ORD 951 09/28/2010 of C1
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ORDINANCE NO.9 51
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, TO CREATE AND
ESTABLISH A MUNICIPAL UTILITY DRAINAGE; DECLARING IT TO BE A
PUBLIC UTILITY UNDER THE ADMINISTRATIVE CONTROL OF THE CITY
MANAGER; ESTABLISHING THE SERVICE AREA OF SAID UTILITY;
PROVIDING THAT THERE SHALL BE NO WAIVER OF THE CITY OF
CIBOLO'S IMMUNITY FROM LIABILITY; PROVIDING AN EFFECTIVE DATE;
AND AMENDING THE CIBOLO CODE OF ORDINANCES TO ADD THESE
PROVISIONS.
WHEREAS, The Federal Clean Water Act, adopted in 1972 and amended in 1987, requires that
cities with over 10,000 population and located in the vicinity of urbanized areas as defined by the
U.S. Environmental Protection Agency (EPA) must develop and carry out a Stormwater
Management Plan; and
WHEREAS, The Texas Commission on Environmental Quality has the responsibility to review
and approve the Stormwater Management Plan for such cities; and
WHEREAS, The City intends to comply with Federal and State Laws; and
WHEREAS, it has long been recognized that urban development has a potential to create
downstream flooding conditions which may result in the loss of life and property, health and
safety hazards, disruption of commerce and governmental services and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public health, safety
and general welfare; and
WHEREAS, Due to the increase of impermeable surface, such as buildings and paving, in the
City, and the increased runoff from such development throughout the City, there is a need to
manage drainage more efficiently and to improve water quality, reduce flooding, and protect the
public health, safety, and welfare; and
WHEREAS, the Environmental Protection Agency of the United States of America ("E.P.A.")
mandated the regulation of storm water discharge under the Clean Water Act (the "Act," 40 CFR
122.34), and,
WHEREAS, the Clean Water Act, at the discretion of the T.C.E.Q., further requires MS4 cities
and towns to implement and enforce water management practices to ensure that storm water
damage is minimized to the extent required by Federal Law; and
WHEREAS, the City of Cibolo, Texas has a duty under the United States Constitution, the Texas
Government Code and the Texas Local Government Code to establish methods for controlling
non-storm water and stormwater discharges to the storm drainage system to the maximum extent
practicable as required by federal and state law; and
WHEREAS, The City is authorized by state law under the Texas Local Government Code,
Chapter 552, Subchapter C, to create a Municipal Utility Drainage in a manner similar to the
City's Water and Wastewater Utilities; and
WHEREAS, Creation of a Municipal Utility Drainage will ensure a source of funding which
may be applied only to the operation, maintenance, and improvement of the municipal separate
storm sewer system, including streets, gutters, inlets manholes, junction boxes, storm sewer
systems, roadside ditches, swales, channels, creeks, rivers, and other natural and man-made
stormwater conveyance facilities located within the city limits of Cibolo and within dedicated
public rights-of-way or easements; and
WHEREAS, the City must create a Municipal Utility Drainage for the reasons herein stated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT:
That the Code of Ordinances of the City of Cibolo, Texas, is hereby amended by adding a new
Chapter, which reads as follows:
MUNICIPAL UTILITY DRAINAGE
SECTION I. FINDINGS
A. The City Council has found and hereby finds that:
1. The City will establish a Municipal Utility Drainage and adopt a schedule of
stormwater fees for all real property in the City's service area as herein described,
subject to fees allowable under the Texas Government Code, Chapter 552,
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Subchapter C.
2. The City will provide stormwater services and operate, maintain, and improve the
Utility Drainage system facilities and natural waterways for all lots and tracts within
the City limits.
3. All lots and tracts within the City limits are hereby automatically included in the -
municipal stormwater system and are eligible to receive stormwater services
concurrent with payment of Utility Drainage fees, except any real property exempted
under the Texas Government Code, Chapter 552, Subchapter C, including City-
owned land, such as streets, alleys, parks, facilities, drainage easements, utility land
and easements, rights-of-way, lakes, creeks, and other natural areas, and including
lots or tracts without any development.
4. The City will offer Utility Drainage services on nondiscriminatory, reasonable and
equitable terms in accordance with the Stormwater Management Plan adopted by the
City Council of the City of Cibolo.
SECTION H. PUBLIC NOTICE
A. Prior to the adoption of this ordinance, the City Council caused to be published in a
newspaper of general circulation in the City a notice stating the time and place of a public
hearing to consider this ordinance. The notice was published prior to the date of the
hearing in accordance with the City Charter and state law.
B. It is officially found, determined, and declared that the meeting at which this Ordinance is
adopted was open to the public, and public notice of the time, place, and subject matter of
the public business to be considered at such meeting including this Ordinance, was given,
all as required by the Texas Government Code, Chapter 551, as amended.
SECTION M. ESTABLISHMENT OF A MUNICIPAL UTILITY DRAINAGE
A. The provisions of the Texas Local Government Code, Chapter 552, Subchapter C, are
hereby adopted and a Municipal Utility Drainage is hereby established by the authority of
that Subchapter and by the authority granted to the City's City Council by Texas state law
and the City Charter.
SECTION IV. PUBLIC UTILITY
A. The Municipal Utility Drainage System and the related stormwater services of the City
are declared to be a public utility. Existing public drainage and stormwater facilities are
incorporated in the Municipal Utility Drainage System as permitted by the Texas Local
Government Code, Section 552.046.
B. The Municipal Utility Drainage and its stormwater facilities, assets, and employees shall
be under the administrative control of the City Manager, or his designee. The operating
budget of the Municipal Utility Drainage will be reviewed and approved by the City
Council annually.
SECTION V. SERVICE AREA
A. The Municipal Utility Drainage service area is the area within the city limits of Cibolo,
Texas, pursuant to the Texas Local Government Code, Section 552.044(8).
SECTION VI. NO WAIVER OF 1M1VIUNITY
A. This ordinance does not imply that a benefited property will be free from flooding,
stormwater pollution or erosion, and does not create additional duties on the part of the
City.
B. This ordinance does not waive the City's immunity under any law.
SECTION VII. EFFECTIVE DATE
A. This ordinance shall become effective immediately upon adoption.
PASSED AND APPROVED this a S day of SQpT , 2010
Cl./'l: �1/1/
(3ennifer a , Mayor.
AT1EST:
ern
Peggy Cimics, City Secretary :F
APPROVED AS TO LEGAL SUFFICIENCY r
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City Attorney's Office R �
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