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Home My WebLink About032543 ORD - 09/07/2021Ordinance adopting Subchapter C of Chapter 552 of the Texas Local Government Code and declaring the drainage of the City of Corpus Christi ("City") to be a public utility and part of the City's combined utility system and establishing the City's storm water system as a municipal drainage utility system; incorporating existing facilities into the municipal drainage utility system; providing for segregation of revenue from drainage charges; and providing that issuance of storm water revenue bonds or combined (water, wastewater, gas and storm water) utility revenue bonds may be repaid with revenue from the municipal drainage utility system charge. WHEREAS, the City Council desires to protect the public health, safety, and welfare of the citizens of Corpus Christi by reducing the risk of loss of life and property caused by surface water overflows and surface water stagnation and by reducing pollution arising from non -point source runoff; and WHEREAS, the City Council desires to establish a Municipal Drainage Utility System for the City and adopt the Municipal Drainage Utility Systems Act as set forth in Subchapter C of Chapter 552 Texas Local Government Code (the "Act"); WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the Municipal Drainage Utility System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City of Corpus Christi (City or Municipality) declares the storm water drainage of this municipality to be a public utility and finds, in accordance with Subchapter C of Section 552.045(b) of the Texas Local Government Code that: (a) the municipality will establish a schedule of drainage charges against all real property in the proposed service area (municipal boundaries) subject to charges under this subchapter; (b) the municipality will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under this subchapter; (c) the municipality will offer drainage service on nondiscriminatory, reasonable, and equitable terms. SECTION 2. In accordance with Section 552.046 of the Texas Local Government Code, the City incorporates the existing municipal storm water drainage facilities and related 1 032543 SCANNED supplies and materials in the Municipal Drainage Utility System. SECTION 4. Subsequent to passage of this ordinance and following the provision for public notice and public hearing, the City will establish, by separate ordinance, a levy of drainage utility charges for all properties in the service area. SECTION 5. The drainage charges collected by the Municipal Drainage Utility System shall be segregated and deposited in the City's Storm Water Fund (aka "Municipal Drainage Utility System" fund). SECTION 6. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water) utility revenue bonds to be repaid, in full or in part, with the use of revenue from municipal drainage utility charges. SECTION 7. The establishment of a drainage utility system by the City does not relieve private landowners, developers, other individuals, and entities from responsibility for providing drainage improvements in connection with land development pursuant to State or Federal law or other City ordinances pertaining to stormwater or surface water runoff, drainage management or drainage improvements. SECTION 8. The establishment of a Drainage Utility System by the City does not imply or warrant that a benefitted property will be free from flooding, stormwater pollution, or stream erosion. The City makes no representation that all drainage problems will be remedied. SECTION 9. This ordinance does not create additional duties on the part of the City or create new liability or remedies for any flooding, stream erosion, deterioration of water quality or other damages. Nothing in this ordinance shall be deemed to waive the City's immunity from suit or immunity from liability, or to reduce the need or necessity for benefitted properties to obtain flood insurance. SECTION 10. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the 1 `)1- day of NJ, +.)6`(, 2021, by the following vote: Paulette M. Guajardo PI John Martinez PH .— 2 Roland Barrera Gil Hernandez Michael Hunter Billy Lerma � rl Abe:AA'c Ben Molina Mike Pusley Greg Smith That the foregoing ordinance was read for the second time and passed finally on this the l day of hAr-2021, by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma Eye A04 Ai/Q John MartinezA-1/__ Ben Molina Mike Pusley /I Greg Smith U' PASSED AND APPROVED on this the 1\r\ day of SAQ krN\.\Q-Zi-, 2021. ATTEST. le—tc4f2_6( /11 IP Rebecca Huerta Paulette M. Guajardo City Secretary 3 O324'3 Mayor , • Laflier TImes • f F'T or- 't}HL U:A 10O4'r t.f 1"60R.' Certificate of Publication CITY OF CORPUS CHRIS TI -SECRETARY PO BOX 9277 CORPUS CHRISTI, TX 78401 STATE OF WISCONSIN) )) COUNTY OF BROWN) I, being first duly sworn, upon oath depose and say that I am a legal clerk and employee of the publisher, namely, the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: 07/30/2021, 08/01/2021, 08/08/2021 ry „� On this August 8, 202 , I certify that the attached document C7 is a true and exact co made by the publisher: -� O z7 I � O � G Legal Notice Cl k N N zrn o i4t{tirt ,... Notary ic, State of isconsin, unty of Brown q-11. 24 Notary P Expires VICKY FELTY Notary Public Publication Cost: $3,555.20 State of Wisconsin Ad No: 0004843142 Customer No: 1490432 PO#: ORD #of Affidavits1 This is not an invoice ray 11<,•c Vr' r'VOL14 r}cmcir/V I V 1.01.0 I.l1UG1[ CREATING A MUNICIPAL DRAINAGE UTILITY SYSTEM Public Notice is hereby given that the City Council of the City of Corpus Christi will hold o public hearing to consider on ordinance creating a Municipal Drainage Utility System on August 31, 2021 during the Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street,Corpus Christi,Texas. A copy of the Ordinance establishing the City's Storm Water System as a Municipal Drainage Utility System in accordance with Subchapter C of Chapter 552 of the Texas Local Government Code is attached to this Notice of Public Hearing as required by the Act. A copy of the proposed ordinance may also be viewed on the City's website (www• cctexas.com),and at any City public library. Ordinance adopting Subchapter C of Chapter 552 of the Texas Local Government Code and declaring the drainage of the City of Corpus Christi ("City") to be a public utility and port of the City's combined utility system and estab- lishing the City's storm water system as a municipal drain- age utility system; incorporating existing facilities into the municipal drainage utility system; providing for segrega- tion of revenue from drainage charges; and providing that issuance of storm water revenue bonds or combined (water, wastewater, gas and storm water) utility revenue bonds may be repaid with revenue from the municipal drainage utility system charge. WHEREAS, the City Council desires to protect the public health, safety, and welfare of the citizens of Corpus Christi by reducing the risk of loss of life and property caused by surface water overflows and surface water stagnation and by reducing pollution arising from non-point source runoff; and WHEREAS, the City Council desires to establish a Munici- pal Drainage Utility System for the City and adopt the Mu- nicipal Drainage Utility Systems Act as set forth in Sub- chapter C of Chapter 552 Texas Local Government Code (the"Act"); WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the Municipal Drain- age Utility System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City of Corpus Christi (City or Municipali- ty) declares the storm water drainage of this municipality to be a public utility and finds, in accordance with Sub- chapter C of Section 552.045(b) of the Texas Local Government Code that: (a) the municipality will establish a schedule of drainage charges against all real property in the proposed service area (municipal boundaries) subject to charges under this subchapter; (b)the municipality will provide drainage for all real Prop- erty in The proposed service area on payment of drainage charges, except real property exempted under this sub- chapter; (c) the municipality will offer drainage service on nondis- criminatory,reasonoble,and equitable terms. SECTION 2. In accordance with Section 552.046 of the Texas Local Government Code, the City incorporates the existing municipal storm water drainage facilities and re- kited supplies and materials in the Municipal Drainage Utility System. SECTION 4. Subsequent to passage of this ordinance and following the provision for public notice and public hear- ing,the City will establish, by separate ordinance, a levy of drainage utility charges for all properties in the service area. SECTION 5. The drainage charges collected by the Munic- ipal Drainage Utility System shall be segregated and de- posited in the City's Storm Water Fund (aka "Municipal Drainage Utility System"fund). SECTION 6. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water) utility rev- enue bonds to be repaid, in full or in part, with the use of revenue from municipal drainage utility charges. SECTION 7. The establishment of a drainage utility sys- tem by the City does not relieve private landowners, devel- opers, other individuals, and entities from responsibility for providing drainage improvements in connection with land development pursuant to State or Federal law or oth- er City ordinances pertaining to stormwater or surface water runoff, drainage management or drainage improve- ments. SECTION S. The establishment of a Drainage Utility Sys- tem by the City does nut imply or warrant that a benefitted property will be free from flooding, stormwater pollution, or stream erosion. The City makes no representation that all drainage problems will be remedied, SECTION 9. This ordinance does not create additional du- nag nn the nnrt of the City nr rranta npw Iinhility nr rpm- V411G4 IMP VI NY fIVVVlfly, ?If¢V111 VII)?iVIF, VVIR*14.1f 4111Vff VI water quality or other damages. Nothing in this ordinance shall be deemed to waive the City's immunity from suit or immunity from liability, or to reduce the need or necessity • for benefitted properties to obtain flood insurance. SECTION 10. All provisions of any ordinance In conflict • with this Ordinance ore hereby repealed to the extent they ore in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the reveal prevent a prosecution from being com- menced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11, If any section, paragraph, clause, or provi- sion of this Ordinance shall for any reason be held to be in- valid or unenforceable, the invalidity or unenforceability of such section, paragraph, douse or provision shall not af- fect any of the remaining provisions of this Ordinance. /3/Rebecca Muerte City Secretary