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Ord 07-2011 1/18-2011ORDINANCE NO. 07 -2011 Ordinance Amending Section 106 -990 of the Code Of Ordinances Of The City Of Wichita Falls, relating to The City's Storm Drainage Utility System, Providing For Codification, And Declaring An Effective Date WHEREAS, Article IX of Chapter 106 of the Wichita Falls Code of Ordinances was approved on November 2, 2010, relating to the City's Stormwater Drainage Utility System; WHEREAS, Subchapter C of Chapter 552 of the Texas Local Government Code authorizes the City of Wichita Falls to establish a Stormwater Drainage Utility System and sets forth the requirements to approve and implement said System, and the City Council finds that the City has complied with all statutory pre- requisites for adoption of changes to said system, including public hearing and publication of the ordinance and notice of public hearing three times before the date of said public hearing, with the first publication at least 30 days before the hearing; and WHEREAS, the aforementioned publication and public hearing contained a correct statement of the entirety of Section 106 -990, but a portion of said section was omitted in the approved ordinance. This ordinance corrects that omission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: 1. Section 106 -990 of the Wichita Falls Code of Ordinances is amended to read as follows: See. 106 -990. Billing, deposits, and expenditures. (a) The City will bill for drainage services on the monthly utility bill along with water, sewer, and solid waste services. (b) There will be no separate deposit required. (c) In the case of a delinquent payment of the monthly utility bill, which includes the drainage charge, the city is authorized by Texas Local Government Code § 552.041 et seq., and by this article to discontinue service of all City utilities for nonpayment, even if the amount in dispute is the drainage charge component of the monthly utility bill. (d) The City shall identify and separate all drainage utility income. (e) The monies received from utility drainage charges shall be used only for purposes that are directly or indirectly related to the utility drainage system, as provided by law, including those costs of service defined in section 106 -986. 2. Codification The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 18th day of January, 2011. ATTEST: