Ord 2020-041/Stormwater Utility Ch. 86, Article 8, Division 1 & 2 amendment

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ORDINANCE NO. 2020-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 86, ARTICLE 8, DIVISIONS 1 AND 2 OF THE SAN MARCOS CITY CODE TO, AMONG OTHER THINGS, CHANGE THE RATE STRUCTURE OF THE STORMWATER UTILITY TO AN IMPERVIOUS BASIS FOR ALL CUSTOMER CLASSES, AND TO UPDATE PROVISIONS REGARDING THE MAINTENANCE AND REPAIR OF STRUCTURAL CONTROLS IN CONNECTION WITH THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4); INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Article 8, Division 1 of the San Marcos City Code is hereby amended to read as set forth below. Added text is indicated by underlining and deleted text is indicated by strikethroughs. ARTICLE 8. — DRAINAGE STORMWATER UTILITY DIVISION 1. - DRAINACU STORMWATER UTILITY FEE Sec. 86.501. Declaration of purpose. (a) After a public hearing on the matter, the city council finds, determines and declares that in order to protect the citizenry from the loss of life and property caused by surface water overflows, surface water stagnation and pollution arising from nonpoint source run-off within the boundaries of the service area established in this article, it is necessary and in the best interest of the public health and safety to establish a drainage stormwater utility as authorized by state law. (b) To this end, the city council will establish a schedule of dry stoimwater charges against all real property in the service area, subject to the limitations of state law, and the city will provide drainage for all real property in the service area on payment of the drainage charges, except as to real property exempted from the charges under section 86.509. The city will offer drainage service on nondiscriminatory, reasonable and equitable terms. Sec. 86.502. Definitions. In this article: