HomeMy WebLinkAboutORD 98-59 -Stormwater Drainage FeesORDINANCE NO. S�5 ?
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CITY OF GEORGETOWN CODE
OF ORDINANCES §13.28.100 RELATING TO STORMWATER DRAINAGE
FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, within the City of Georgetown ("City") there is an existing municipal
drainage system which has been developed over a number of years for the purpose of collecting
and disposing of stormwater runoff, and
WHEREAS, portions of the present system are inadequate to control and manage
stormwater runoff within the incorporated limits; and
WHEREAS, the City Council has examined into the manner and time of the giving and
publishing of the notice of a hearing to consider this proposed ordinance and has found that notice
of said hearing was duly, properly and legally given as required by law, said notice having been
given by advertisement inserted at least three times prior to the date of such hearing, in a
newspaper published and of general circulation in the City of Georgetown, Williamson County,
Texas, the first of which publications was made at least on or before thirty (30) days before the
date of the hearing; and
WHEREAS, the City has established a municipal drainage utility ("Drainage Utility")
within the boundaries of the City, as authorized by the provisions of Chapter 402, Subchapter C,
as amended, Local Government Code (the "Act"); and
WHEREAS, the City is authorized by the provisions of the Act to prescribe bases on which
the Drainage Utility may be funded and fees in support of the drainage utility may be assessed,
levied, and collected; and
WHEREAS, due to the Spring 1997 flooding (100 year storm event) the City Council of
the City of Georgetown decided to implement a two year capital improvements program to
improve drainage throughout the City; and
WHEREAS, the City Council of the City of Georgetown decided to pay debt costs relating
to capital improvements in a two-step rate increase process, increasing the per unit fee by $0.50
in each step. The first increase was adopted in October 1997, with another $0.50 increase
scheduled for 1998/99, this being the second phase of the increase; and
Amending § 13.28. 100 Ordinance No. "Jr�
Stormwater Drainage - Phase 2
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WHEREAS, a public hearing on the increase of the drainage utility fee will be held on
September 8, 1998, after publication of this proposed ordinance in the Williamson County Sun on
August 9th, 16th and 23rd, 1998; and
WHEREAS, the City Council of the City of Georgetown is of the opinion that the proposed
stormwater drainage fee changes are warranted to cover operating and capital improvement costs
of the utility;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following policy of the Century Plan - Policy Plan Element:
1. Finance Policy End 5.0, which states: "All municipal operations are
conducted in an efficient business -like manner and sufficient financial resources for
both short-term and long-term needs are provided", and
2. Finance Focus End 5. 1, which states: "Each utility system is a self -supported
operation that provides a desirable and affordable level of service", and
3. Utilities / Energy Policy End 14.0, which states: "Georgetown's utility
systems provide safe and reliable service which meets the needs of all citizens and
promotes the economic health of the community,"
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan,
SECTION 2. Section 13.28.100, relating to Stormwater Drainage Utility Fees, of the
Code of Ordinances of the City of Georgetown, is hereby amended for billings periodsending
after October -H 1, 1998 as follows:
13.28.100 Calculation of drainage utility fees.
C. The following BU rate is established and shall be used to calculate the total monthly
drainage utility fee for all property located in the City, in accordance with the applicable
formula established in the ordinance codified in this section:
BU rate $2.25 per BU per month
Amending § 13.28. 100 Ordinance No. F"5
Stormwater Drainage - Phase 2
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SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect in (10)
ten days on and after publication in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the 8th day of September, 1998.
PASSED AND APPROVED on Second Reading on the 22nd day of September, 1998.
ATTEST:
,r
Sandra D. Lee s
City Secretary
AS TO FORM:
Marianne Landers Banks
City Attorney
Amending § 13.28. 100 Ordinance No
Stormwater Drainage - Phase 2
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THE CITY OF GEORGETOWN:
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By: LEO WOOD
Mayor