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HomeMy WebLinkAbout022277 RES - 07/18/1995RESOLUTION DIRECTING THE SCHEDULING OF A PUBLIC HEARING ON CREATION OF A DRAINAGE UTILITY AND PUBLICATION OF NOTICE THEREOF WHEREAS,the City Council desires to schedule a public hearing on creation of a drainage utility pursuant to Chapter 402, Subchapter C, Texas Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A public hearing is hereby scheduled for September 12, 1995, to consider the proposed ordinance to create a drainage utility pursuant to Chapter 402, Subchapter C, Texas Local Government Code. SECTION 2. In addition to the public hearing required by law, the City Manager is directed schedule, notify citizens of, and conduct a public hearing on the proposed drainage utility in each single -member council district. SECTION 3. The City Manager is directed to cause publication of the proposed ordinance to create said drainage utility, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, in accordance with Chapter 402, Subchapter C, Texas Local Government Code. ATTEST: AStist-r--og City Secretary MAYOR THE CIT OF CORPUS CHRISTI APPROVED THIS THE 13TH DAY OF JULY, 1995: JAMES R. BRAY, JR., CITY ATTORNEY 022277 1 MICROFILMED AN ORDINANCE CREATING A DRAINAGE UTILITY PURSUANT TO SUBCHAPTER C, CHAPTER 402, TEXAS LOCAL GOVERNMENT CODE WHEREAS, federal legislation and regulations have been passed to reduce pollution from runoff into drainage systems, which runoff has been found to be a nationwide problem causing half of all water pollution; and WHEREAS, such federal regulations have imposed substantial costs on local governments, and costs of compliance are expected to increase in the future; and WHEREAS, the waters of Corpus Christi's bays and estuaries are vital to our economy and to our quality of life, and it is essential to reduce the existing level of pollution from paper, plastic, debris, oils, chemicals, and substances of all kinds; and WHEREAS, the City's drainage system is inadequate to prevent repeated flooding in many areas; and WHEREAS, there is an urgent need for corrective measures including: replacement of rolled -over curbs and gutters; increased size of curb inlets; larger storm sewer pipes; wider ditches; increased mowing, cleaning and maintaining of ditches; and systematic programs for removal of debris and litter from ditches and inlets; and WHEREAS, many neighborhoods, community groups, and citizens have repeatedly requested that problems of flooding, ditch maintenance, litter, and rolled curbs be solved; and WHEREAS, in Chapter 402, Subchapter C, Texas Local Government Code, ("Subchapter C") the Texas Legislature has recognized the need to address these problems in cities statewide, and has authorized funding through creation of drainage utilities to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff; and WHEREAS, the Texas Legislature's authorization requires that fees established to accomplish the purposes of a drainage utility be nondiscriminatory, equitable, and reasonable, and that they be established after public hearing; and WHEREAS, pursuant to Subchapter C, after public hearing in accordance therewith, the City Council finds: 1) the City will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under Subchapter C; EXHIBIT A T 2 2) the City will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Subchapter C; and 3) the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A new Article XVI, Drainage Utility, containing Sections 55-200 and 55-201, is added to Chapter 55, Utilities, of the Code of Ordinances of the City of Corpus Christi, Texas, to read as follows: ARTICLE XVI. DRAINAGE UTILITY Sec. 55-200. Drainage utility created. The Corpus Christi Drainage Utility is created. Chapter 402, Subchapter C, Texas Local Government Code is adopted. The drainage of the City of Corpus Christi is declared to be a public utility. Sec. 55-201. Service area. The service area of the Corpus Christi Drainage Utility shall be the city limits of the City, as presently configured and as the same may be amended from time to time. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Corpus Christi, Texas (12)/� day of Jti , 19 "l5 The above resolution was passed by the following vote: Mary Rhodes WV� Dr. Jack Best(" i Betty Black Melody Cooper Vnl Tony Heldenfels l/W\. Betty Jean Longoria %kt)L, John Longoria _ala Edward A. Martin 0 Dr. David McNichols 7 022277 2