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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 I ROPy� [SEAL] 0 °7 g�