and deter- mined and does hereby find and determine that it is appropriate to adopt the Act and to establish a municipal utility drainage sys- tem as provided in the Act; and WHEREAS, the City has further found and determined and does hereby further find and determine that drainage of the City to be a public utility within the meaning of the Act; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: That the preambles of this ordinance set forth above are hereby incor- porated 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 Coun- cil; and the drainage of the City is hereby found to be a public utility within the mean - ng ofthe_Act. SECTION 7. T'hat"this di ar�'nce has been' adopted by at least a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE DAY OF 1993. - — APPROVED AS TO FORM: ATTEST: APPROVED: Joe Farmer, MAYOR A. Don Crowder, CITY ATTORNEY Judy Morrison, CITY SECRETARY 5tc I IUN 3: That the City will provide drainage for all real property within its boundaries upon payment of the deter- mined drainage charges, as defined in the Act, and excluding certain exempted real property, and that the fees, assessments, and charges will be based on non- discriminatory, reasonable, and equitable terms. SECTION 4: That the City is hereby au- thorized to bill the drainage charges in- curred as a result of the adoption of the Act and establishment of the municipal utility drainage system thereunder, with its other public utility billings, the drainage charge to be separately identified. SECTION 5: That, upon the passage of this ordinance, the City may levy a sche- dule of drainage charges upon satisfaction of the procedural requirements provided in the Act. SECTION 6: 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 time in connection with the adoption of the Act and the establishment of its municipal utility drainage_ system. _ _ SECTION 7: That this ordinance has been adopted by at least a majority vote of the entire City Council and shall be effective immediately from and after its passage. DULY PASSED AND APROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE DAY OF 1993. APPROVED AS TO FORM: ATTEST: APPROVED: Joe Farmer, MAYOR A- Don Crowder, CITY ATTORNEY Judy Morrison, CITY SECRETARY AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing //6,/ Ordinance # -3-93 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, March 10, 1993 & Sunday, March 14, 1993 and which was issued on March 10, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN -i�+W yid V. A. TODD +.�'•}= MY COMMISSION Di December 5,1' Publisher's fee $ 22 . 50 to before me this day of A.D. 19 93 — + f Q' j PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 4, 1993 (Title only): Ordinance No. 1161-3-93: An Ordinance of the City of Allen, Collin County, Texas, Providing for the Establishment of the "Al- len Municipal Drainage Utility Sys- tem;"Making Certain Findings and Reci- tals in Regard to Said System; and Enact- ing Provisions Incident and Relating to the Subject and Purposes of this Ordinance. A copy of this ordinance may be read or purchased in theoffice of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 4, 1993 (Title only): Ordinance No. 1161-3-93: An Ordinance of the City of Allen, Collin County, Texas, Providing for the Establishment of the "AI - len Municipal Drainage Utility Sys- �tem;"Making Certain Findings and Reci- tals in Regard to Said System; and Enact- ing Provisions Incident and Relating to the Subject and Purposes of this Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secret ary, City of Allen, One Butler Circle, Allen,,, 'Texas 75002. j /s/ Judy Morrison I City Secretary