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~ - .... LtC) :\iE O~ " <.) UJ~ ~M ~ ct ~~ D~ 8 u iij~ "::c ~ >~ ~ O:::e ~ ~~ -::::... UJ:2E o ~~ (\j W.Jcn cn_ L.1C C ~ i=: ~ ~ C_ o LU ~ -~\ LL~ >0 0:::8 ~~ .......:\iE ~~ wJQ? en....... Q 119 ORDINANCE NO. 1999- l) l) { AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ESTABLISHING THE CITY OF SAN MARCOS DRAINAGE UTILITY BY AMENDING CHAPTER 86- UTILITIES OF THE SAN MARCOS CITY CODE TO ADD ARTICLE 8 - DRAINAGE UTILITY; DEDICATING CITY- OWNED ASSETS TO THE UTILITY; ESTABLISHING A SERVICE AREA FOR THE UTILITY; AUTHORIZING THE PLANNING AND ENGINEERING DEPARTMENTS TO PROMULGATE RULES AND REGULATIONS FOR THE EFFICIENT ADMINISTRATION OF THE DRAINAGE UTILITY; ESTABLISHING THE DRAINAGE ADVISORY BOARD BY AMENDING CHAPTER 2, ARTICLE 3, DIVISION 7 OF THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE. >8 O::::f;!; <C~ .... l:i :2E PO ~ ~ c UJcn cn_ Ci> i=:>- -~ c",:)(3 RECITALS: 1. Subchapter C, Chapter 402 of the Local Government Code authorizes the creation and operation of municipal drainage utilities. 2. The City of San Marcos' drainage program would be enhanced by conversion of the City's drainage facilities to a drainage utility. 3. A public hearing on the establishment of a drainage utility was held on April 12, 1999 after publication of the proposed ordinance in the San Marcos Daily Record on March 7, 1999, March 21, 1999, and Apri19, 1999. 4. After the close of the public hearing the City Council finds that the City will establish a schedule of drainage charges against all real property in the proposed service area of the City's drainage utility. 5. The City Council finds that the City will provide drainage for all real property in the proposed service area on payment of the drainage charges, except for real property exempted from the charges. 6. The City Council finds and determines that drainage from the entire area of the City flows to the Blanco River or San Marcos River and on this basis, these rivers are subject to the control of the City. 7. The City Council finds that the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. 8. The City Council fmds that the health, safety, and welfare of the Citizens of San Marcos will be improved by establishment of the City of San Marcos drainage utility and finds that the City's drainage system is a public utility. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 86 - Utilities, of the San Marcos City Code is amended by adding Article 8 - Drainage Utility, to read as follows: ARTICLE 8. DRAINAGE UTILITY Sec. 86.501. Declaration of purpose. (a) After a public hearing on the matter, the city council finds, determines and declares that DU07-12-99.wpd