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Home My WebLink About1996-2206 - Ordinance - 09/12/1996ORDINANCE NO. 2206 AN ORDINANCE AMENDING CHAPTER 11, SECTION 7, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, SETTING FORTH REGULATIONS GOVERNING THE MUNICIPAL DRAINAGE UTILITY SYSTEM ESTABLISHED BY ORDINANCE NO. 2187 OF THE CITY OF COLLEGE STATION, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Collie Station, Texas, on the 27th day of June, 1996, adopted Ordinance No. 2187, creating and establishing a municipal drainage utility system to protect the public health and safety from the loss of life and property caused by surface water overflows and surface water stagnation; WHEREAS, the City Council of the City of College Station, Texas, finds that the classification of benefited properties sot forth herein is non-discrirmnatory, equitable, and reasonable; WHEREAS, the City Council of the City of College Station, Texas, finds that all real property within the City shall pay drainage charges so that the City of College Station can provide drainage WHEREAS, the City Council finds that it should adopt regulations pertaining to the real property that should be charged and for the operation and conduct of the College Station Municipal Drainage System; and WHEREAS, the City of College Station, Texas, has held a public hearing on the charges levied and imposed, after publishing notice of such public hearing, all in the manner prescribed by TEX. LOCAL Gov~r. CODE, Ch. 402, Subchapter C; NOW TttEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That Chapter 1, Section 7, of the Code of Ordinances of the City of College Station, is hereby mended to read as follows: "SECTION 7. MUNICIPAL DRAINAGE UTILITY SYSTEM A. DEFINITIONS (1) Commercial Usage: Any enterprise or establishment whose main purpose is to carry on a commercial activity whether for profit or not. Said definition shall include all uses not failing within the category of Single Family Residential or Multi-family Residential; including, but not limited to churches, hospitals, schools, industries and utilities. (2) City: A municipal government that owns real property either in fee simple or as an easement interest in the City of College Station city limits. (3) Church: A place for the purpose of religious study, worship, fellowship, education and contemplation, including but not limited to a sanctuary, parish house, public school, parochial school, rectory or convent. For the purpose of this ordinance, real property used as a church shall be considered a commercial usage. j~/~ordimuddrain~t 9/11/9~ ORDINANCE NO. 2206 Page 2 Bo (10) (4) Consumer: Every natural person, firm, partnership, joint venture, associ.ati~)~e corporation, governmental entity or other entity which owns real property m t e jurisdictional limits of the City of College Station, 'l'exas. (5) Hospital: A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, or apart- ment hotel. For the purpose of this ordinance, real property used as a hospital shall be considered a commercial usage. (6) Industrial: Real property on which manufacture or assembly is carried on for profit, employing labor or machinery. (7) Lot: A "lot" is a physical and undivided tract or parcel of land as shown by a duly recorded subdivision plat or by metes and bounds description. (8) Multi-family: Residential housing designed for more than one occupant family, including but not limited to hotels, motels, boarding rooms, dormitories, apart- ments, condominiums, and townhouses, including duplexes. (9) Sin~,le Family Residential: Real property consisting of a tract, lot or parcel of land utilized for one single family residence. Right=of-Way: Real property owned in fee simple or as an easement interest for the purpose of placinl~ utilities or roadways. For the purpose of this ordinance, real property used as right-of-way shall be considered a commercial usage. (11) School: Real property utilized as an institution of learning and education. For the purpose of this ordinance, real property used as a school shall be considered a commercial usage. (12) Utilities: Any property owned by a private or public utility, for the purpose of providing water, sewer, or electric service. For the purpose of this ordinance, real property used for utilities shall be considered a commercial usage. (13) Vacant Land Area: Land held and maintained in its natural state. CLASSIFICATION OF REAL PROPERTY The real property benefitting from the ordinance shall be classified as follows: (2) (3) Commercial; Multi-family; and Single family residential. js/e/oniinan/draindist 9111/96 ORDINANCE NO. 2 2 0 6 Page 3 C. EXEMPTIONS Do The following consumers shall be exempt from the Municipal Drainage Utility System: (1) (2) (3) (4) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; Property held and maintained in its natural state, until such time that the property is developed and all of the ~ublic infras~re constructed has been accepted by the City of College Station mr maintenance; A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the City of College Station; and The following governmental entities: Texas A&M University College Station Independent School District City of Bryan RATES SET BY RESOLUTION (1) (2) Basic drainage rates and charges shall be set by resolution passed by the City Council of the City of College Station. The City Council may ch. ange, adjust and readjust the rates and charges established herein for drainage servaces from time to time by resolution. All charges shall be made in accordance with the classification of properties by the following categories: Land Use Single Family Residential Multi-family Residential Commercial (3) Commercial service shall be calculated on the basis of building square footage. Single Family Residential and Multi-family Residential service shalbe charged on thc basis of a set fee per lot, tract or parcel. PAYMENT OF BILLS (1) Payment must be received at thc City of College Station Utility Billing Department on or before the due date marked on the bill. In the event full payment is not received on or before the due date, a late penalty will be assessed equaling ten percent (10%) of the unpaid current balance with a minimum charge of Twenty- five Dollars ($25.00). ORDINANCE NO. 2206 Page 4 (2) All College Station water, electric and sewer utility connections may be severed for any consumer of utilities who falls to pay any or all of the drainage system utility service bill. The same shall be restored only when all amounts due to the City have been paid in full." II. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the v.~.id judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutio_nal, i.'ty shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections or- this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. This Ordinance shall be in full force and effect from and after the 1st day of October, 1996. PASSED, ADOPTED and APPROVED this the 12th day of September, 1996. APPROVED: LYNN McILHANEY, May~r ATTEST: CONNIE HOOKS, ~i~ Secretary ja/e/mdinnn/draindist 9/!!/96