ORD 2003-19LI—Ci �I�hziT1�� RfI��iL1Ti C
ORDINANCE NO. 2003 —19
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING FOR THE ESTABLISHMENT OF A PUBLIC
STORMWATER DRAINAGE UTILITY AND ADOPTING THE
MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT,
SUBCHAPTER "C" OF CHAPTER 402 OF THE TEXAS LOCAL
GOVERNMENT CODE, AS AMENDED; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING DEFINITIONS;
PROVIDING FOR THE ADOPTION OF FINDINGS; PROVIDING
FOR THE DESIGNATION OF PROGRAM RESPONSIBILITY;
PROVIDING EXEMPTIONS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, within the Town of Trophy Club ("Town") there is an existing
stormwater drainage system that has been constructed, owned and maintained by Trophy
Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2
(hereinafter collectively referred to as "MUDS") for the purpose of collecting and
disposing of stormwater runoff (hereinafter "Stormwater Drainage System"); and
WHEREAS, Town and MUDs have recently entered into a contract wherein
MUDs transferred ownership and control of the existing Stormwater Drainage System to
the Town of Trophy Club and such transfer is to be effective upon the adoption of the
necessary ordinances by the Town; and
WHEREAS, pursuant to Subchapter C of Chapter 402 of the Texas Local
Government Code, known as the Municipal Drainage Utility Systems Act (hereinafter
referred to as the "Act"), the Town Council for the Town of Trophy Club, Texas, is
authorized and empowered to adopt the Act; and
WHEREAS, the Act requires that the Town, through its governing body, must
find that the Town will (i) establish a schedule of stormwater drainage utility fees
(hereinafter referred to as "Fees") against all real property in the municipality subject to
the charges under the Act, (ii) provide drainage for all real property in the Town on
payment of drainage fees, except real property exempted under the Ordinance, and (iii)
offer drainage service on non-discriminatory, 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 Town, such notice consisting of the full text of the proposed Ordinance
and stating the time and place of a public hearing to consider the proposed Ordinance,
and that the governing body shall publish such notice three (3) times before the date of
the hearing with the first notice being published on or before thirty (30) days before the
date of the hearing; and
WHEREAS, the Town has satisfied the procedural requirement established by
the Act as condition precedent to the adoption of this Ordinance; and
WHEREAS, the Town has found and determined that it is appropriate to adopt
the Act to establish a municipal utility drainage system as provided therein and that the
drainage of the Town is a public utility within the meaning of the Act;
WHEREAS, the adoption of the Act and regulation of the Stormwater Drainage
System in accordance with the terms of the Act and other applicable state and local laws
and ordinances is necessary and essential to ensure that the collection and disposal of
stormwater within the Town limits adequately protects the health, safety, and welfare of
the citizens of Trophy Club, including but not limited to, providing protection from
surface water overflows and pollution arising from runoff waters;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PRENUSES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
When used in this Ordinance, the following terms shall have the respective
meanings ascribed to them:
Director: The Town Manager of the Town of Trophy Club, or his/her designee.
Drainage: Bridges, catch basins, channels, conduits, creeks, culverts, detention
ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and
appurtenances to those items, whether natural or artificial, or using force or
gravity, that are used to draw off surface water from land, carry the water away,
collect, store, or treat the water into natural or artificial watercourses.
Facilities: The property; real, personal, or mixed, that is used in providing
drainage and included in the System.
Service Area: The boundaries of the Town, Trophy Club Municipal Utility
District No. 1, Municipal Utility District No. 2 and any other land areas outside
the municipal boundaries which, as a result of topography or hydraulics,
contribute overland flow into the watersheds served by the Drainage System of
the Town; provided however, that to the extent applicable, such Service Area does
not extend further than the boundaries of the Town's extraterritorial jurisdiction
nor does the Service Area extend into the boundaries of any other municipality.
,Stormwater Drainage Utility System, or Drainage System or System: The
Drainage owned or controlled in whole or in part by the Town, including the
Town's existing drainage facilities, materials, and supplies, and dedicated to the
service of benefitted property, including provisions for additions, extensions, and
improvements thereto and replacements thereof, excluding from the foregoing,
however, to the extent now or hereafter provided by law, facilities of any kind
which are declared by the Town Council, prior to the acquisition or construction
thereof by the Town, not to be a part of the System and which are acquired or
constructed by or on behalf of the Town with the proceeds from the issuance of
special facilities bonds in a manner now or hereafter authorized by law.
Town: The Town of Trophy Club, Texas.
SECTION 3.
ADOPTION OF FINDINGS
The Town Council of the Town of Trophy Club hereby declares that it finds each
of the following to be true and correct statements:
A. The Town finds that the adoption of Texas Local Government Code 402.041 et
seq., as amended, entitled "Municipal Drainage Utility Systems Act," (hereinafter
the "Act"), serves the best interests of the public and hereby adopts the Act in its
entirety.
B. The Town finds and declares that the drainage system of the Town shall be a
public utility, and pursuant to the provisions of the Act, the Town incorporates its
existing drainage facilities, materials, and supplies into the Stormwater Drainage
System hereby declared to be a public utility.
C. The Town will establish a schedule of drainage charges against all real property in
the proposed Service Area subject to charges under the Act, and such charges
shall be levied upon passage of this Ordinance after satisfaction of all other
procedural requirements provided in the Act;
D. The Town will provide drainage for all real property in the proposed Service Area
on payment of drainage charges, except real property exempted by the Act; and
E. The Town will offer drainage service on nondiscriminatory, reasonable and
equitable terms.
F. The Town will adopt and enforce rules related to the subject of municipal
drainage and as it considers appropriate to operate the Stormwater Drainage
Utility System by the passage of appropriate Ordinances, Resolutions and rules.
SECTION 4.
DESIGNATION OF PROGRAM RESPONSIBILITY
It shall be the duty of the Director to administer the System. The Director shall
keep an accurate record of all properties benefited or served by the services and facilities
of the System and make changes in accordance with the rates and fees adopted by the
Town.
SECTION 5.
EXEMPTION CLAUSE
The following shall be exempt from the provisions of all rules, Resolutions, this
Ordinance and any other Ordinances adopted by the Town pursuant to the Act:
A. Property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
B. 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 Town for maintenance;
C. A subdivided lot, until a structure has been built on the lot and a certificate of
occupancy or the equivalent for residential properties has been issued by the
Town.
SECTION 6.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at
the time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim, air lawsuit, which has been initiated or has
arisen under or pursuant to such other Ordinances on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose, the Ordinance shall remain in full force and effect.
SECTION 7.
SEVERABILITY
If any section, paragraph, sentence, phrase, clause, or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance, and the Town Council hereby declares that it would
have passed such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 8.
SAVINGS
That all rights and remedies of the Town of Trophy Club, Texas, are expressly
saved as to any and all violations of the provisions of any other Ordinance affecting
Town Council procedures policy which have secured at the time of the effective date of
this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof, shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 10.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish in
one issue of the Official newspaper of the Town of Trophy Club, the Caption, Penalty
and Effective Date of this Ordinance, as required by Section 52.01.1 of the Texas Local
Government Code.
SECTION 11.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy CIub is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 12.
EFFECTIVE DATE
That this Ordinance shall become effective from and after its date of passage and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council f—TTb y Club, Texas, on
this 20th day of October, 2003.
yor
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
Effective Date:
APPROVED AS TO FORM:
114�+Ur". , aza)
Town Attorney
Town of Trophy Club, Texas
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