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Home My WebLink AboutOrdinance 1727 ORDINANCE NO. 1727 AN ORDINANCE ADOPTING THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT, SAME BEING SECTIONS 402.041, ET SEQ., AND COMPRISING SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE, V.T.C.A. AND ESTABLISHING THE NORTH RICHLAND HILLS MUNICIPAL DRAINAGE UTILITY SYSTEM IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, to protect the public health and safety from loss of life and property caused by surface water overflows and surface water stagnation desires, pursuant to legislative authority, to establish a municipal drainage utility system within the municipal boundaries of the City of North Richland Hills, Texas and to provide 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 NORTH RICHLAND HILLS, TEXAS: 1. The City Council of the City of North Richland Hills, 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 North Richland Hills and further finds that to protect such public interests: (1) The City of North Richland Hills will establish a schedule of drainage charges against all real property in the City subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A. (2) The City of North Richland Hills will provide drainage for all real property within the City on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law; and (3) The City of North Richland Hills will offer such drainage service on non-discriminatory, reasonable and equitable terms. (4) The City of North Richland Hills will provide drainage for all real property upon payment of drainage charges on non- discriminatory, reasonable and equitable terms as funds become available and according to time and quantity priorities determined by the City Council. The City Council is vested with full and complete discretion in establishing priorities for drainage appropriations as funds become available. II. The North Richland Hills Drainage Utility System is herewith and hereby established and declared to be a public utility. The City of North Richland Hills shall have full authority to operate such Municipal Drainage Utility System pursuant to the authority given and contained under Article XI, Section 5, of the Texas Constitution, the North Richland Hills City Charter, and Ordinance No. 1727 Page 2 Sections 402.041, et seq., of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A. Sections 402.041, et seq., of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A., as now existing or as hereafter amended are herewith adopted. III. The North Richland Hills City Council will, by ordinance, adopt rules for the operation and conduct of the North Richland Hills Municipal Drainage Utility System, consistent with its authority and state law. IV. Prior to the levy of any drainage charges for the financing and funding of the North Richland Hills Municipal Drainage Utility System, the North Rich1and Hills City Council shall hold a public hearing on such charges pursuant to state law. v. Severability Clause. That 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 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. Effective Date. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED this 13th day of May, 1991. APPROVED: ATTEST: ßM~~~. City Secretary APP:US ~;/Ç IÆGALITY' ~~c~~~ ' Ordinance No. 1727, passed by a 4-3 vote by the City Council of the City of North Richland Hills, Texas on May 13, 1991 was approved by the undersigned in error. I have this day discovered that a three-fourths vote of the Council was required to enact such ordinance. I hereby revoke my signature of approval and declare this ordinance to have failed passage. Signed and filed in the Ordinance books of the City of North Richland Hills, Texas in the Office of the City Secretary this 11th day of June, 1991. ~--~~ ~ City of Nor c - Mayor Richland Hills, Texas LEGAL AFFIDAVIT THE STATE OF TEXAS:, COUNTY OF TARRANT ' J\ ATTACH LEGAL COpy HERE Before me, the undersigned authority on this day personally ap- peared P.L. LaMont· known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the CLAR of the MID CITIES NEWS, a newsl'a- per which has been regularly and continùously published and of general circulation in the City/I'own of N. RICHLANDS HILL,sfor a period of .more than one year next preceding the first publication of the attached LEGAL and that he caused said notice to be published in said newspaper on the following date(s). O~//I I.s; ~.ifJ/r/ That the attached is a true and correct copy of said notice as published on said dateCs) in said NE~.:Þ7R --, ff~~~~ .-/" ~~ Sworn to and subscribed before me, this the d5 day of ~ ~- 19::jL ~\~.*' ~ h\'Cí\ (l ~tTíl J ~,~J Nota:y Public, ~ TARRANT County, Texas LEGAL NOTICE The City Council of the City of, ,North RI.i' Hilla, Texas, will have a public hearing to coriìllllll: a proposed Ordinance (No. 1727) adopting the"_ nlclpal Drainage .syatemAot on.M. ay 13, 1,.9 9~".,.,....IIt.... 7:300 P.M. In the City Council Chambera at; 1 N.E. Loop' 820, North Rlchland Hilla, Texaa.., proposed ordinance la set out fully as follows: '. ."", "ORDINANCE NO. 1727 AN ORDINANCE ADOPTING THE MUNICIPAL DRAINAGE UTILITy STSTEMS ACT, SAME BE- ING SECTIONS 402.041, ET SEQ., AND COMPRIS- ING SUBCHAPTER. C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE:, V.T.C.A., AND E:S- TABLlSHING THE NORTH RICH LAND HILLS MUNICIPAL DRAINAGE UT.ILITY SYSTEM IN . THE CITY OF NORTH RICH LAND HILLS, TexAS; PROVIDING A SEVERABILITY CI,AUSE AND AN EFFECTIVE DATE. ' WHEREAS, the City Council of the City pf ........ Rlchland Hilla, Texas, to protect the public ....... and safety from loaa of IIf. and property by surface water overflowa and aurface wa- .agnatlon dealrea, purauant to laglaJathte au- y, toeatabllah a municipal drainage utility within the municipal boundaries of the City rth Rlchland Hills, Texas, and to provide for the use and, operation of auch syatem and rlbe and establish fees, together with the as- sessment, levy and collection thereof,' to finance and fund auch municipal drainage utility aystem. mNOW, THEREFORE, BE IT ORDAINED 'BY THE CITY COUNCIL OF THE CI.TV OF NORTH RICH LAND HILLS, TEXAS: I' I. The CIW Council of the City of North Rlch- land Hilla, Texaa, finds It to be In the public Inter- est to protect the pUblic health and, safety. from loaa of life and property caused by aurface water over- flows and surface water atagnatlon within the boundaries of the CIty of North RICltland' Hilla and further finds that to protect such public Interesta: (1) The City of North Rlchland Hills will es- tabllah a' acheciUIe of drainage charges against all real property In the City subject to chargeaunder Sections 402.041, et saq. of Subchapter C of Chapter 402 of the Local Govarnment Code, V.T.C.A., . (2) The City of North Rlchland Hille will pro- vide drainage for all real property within the CIty on peyment 0' drainage ch"gas.. except auCh real pro;>erty which may· be exempted therefrom as au- thorized by law; and - (3) The City. of North Rlchland Hilla will offer such drainage service on non-discriminatory, rea- sonable and equitable terma. ' II. The North Rlchlan. d Hilla DraInage Utility System Is herewith and hereby established. and de- clared to be a public utility. The CIty of North Rich- land . Hills shall have full authority. to operat.· such Municipal Drainage UtHlty Systempurauant t'Qthe' authority given and contained under Article XI. Section 5, of the Texu ConstItution, the . North Rlchland, Hills City Charter, and Sections 402.041, et seq., of Subchapter C of' Chapter 402 of the Local Government Code, V.T.C.A. Sections 402.041, et seq.,of ŠubchapterC 01 Chapter 402 of the Loca! .Government<Çode¡ V,T.C.A., as nOw exlatlng or as hereafteramehdéd are herewith adopted. . m. .' ",. North RlchlancHlIls O!tt'Coûncil will, ,,; ordlnanc¡e, adopt rules I)r the Operation and _ duèt òf.the North Rlchland Hilla MunIcIpal' 0.- aoe W~IHtySyatem, conalatel)t with Its authoF and atate law. " , ~'.. IV. PrJor ,to the levy' of any drainage chargee'.... ' the financing and funding of the North,. Rlchl.· Hills 'Municipal Drainage Utility Syatem, the Nortt\ Rlchland Hilla City Council ahall hold a public' hear- Ing on such chargeJpursuant to IItate law. V. SEVWISILITY .'.ÇI.AUSE. That It IS. hereby declared to biJ the inttntlOnof the CIty CounCil. that the 18CtktÞ!l, peragrtPhs, èantencea, Øl4U88!J.' and ~ . of'.. tltlSord\nåòce are severable, arid If. any phrase, clause,. 8trItì!ftCØ, paragraph or I8Ctlonof thl. ordinance ahall be declared Invalid or, uncon- stitutional bY. the v-,Id jUdgment or d. ecr.. of "'8.JIY Court of competantiUrfedlctlon," such Invalidity . or unconstitutionality shail \1ot , affect any of the r... mllllnlng phraaea, Clauses, ..ntences, paraoraphs .~... section.. ocdlnance, sll)~. the same -Wðûfd havatìd, by the City Council wlth,- óut. ttMiI I In thIs ordinance of any such In.slld 'or unconstitutional phrase, clauae, sen- tance. paragraph I)r section, EFFIiCTIV~ÓAT1E, . Thla ordinance IShall be In fùll' force and.. efflict . from and after Ita passage an!,i putlllcat\9l'ì,.,Pt~ by the North Rlchland ~~;'~~ ~d the ,laws of thè State of PASSED AND APPROVED this' ,1991. day of . e Rewis, City Secretary ED AS TO FORM AND LEGALITY: " ¡ ntlre, Attorney for City" TI'Ils"otlce Is executed thla 9th day of April, 1991. /a/ Jeanette· Rewis, CIty Secretary MCN CPN 725 PUB: 04/11/~1, 04/18/91 & 04/25/91