HomeMy WebLinkAboutORD 92-18 - Drainage Utilityi . 11 i, f fIlk
. f • .
i f i
WHEREAS, Chapter 402 of the Local Government Code authorizes the creation and
operation of municipal drainage utilities;
WHEREAS, the City of Georgetown currently operates a drainage program that would
be enhanced by the conversion to a drainage utility;
WHEREAS, recent rains and flooding have emphasized the need for the enhancement of
the City's drainage program;
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;
WHEREAS, the Texas Water 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;
WHEREAS, a public hearing on the establishment of a drainage utility was held on June
% 1992, after publication of this proposed ordinance in the Williamson County Sun on May 24,
1992, May 31, 1992, and June 7, 1992;
WHEREAS, after the close of the public hearing, the City Council determined that the
City will provide drainage for all real property in the proposed service area, except for real
property exempt from this ordinance;
WHEREAS, the City Council determines that the City will establish a schedule of
drainage charges against all real property in the proposed service area in accordance with the
requirements of State law;
WHEREAS, the City Council further determines that the City will offer these drainage
services on nondiscriminatory, reasonable and equitable terms; and
Drainage Utility Ordinance No.
Page 1 of 5
WHEREAS, the City Council finds that the health, safety and welfare of the citizens of
Georgetown will be improved by the establishment of the municipal drainage utility and finds
that the City's drainage system is a public utility;
NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY
OFGEORGETOWN,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 the
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, relating to the establishment of a municipal drainage utility,
in hereby added to the Code of Ordinances of the City of Georgetown, Texas to read as follows:
"Chapter 13.28
13.28.010 Purpose.
The Drainage Utility is established in order to protect the public health and safety within
the City from the loss of life and property caused by surface water overflows, surface water
stagnation and pollution arising from nonpoint source run-off within the boundaries of the service
area of the utility as established in this ordinance. Drainage service will be offered on
nondiscriminatory, reasonable and equitable terms within the service area.
13.28.020 Definitions.
The following definitions shall apply to terms within this ordinance.
(a) "Benefitted property" means a lot or tract to which a drainage service is made
available under this ordinance and which received water, wastewater, or electric
utility service form the City of Georgetown.
(b) "Cost of service" as applied to a drainage system service to any benefitted
property means:
(1) the prorated cost of the acquisition, whether by eminent
domain or otherwise, of land, rights of way, options to purchase
land, easements, and interests in land relating to structures,
equipment, and facilities used in draining the benefitted property;
Drainage Utility Ordinance No. OtavQ
Page 2 of 5
(2) the prorated cost of the acquisition, construction, repair, and
maintenance of structures, equipment, and facilities used in
draining the benefitted property;
(3) the prorated cost of architectural, engineering, legal and related
services, plant and specifications, studies, surveys, estimates of cost
and of revenue, and all other expenses necessary or incident to
planning, providing, or determining the feasibility and practicability
of structures, equipment, and facilities used in draining the
benefitted property;
(4) the prorated cost of all machinery, equipment, furniture, and
facilities necessary or incident to the provision and operation of
draining the benefitted property;
(5) the prorated cost of funding and financing charges and interest
arising from construction projects and the start-up cost of a
drainage facility used in draining the benefitted property;
(6) the prorated cost of debt service and reserve requirements of
structures, equipment, and facilities provided by revenue bonds or
other drainage revenue -pledge securities or obligations issued by
the City; and
(7) the administrative costs of operating a drainage utility system.
(c) "Drainage" means bridges, catch basins, channels, conduits, creeks, culverts,
detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works,
and appurtenances to those items, whether natural or artificial, or using force or
gravity, that are used to draw off surface water from land, carry the water away,
collect, store, or treat the water, or divert the water into natural or artificial
watercourses.
(d) "Drainage charge" means:
(1) the levy imposed to recover the cost of the service of the
municipality in furnishing drainage for any benefitted property; and
(2) an amount made in contribution to funding of future drainage
system construction by the City.
(e) "Drainage system" means the drainage owned or controlled in whole or in part
by the City and dedicated to the service of benefitted property, including
provisions for additions to the system.
(f) "Facilities" means the property, either real, personal, or mixed, that is used in
providing drainage and included in the system.
(g) "Public utility" means a drainage service that is regularly provided by the City
through City property dedicated to that service to the users of benefitted property
within the service area and that is based on:
(1) an established schedule of charges;
(2) the use of the police power to implement the service; and
(3) nondiscriminatory, reasonable, and equitable terms as
determined by the City Council.
Drainage Utility Ordinance No. u. I
Page 3 of 5
(h) "Service area" means the geographic area which shall be served by the City's
drainage utility, as established by this ordinance.
(i) "User" means the person or entity who owns or occupies a benefitted property.
13.28.030 Establishment of Drainage Utility and Dedication of Assets.
The City of Georgetown Drainage Utility is hereby established as a public utility. The
City dedicates all City -owned property, facilities, materials and supplies constituting the City's
drainage system on the effective date of this ordinance. All future acquisitions of real or personal
property related to drainage shall be maintained as a part of the Drainage Utility.
13.28.040 Drainage Utility Service Area.
The service area for the Drainage Utility shall include the City limits of the City of
Georgetown, as amended from time to time.
13.28.450 Drainage Utility Fund.
A separate fund shall be created as of the effective date of this ordinance, known as the
Drainage Utility Fund, for the purpose of identifying and controlling all revenues and expenses
attributable to the Drainage Utility. All drainage fees collected by the City after the effective
date of this ordinance and such other monies as may be available to the City for the purpose of
drainage shall be deposited in the Drainage Utility Fund. Such utility revenues shall be used for
the purposes of the creation, operation, planning, engineering, inspection, construction, repair,
maintenance, improvement, reconstruction, administration and other reasonable and customary
charges associated with the operation of a utility for the Drainage Utility of the City. It shall not
be necessary that the expenses from the Drainage Utility Fund for any authorized purpose
specifically relate to any particular benefitted property from which the revenues for such purposes
were collected.
13.28.060 Administration of the Drainage Utility.
The City Manager shall be responsible for the administration of this ordinance, including,
but not limited to, enacting any procedures necessary for the administration of the drainage
charges and the consideration of variances, developing maintenance programs, and establishing
drainage criteria and standards for operation of the drainage system.
13.28.070 )Nearing on Drainage Charge.
Any user who disputes the category of land use, size or commercial developed property
or any other factor upon which his drainage charge is based for his benefitted property, may
petition the City Manager for a hearing on a revision or modification of such charge. The City
Manager shall establish hearing standards for the conduct of such hearings, in accordance with
due process. The City Manager shall render his decision in writing within ten (10) days after
the date of the hearing. If a user desires to appeal the decision of the City Manager, the user
may file an appeal to the City Council, by delivering his request in writing to the City Secretary
within ten (10) days after his receipt of the City Manager's decision, requesting the action desired
Drainage Utility Ordinance No.
Page 4 of 5
form the City Council.
13.28.080 Liability for Floods and Nonpoint Source Pollution.
Floods from drainage and stormwater runoff may occasionally occur which exceed the
capacity of the drainage system maintained and financed with the drainage charges. In addition,
surface water stagnation and pollution arising from nonpoint source runoff may occasionally
occur which exceed the capacity of the drainage system maintained and financed with drainage
charges. This ordinance does not imply that properties subject to charges shall always be free
from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all
flood control and water treatment projects to control the quantity and quality of runoff can be
constructed effectively. Nothing whatsoever in this ordinance should be construed as or be
deemed to create additional duties on the part of the City or hold the City liable for any damages
incurred in a flood or from adverse water quality due to drainage runoff. Noting in this
ordinance shall be deemed to waive the City's immunity under State law or reduce the need or
necessity for flood insurance."
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 23rd day of June, 1992.
PASSED AND APPROVED on Second Reading on the 14th day of July, 1992.
ATTEST:
(ik Z� L=y -
Elizabeth Gray
City Secretary
Marianne Landers Banks
City Attorney
Drainage Utility Ordinance No.�
Page 5 of 5
THE TY OF GEORETO�
By: o Wood
Mayor