HomeMy WebLinkAboutORD 95-56 - Stormwater Drainage RatesORDINANCE NO.
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; AND §§13.28.020 RELATING TO DEFINITIONS OF BENEFITTED
PROPERTY; 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, the City of Georgetown desires to develop a Citywide Master Drainage Utility
Plan for compliance with the Century Plan; and
WHEREAS, portions of the present system are inadequate to control and manage stormwater
runoff within the incorporated limits; and
WHEREAS, the present system requires maintenance rehabilitation and periodic
improvements to control and manage stormwater runoff within the incorporated limits; and
WHEREAS, the Clean Water Act requires that certain cities regulate stormwater drainage
in order to reduce the generation and discharge of nonpoint source pollutants into receiving water
courses and water bodies; and
WHEREAS, the Texas Natural Resource Conservation Commission regulates the activities
conducted over the Edwards 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
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
Amending § 133,28. 100 Ordinance No. —15
Page i of 4
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 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 financing 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 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, pursuant to Local Government Code, Chapter 402, Subchapter C, the City of
Georgetown has adopted Ordinance No. 92-18 which declares the drainage services of the
municipality to be a public utility; and
WHEREAS, a public hearing on the establishment of a drainage utility fee will be held on
October 10, 1995, after publication of this proposed ordinance in the Williamson County Sun on
September 6, 17 and 24, 1995;
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 costs of the utility, and
WHEREAS, the City Council has also deemed it necessary to amend the definition of
"Benefitted Property" to comply with recent changes in state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41F GEORGETOWN,
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
Amending § 13.28.100 Ordinance No. 'S49
Page 2 of 4
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements Finance Policy 1 of the Century Plan -- Policy Plan Element, which states: "the City will
conduct all municipal operations in an efficient business like manner", 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 13.28.020 Definition is amended as follows:
"Benefitted property" means an improved lot or tract to which a drainage service is made
available under this ordinance
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SECTION 3. Section 13.28.100, relating to Stormwater Drainage Utility Fees, of the Code
of Ordinances of the City of Georgetown, is hereby amended for billing periods ending after October
31, 1995 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 = S&.-7-5 $1.25 per BU per month
SECTION 4. 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 5. 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 6. 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.
Amending § 13?8.100 Ordinance No. �"
Page 3 of 4
PASSED AND APPROVED on First Reading on the l `day of ��u �r� r°; 1995.
PASSED AND APPROVED on Second Reading on the f 'day of ;. , 1995
ATTEST:
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Sandra D. Lee
City Secretary
Marianne Landers Banks
City Attorney
Amending § 13.28. 100 Ordinance No.
Page 4 of 4
THE CITY OF GEORGETOWN:
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By: LEO WOOD
Mayor