O-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