Loading...
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 Drainage Utility Fee ordinance No. ! ✓ Pagc 1 of 11 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. ?agc 2 of 11 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 Drainage Utility Fee Ordinance No. _ Page 3 of 11 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. ✓ Page 4 of 11 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 Drainage Uriiicy Fee ordinance No, _ j°' Page 5 of I 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. Drainage Udliry Fee Onfinancc No. r Page 6 of 11 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 Drainage Utility Fee Ordinance No. Page 7 of 11 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. Dniaage Utility Fee ordinance No. ✓"° Page 8 of 11 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 Drainage Udflry Fee ordinance No. / ® Page 9 of 11 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 Drainage Utility Fee Ordinance No. 1` Page 10 of 11 IEE CITY OF GEORG IOWIN By. Leo woad Mayor