HomeMy WebLinkAbout1996-2187 - Ordinance - 06/27/1996ORDINANCE NO. 2187
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTED
PURSUANT TO THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT, TEXAS
LOCAL GOVERNMENT CODE CH. 402.041, ET SEQ., SUBCHAPTER C,
ESTABLISHING THE CITY OF COLLEGE STATION MUNICIPAL DRAINAGE UTILITY
SYSTEM IN THE CITY OF COLLEGE STATION, TEXAS; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas, to protect the public
health and safety from the loss of life and property caused by surface water overflows
and surface water stagnation, desires to establish a municipal drainage utility system
within the boundaries of the City of College Station, Texas, pursuant to the authority
vested in it by TEX. LOCAL GOV'T. CODE ~j402.041, et seq.; AND
WHEREAS, the City Council of the City of College Station, Texas desires to provide for
the rules for the use and operation of such system and prescribe and establish fees,
together with the assessment, levy and collection thereof, to finance and fund such
municipal drainage utility system;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS;
The City Council of the City of College Station, Texas, finds it to be in the public
interest to protect the public health and safety from loss of life and property caused by
surface water overflows and surface water stagnation within the boundaries of the City
of College Station, and further finds that to protect such public interests:
The City of College Station City Council hereby establishes a
municipal drainage utility system within the boundaries of the City
of College Station, Texas.
The City of College Station drainage utility system will provide
drainage for all real property within the City on payment of
drainage charges.
The City Council of the City of College Station, Texas will
periodically establish by resolution a schedule of drainage charges
against all real property in the city subject to charges pursuant to
TEX. LOCAL GOV'T. CODE Ch. 401, subchapter C.
The City of College Station will offer such drainage service on non-
discriminatory, reasonable and equitable terms.
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Ordinance No. 2187 Page2
I1.
The College Station Drainage Utility System hereby established is declared to be a
public utility of the City of College Station, Texas. The City of College Station, Texas
shall have full authority to operate such Municipal Drainage Utility System pursuant to
liven pursuant to TEX. CONST. Article Xl, Section 5, and TEX. LOCAL
the authority g~v,
GOVT. CODE 402, subchapter C.
III.
Rules for the operation end conduct of the College Station Municipal Drainage Utility
System shall be adopted and codified into the College Station Code of Ordinances,
consistent with the authority granted to the City of College Station by the State of
Texas.
IV.
It is hereby declared to be the intention of the City Council that the sections, para-
graphs, 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 valid judgment or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of 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.
The City Council of the City of College Station convened in regular session, open to the
public, on the 27th day of June, 1996, at the meeting place designated in the notice
and the roll was calledof the members, to wit: Mayor Lynn Mcllhaney, Larry Marriot,
David Hickson, Bill Fox, Hubbard Kennady and Dick Birdwell. All the members of the
Council were present, thus constituting a quorum. Whereupon among other business,
this ordinance establishing the Drainage Utility System was considered.
It was then duly moved by Council member David Hickson, and seconded by Council
member Hubbard Kennady, that the findings be made and this ordinance be adopted.
After due discussion, such findings were made and the motion prevailed and carried by
the following vote:
Mayor Mcllhaney Ave
Hickson Ave
Fox Aye
Marriot Ave
Kennedy Ave
Birdwell No
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Ordinance No. 2187 Page3
VI.
This ordinance shall be in full force and effect from and after the 1st day of October,
1996.
PASSED, ADOPTED and APPROVED this the 27th day of June, 1996.
APPROVED:
A'I-rEST:
Connie Hooks, City Sebretary
LYNN~MclLHANEY, Mayor
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