HomeMy WebLinkAboutORD 95-03 - Drainage Utility ChargesOR I3 NANCE NO. dF
AN ORDEI�ANCE OF • CITY COUNCIL OF =
GEORGETOWN, TEXAS, .Hr ,NfUMCIPALr • , PAYIAENT OF DRAINAG)
CRARGES AND --MONTHLY DRAINAGE UT11=
Ear� r r r
ip• rFOR r• i FEES; i F i R
EFFECTIN7E DATE.
WEF=..AS, 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, the City of Georgetown desires to develop a Citywide Master Drainage
Utility Plan for compliance with the Century Plan; and
)YY=EAS, portions of the present system are inadequate to control and manage
stormwater runoff within the incorporated limits; and
W;'i'EREAS, the present system requires maintenance rehabilitation and periodic
improvements to control and manage stormwater runoff within the incorporated limits; and
W=REAS, the Clean Water Act requires that certain cities regulate stormwater drainage
in order to reduce the generation and discharge of noupoint source pollutants into receiving water
courses and water bodies; and
WHEREAS, the Texas Natural Resource Conservation Commission regulates the activities
conducted over the F,dwards Aquifer, in order to reduce generation of these pollutants, and
subsequent contamination of the aquifer, and in furtherance of the requirements of the Clean
Water Act; and
WHEREAS, it will be necessary and essential to ensure that the collection and disposal
of stormwater drainage within the city limits adequately protects the health, safety, and welfare
of the citizens of Georgetown including, but not limited to, the protection from loss of life and
property caused by surface water overflows and surface water stagnation; and
WHEREAS, it is necessary and essential that the City address the various environmental
issues that may further burden its infrastructure requirements; and
1X=REAS, the Citv 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
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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 is authorized by the provisions of Chapter 402, Subchapter C, as
amended, Local Government Code (the "Act") to establish a municipal drainage utility ("Drainage
Utility") within the boundaries of the City; and
WHEREAS, the City is authorized by the provisions of the Act to provide rules for the
use, operation, and rznancing of the Drainage Utility; 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, in setting the schedule of charges for stormwater drainage service the
calculations are based on an inventory of the lots and tracts.within the City and the size, area and
topography of benefitted properties; and
WHEREAS, it is the intent of the City to fund a Drainage Utility which fairly and
equitably allocates the cost of drainage to property owners in proportion to the stormwater
drainage runoff potential for each property; and
WHEREAS, the City contracted with Camp Dresser & McKee, Inc. to develop a cost -of -
service rate policy which correlates a property's storrawater drainage characteristics with the
stormwater drainage services received in a non -discriminators, equitable, and reasonable manner;
and
WHERE.kS, the studv completed by Camp Dresser & McKee, Inc. includes an inventory
of every developed parcel in the City; and
WHEREAS, the study completed by Camp Dresser & McKee, Inc. recommends a cost -or -
service rate policy to be established in an ordinance; and
WHEREAS, pursuant to Local Government Cade, Chapter 402, Subchapter C, the City
of Georgetown has adopted Ordinance No. 92-18 which declares the stormwater drainage of the
municipality to be a public utility; and
'WIIFttE.AS, a public hearing on the establishment of a drainage utility fee was held on
November 24, 1992, after publication of the proposed ordinance in the Williamson County Sun
on October 25, 19921
WHEREAS, a second public hearing on the establishment of a drainage utility fee was
held on December 13, 1994, after publication of this proposed ordinance in the Williamson
Drainage Utility Fee Ordinance No.
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County Sun on November 13, 1994;
THEREFORE, BE IT!" 1 I'i1R BY THE CITY COUNCMa
OF :1
CM 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 Policy 4 of the Century Plan - Policy Plan Element, which states: "The
City will establish stormwater drainage as an independent utility"; Policy 1 of the Century Plan -
Policy Plan Element, which states: "The City will endeavor to increase the quality of life
through the upgrading of existing facilities and services and the provision of new services to meet
the specific needs 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. Chapter 13.28, "Municipal Drainage Utility," created by Ordinance No. 92-
18, is hereby amended by adding the following definitions and relettering existing definitions to
read as follows:
"13.28.070 Definitions.
(c)' "Non-residential
Property" shall mean any developed
parcel, for non-residential
use
to include commercial, industrial,
institutional and
government activities.
(f) "Drainage Revenue Bonds" means any obligations issued to finance the costs
Facilities payable and secured by a lien on and pledge of Drainage Utility fees.
(h)"Drainage Utility Fee" means the drainage charge, including any interest and
penalties paid by a benefitted or served property for stormwater drainage services
-provided by the Drainage Utility including, but not limited to, the items described
as "' cost of service" In Section 402.044(2) of the Act.
(k) "Impervious Area or Impervious Surface" shall mean a surface which has been
compacted or covered with a layer of material so that it is highly resistant to
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int3ltration by water. Impervious areas include, but are not limited to, compacted
soils, buildings, pariting lots, and private ingress/egress roadways.
(1) "Parcel" means one or more lots or portions of lots which are contiguous and
under single ownership;.
(o) "BU (Billing Unit)," means a unit of measure used to calculate the Drainage
Utility Fee and is based upon the average horizontal impervious area for all the
Residential Property within the City of Georgetown.
(p) "BU Impervious Area Value" means the statistical average impervious area for
Residential Property in the City and is 2,088 square feet~
(r) "Residential Property" shall refer ,to any property platted or used for
residential development (i.e., single family residential, apartments, mobile
homes, etc.) upon which a structure has been placed.
SECTION 3. Chapter 13.28 is hereby amended by the following subsections to establish
a drainage utility fee.
"13.28.090 Establishment of a Drainage Utility Fee.
A Drainage Utility Fee is hereby imposed upon each developed lot and parcel
within the Citv of Georgetown for services and facilities providedd by the Drainage
Utility. For purposes of imposing the Drainage Utility Fee, all lots and parcels
within the Citv are classified into the foilowing twocustomer categories:
A. Residential Property
B. Non -Residential Property
13.28.100 Calculation of Drainage Utility Fees.
A. The following formulas shall be used to calculate the number of BUs for any
parcel of property:
1. Residential Property:
Total BU's = 1.0 per dwelling unit
2. Non -Residential Property:
(Impervious Area)
Drainage Utility Fee Ordinance No. ✓
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Total BU's = 2.088 sq. ft.)
Be 1. The monthly Drainage Utility Fee for all properties
in the City shall be calculated by multiplying the
total number of BU's for the parcel by the BU rate.
? When calculating BU's for a parcel of property, the
final figure shall be rounded to the nearest tenth of
an BU.
C_ The following BU Rate is hereby established and shall be used to
calculate the total monthly Drainage Utility Fee for all property
located in the City of Georgetown, in accordance with the
applicable formula established in this ordinance:
BU Rate = S0.75 per BU per month
D. The City Manager shall be r�oonsible for determining Impervious
Area of Non -Residential Property based on data obtained from the
Williamson County Appraisal District. If such information is
1,mavailable from the Appraisal District files, the property owner,
tenant or developer may submit a certified survey and/or a
foundation survey to assist the City Manager in determining
Impervious Area. The City Manager may require additional
information as necessary to make the determination. The amount
eo of any fee may be revised by the City Manager based on any
additions to the Impervious Area as approved through the City of
Georgetown building permi"t process or as shown from the records
of the Williamson County Appraisal District.
tie The City Council may review the foregoing schedule of fees at any
time and may, by ordinance, increase or decrease said fees within
the schedule unon a determination that said increase or decrease is
warranters.
F. The City Council hereby finds and determines that the Drainage
Utility Fee has been established in accordance with the provisions
of the Act, including, but not limited to, Section 402.047,
13.28.110 Billing and Payment, Penalties
A. L Bills or statements for the Drainage Utility Fee shall
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be rendered by the City for all properties subject to
the fee. Bills shall be payable when rendered and
shall be considered as received by the customer
and/or owner, whether actually received or not,
when deposited, in the United States Mail, postage
prepaid, addressed to the utility customer.
2_ 1 Bills shall be rendered monthly.
�. BilIs shall be for servic4 for the proceeding month.
B. Bills are due when rendered, and if not paid within E teen (1
days thereafter, become delinquent and the City shall have the right
to apply interest to the account of ten percent (100/0) simple interest
on the unpaid balance due per month.
C. Drainage Utility Fees shall be billed with, the City's other public
utility billings and shall be identified separately on the bill as a
Drainage Utility Fee. Delinquent Utility Fee Bills shall be mailed
to the owner at the address at which the owner receives other City
utility services, or if no other City utility services are received, to
any known address of the owner.
D. 1. Any charge due hereunder which is not paid when
due will subject the user to discontinuance of all
utility services provided by the City of Georgetown
including electric and water service.
2_ Any drainage charge due hereunder which shall not
be paid when due may be recovered in an action at
law by the City. In addition to other remedies or
penalties provided by this Ordinance or state law,
failure of a user of any Utility within the service
area to pay the drainage charges when due shall
subject such user to discontinuance of any utility
services provided by the City. The employees of
the Drainage Utility shall have access, at all
reasonable times, to any benefited properties served
by the Drainage Utility for inspection, repair or
enforcement of this ordinance.
E. Drainage Utility Fees not paid within 25 days are subject to
disconnection of all utilities and shall be subject to a penalty in the
amount of S20.00 to cover the administrative casts.
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F. Notice of the impositiou of Drainage Utility Fees shall be mailed
to all owners and Customers of the Drainage Utility. Such notice
shall state that Drainage Utility Feps will be billed to the customer
of other City utility billings and that failure of a customer and/or
owner to pay such fees may result in the discontinuance of ail City
utility services.
1312$.120 Adjustment of Fees.
i
A_ Requests for adjustment of a Drainage Utility Fee shall be
submitted through the City Manager, who shall be given authority
to administer the procedures and standards, and review criteria for
the adjustment of fees as established herein. All requests shall be
evaluated based upon the amount of Impervious Area. No
Drainage Utility Fee credit shall be given for the installation of
facilities required by City development codes or Texas Water Code
requirements. The following procedures shall apply to all requests
for adjustment of the Drainage Utility Fee:
1. Any owner or customer who has paid Drainage
Utility Fees and who believes the calculation or
I
etermination of the Drainage Utility Fee to be
incorrect may, subject. to the restrictions set forth in
this Chapter, submit an adjustment request to the
City Manager.
2. Requests for adjustment of Drainage Utility Fees
paid by an owner or customer making the request
shall be in writing and set forth in detail the
grounds upon which relief is sought.
3. Adjustment requests made during the first fiscal
year that the Drainage Utility Fee is imposed will be
reviewed by the City ,Manager within a four (4)
month period from the date of receipt of the
adjustment request. Adjustments resulting from
such request shall be retroactive to the beginning of
billings, but shall not exceed one (1) year.
4. Adjustment requests made after the first fiscal year
that the Drainage Utility Fee is imposed will be
reviewed by the City Manager within thirty (34)
days from the date of receipt of an adjustment
request. Adjustments resulting from such a request
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shall be prospective, but may be made z etroactive
for no greater time period than three (3) months
prior to the receipt of the request, at the discretion
of the City Manager,
a. The owner or customer requesting4- an adjustment
may be required, at the requesting parry's own cost,
to provide supplemental information to the City
Manager, including, but not limited to, survey data
approved by a Texas registered professional land
surveyor (R2.LS.}, or Detailed Development Flan
(DDP) approved by the City of Georgetown.
Failure to provide requested information may result
in the denial of the adjustment request.
6. Adjustments to the Drainage Utility Fee will be
made upon the granting of the adjustment request,
in writing, by the City Manager. In. maxing a
determination to grant an adjustment request, the
City Manager shall consider the potential for auv
adverse impact to the holders of any outstanding
Municipal Drainage Utility Bonds. Denials of
adjustment request shall be made in writing by the
City Manager.
B. Upon receipt of the written denial of the adjustment request, the
owner or customer who initially requested the adjustment may,
within thirty (30) days of receipt of such denial, apply to the City
Manager for review of the denial.
1. The City Manager, exclusive of his designee, shall
complete this review within sixty (60) days of
receipt of said request for review. The City
Manager's determination on the review shall be in
writing and set forth in detail the reasons for the
decision.
2. In reviewing denial of adjustment requests, the City
Manager, exclusive of his designee, shall apply the
standards and review criteria contained in this
Section.
3. All findings and determinations made by the City
Manager arising out of this Section will be final.
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13.28.130 F: ogram Responsibility
it shall be the duty of the City Manager to administer the Drainage Utility, The
City Manager shall keep an accurate record of all properties benefitted or served
I
y the services and facilities of the Drainage Utility of the City and to make
changes in accordance with the rates and fees established in this Ordinance.
13 28.140 Drainage Utility Fund.
A. There is hereby established a Drainage Utility Fund winch may
consist of one or more accounts. All Drainage Utility Fees snail
be deposited as collected and received into this fund and shall be
used exclusively for the drainage services as stated in Local
Government Code Section 402.044(2), which includes, but is not
limited to, the following:
10 Operation and maintenance of the Drainage Utility.
2. Funding of pollution abatement and peak flow
attenuation devices constructed on stormwater
systems discharging to the surface water of the City.
3. Administrative costs associated with the
management of the Drainage Utility.
4. Payment of the debt service requirements on any
outstanding Drainage Revenue Bonds including any
fees and expenses incidental thereto.
S. Engineering consultant fees.
Be The income derived from the operation of the Drainage Utility
must be segregated and completely identifiable from other City
accounts. Drainage Utility Fees utilized solely for the Cost of
Service, exclusive of any sums pledged to retire any outstanding
indebtedness or obligation incirred, or any sum attributable to the
funding of future improvement to the Drainage Utility, may be
transferred to the City general fund.
SECTION 4. That the City Council of the City of Georgetown does hereby incorporate
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the City of Georgetown Drainage
Inc., and accepted by the City
Utility Phase I Report, prepared by Camp, Dresser & McKee,
Council into this Ordinance as if fully set forth herein.
Furthermore, such Report and the findings and determinations therein are hereby adopted by the
City allUC41 as additional findings and determinations of the City Council.
SECTION 5. 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 6. 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 i. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinanc4 snail become effective and be in full force and effect in tea
(10) days on or after publication in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the day of _ > 1994.
PASSED AND APPROVED on Second Reading on the day of 199��
ATTEST:
City Secretary ,De-p &
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorlsey
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IEE CITY OF GEORG IOWIN
By. Leo woad
Mayor