HomeMy WebLinkAbout028323 ORD - 09/29/2009ORDINANCE
REPEALING ORDINANCE 027699 RELATED TO SETTING UP A
STORM WATER UTILITY SYSTEM; AND DECLARING AN
EMERGENCY.
WHEREAS, on May 13, 2008, the City Council passed Ordinance 027699 establishing
the City's Storm water system as a public utility, declaring the city's storm water utility
as part of the City's combined water utility system, incorporating existing facilities into
the storm water utility system, providing for segregation so storm water utility income
form other city accounts, providing that issuance of storm water revenue bonds or
combined utility systems bonds may be repaid with revenue from the storm water utility
bonds; and
WHEREAS, no actions were ever taken to implement Ordinance 027699; and
WHEREAS, under the Ordinance and under State Law, the City was to establish a
schedule of storm water charges, and establish and enforce rules; and
WHEREAS, the City never established a schedule of storm water utility charges, nor
rules; and
WHEREAS, the City never levied any charges under the storm water utility, there has
never been any storm water utility income, nor issuance of storm water revenue bonds;
and
WHEREAS, on August 25, 2009, City Council passed Motion No. 2009242 to cease
implementation of the storm water utility rate; and
WHEREAS, Section 552.054(2) of the Texas Local Government Code provides as
follows: "This subchapter [subchapter "C," Chapter 552, Texas Local Government Code]
does not preclude a municipality from utilizing revenues, other than drainage utility
revenues, for drainage purposes,"
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Ordinance No. 027699 is repealed, retroactive to May 13, 2008.
SECTION 2. The storm water public utility is dissolved.
SECTION 3. All facilities, supplies, and materials incorporated into the storm water
utility are unincorporated and are part of the City's storm water system.
SECTION 4. This Ordinance takes effect immediately.
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092909 ORD repealing Ord #027699 for storm water
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SECTION 5. Upon written request of the Mayor or five council members, copy attached,
the City Council finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular
meetings so that this ordinance is passed and shall take effect upon first reading as an
emergency this the 29th of September, 2009.
Armando Chapa
City Secretary
fli
Veronica Ocanas
Assistant City Attorney
for City Attorney
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092909 ORD repealing Ord #027699 for storm water
THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
: ay of 6-eA , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
Jo "Aflame, Mayor
City of Corpus Christi
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
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