HomeMy WebLinkAboutORD 2012-03 - Stormwater ORD & RatesORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING CHAPTER 13.28 ENTITLED
"DRAINAGE UTILITY" OF THE CODE OF ORDINANCES OF THE CITY
OF GEORGETOWN TEXAS; REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The current ordinances, processes and policies governing the existing
City of Georgetown drainage system were established in 1992 and implemented in 1995; and
WHEREAS, The current ordinances, processes and policies are inadequate to
effectively regulate and manage the City drainage system; and
WHEREAS, The City of Georgetown wishes to develop more relevant and applicable
ordinances, processes and policies that are more effective; and
WHEREAS, The City of Georgetown established its current stormwater drainage fees
in 2004; and
WHEREAS, The City of Georgetown wishes to implement fees that fully recover the
cost of stormwater drainage service to make the utility self-supporting; and
WHEREAS, The City Council of the City of Georgetown wishes to amend the current
drainage ordinances and stormwater fees and adopt proposed ordinances and fees, effective
on all utility billings after March 1, 2012.
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 complies with the Vision Statement of the City of Georgetown 2030
Comprehensive Plan.
SECTION 2. Chapter 13.28 "DRAINAGE UTILITY" of the Code of Ordinances of the
City of Georgetown, Texas is hereby amended as stated on the attached EXHIBIT A.
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conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.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
Stormwater Ordinance and Rates: December 2011 Ordinance No. ®,z�>
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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 13th day of December, 2011.
PASSED AND APPROVED on Second Reading on the 10th day of January, 2012.
ATTEST: THE CITY OF GEORGETOWN:
(�� &A - , szi�
J ss ca Brettle, y Secretary By: Geo,46 Garver, Mayor
A7ROVED AS TO -FORM:
Bridget Chapman, City Attorney
Stormwater Ordinance and Rates: December 2011 Ordinance No. �22i;2 -oS
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Chapter 13.28
Sec. 13.28.010. - Purpose.
The Drainage Utility is established in order to maintain the public health and safety, within the City
limits, by protecting the community from the loss of life and property caused by surface water
overflows, surface water stagnation and pollution arising from nonpoint source runoff within the
boundaries of the service area of the utility, as established in this chapter. Drainage service will be
calculated based on impervious cover, and offered on nondiscriminatory, reasonable and equitable
terms within the service area.
Sec. 13.28.020. - Definitions.
The following definitions shall apply to terms within this chapter:
"Act" means the Municipal Drainage Utility Systems Act of the Texas Local Government Code.
"Benefitted Property" means an Improved Lot or Tract, within the city limits, to which a drainage
service is made available under this chapter
"Billing Unit" means a unit of measure used to calculate the Drainage Utility Fee and is based upon the
median horizontal Impervious Area for all the Residential Property within the City limits.
"Billing Unit Impervious Area Value" means the statistical median impervious area for residential
property in the City limits.
"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;
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 incidental 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
incidental 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;
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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.
"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.
"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.
"Drainage Revenue Bonds" means any obligations issued to finance the costs of Facilities payable and
secured by a lien on and pledge of Drainage Utility Fees.
"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.
"Drainage Utility" means the Public Utility established by the City of Georgetown in Ordinance 92-18.
"Drainage Utility Fee" means the Drainage Charge, including any interest and penalties paid by the
owner or tenant of a Benefitted Property for Drainage services provided by the Drainage Utility
including, but not limited to, the items described as "cost of service" in the Act.
"Exempt Property" means land owned by public or private institutions of higher learning, as provided
by State law.
"Facilities" means the property, either real, personal, or mixed, that is used in providing Drainage and
included in the system.
"Impervious Area or Impervious Surface" means a surface which has been compacted or covered with a
layer of material, so that it is highly resistant to infiltration by water. Impervious Areas or Surfaces
include, but are not limited to, compacted soils, buildings, parking lots, and private ingress/egress
roadways.
"Improved lot or tract" means a lot or tract that has a structure or other improvement on it that causes
an impervious coverage of the soil under the structure or improvement.
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"Nonresidential Property" means any property used for purposes other than domestic habitation,
including commercial, industrial, institutional, and government activities. "Nonsource Point Runoff"
means Runoff that occurs on surfaces before reaching a channel, river or Drainage System
"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:
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.
"Residential property" means any property platted or used for domestic habitation and platted as a
residential development (i.e., single-family residential,, mobile homes, etc.) upon which a structure has
been placed.
"Runoff" means the water from rain, snowmelt or irrigation that flows over the land surface and is not
absorbed into the ground, and that instead flows into streams or other surface waters or land
depressions.
"Service area" means the geographic area which shall be served by the City's Drainage Utility, as
established by this chapter.
"User" means the person or entity who owns or occupies a Benefitted Property.
Sec. 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 the ordinance codified in this chapter. All future acquisitions of real or personal
property related to drainage shall be maintained as a part of the drainage utility.
Sec. 13.28.040. - Drainage utility service area.
The service area for the Drainage Utility shall include all property within the City limits, as amended
from time to time.
Sec. 13.28.050. - Drainage utility fund.
A separate fund shall be created, as of the effective date of the ordinance codified in this chapter,
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 and such other
moneys 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 purpose of the creation, operation, planning,
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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.
Sec. 13.28.055 — Drainage Benefitted Property
It is not required that the revenue from Drainage Utility Fees imposed and collected from any property
be used specifically to benefit the same property; rather, any revenue collected from Drainage Utility
Fees may be used for any qualified purpose of the Drainage Utility that is in the best interest of the
City, as decided by the City Council.
Sec. 13.28.060. - Administration of the drainage utility.
The Assistant City Manager or designee shall be responsible for the administration of this chapter,
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.
Sec. 13.28.070. - Reserved.
Sec. 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 chapter
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 chapter should be construed as or be deemed to create additional duties, on the part
of the City, to hold the City liable for any damages incurred in a flood or from adverse water quality,
due to drainage runoff. Nothing in this chapter shall be deemed to waive the City's immunity under
State law or reduce the need or necessity for flood insurance.
Sec. 13.28.090. - Establishment of Drainage Utility Fees.
A Drainage Utility Fee is imposed upon each Improved Lot or Tract, within the City limits, for services
and Facilities provided by the Drainage Utility. For purposes of imposing the Drainage Utility Fee, all
Improved Lots or Tracts within the City limits are classified into the following three customer
categories:
A. Residential Property;
B. Nonresidential Property;
C. Exempt Property
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Sec. 13.28.100. - Calculation of Drainage Utility Fees.
A. A Billing Unit is hereby established and shall be used to calculate the total monthly Drainage
Utility Fee for all property located within the City limits, in accordance with the applicable formula, as
codified in this section:
1. Billing Unit Impervious Area Value = 2808 square feet
2. Billing Unit rate = $4.75 per Billing Unit per month
B. The following formulas shall be used to calculate the number of Billing Units for any Improved
Lot or Tract:
1. Residential Property: Total Billing Units =1.0 Billing Units per dwelling Unit
2. Nonresidential property: Total Billing Units = Impervious Area/Billing Unit Impervious Area
Value.
a. When calculating Billing Units for Nonresidential Property, the final figure shall be
rounded to the nearest tenth of a Billing Unit.
b. No single property will be charged less than the equivalent of one Billing Unit.
C. The monthly Drainage Utility Fee for Nonresidential Property will be calculated as follows:
Number of Billing Units for each property x the Billing Unit Rate.
D. Exceptions
1. Nonresidential Property that produces Runoff, where the Runoff is directed to property that
is not within the City's Drainage service area, may pay a reduced rate that is 20% of the
standard Drainage Charge.
2. The following formula shall be used to calculate the reduced Drainage Charge: Reduced
Drainage Charge = (Impervious Area/Billing Unit Impervious Area Value) x (Billing Unit
Rate x 20%)
E. The City Council may review the foregoing schedule of fees at any time and may, by ordinance,
increase or decrease the fees within the schedule upon a determination that such increase or decrease is
warranted.
F. The City Council finds and determines that the Drainage Utility Fee has been established in
accordance with the provisions of the Act.
Sec. 13.28.110 — Determination of Impervious Area
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The Assistant City Manager or his/her designee shall be responsible for determining Impervious Area
for Nonresidential Property based on data obtained from site plans for the location approved by the
City. If such information is not available within City records, measurements of Impervious Area will
be provided by the City using survey -grade technology.
Sec. 13.28.115 — Responsible Parties
A. Residential Property.
1. Payment of a Utility Drainage Fee imposed on Residential Property is the responsibility of
the occupant of the property.
2. Vacant Residential Properties that have all other utilities disconnected will not be billed a
Utility Drainage Fee. If any other utilities are connected, whether the property is vacant or
not, a Utility Drainage Fee will be billed, with the other connected utilities.
B. Nonresidential Property.
1. Payment of a Utility Drainage Fee imposed on Nonresidential Property is the responsibility
of the owner of the property.
2. All Nonresidential Property Drainage Utility Fees will be billed to the property owner on a
monthly basis, regardless of whether the property is occupied or not.
Sec. 13.28.120. - Billing and payment—Penalties.
A. Residential Property.
1. Drainage Charges for Residential Property shall be billed with the City's other utility charges
and shall be identified separately on the bill as a Drainage Charge. Any charge that is not
paid when due shall subject the User to discontinuance of all utility services at that location
provided by the City, including electric and water services.
2. If Drainage is the only utility provided by the City at a location, utilities provided by other
companies may be disconnected pursuant to interlocal agreements.
B. Nonresidential Property.
1. Drainage Charges for Nonresidential Property shall be billed to the property owner at the
address provided by the owner.
2. Property Owners without an existing utility account with the City and who fail to provide a
billing address for Drainage Charges will be billed at the address provided to the City by the
Williamson County Appraisal District.
3. Failure to pay the Drainage Charge will result in the discontinuance of all utility services,
including electric and water services, at the location provided by the City, if the property
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owner is also the occupant of the Nonresidential Property.
4. Any Drainage Charge that is not paid when due may be recovered in an action at law by the
City, in addition to any other remedies or penalties provided by this Chapter or State law.
C. The employees of the Drainage Utility shall have access, at all reasonable times, to any Benefitted
Property serviced by the Drainage Utility, for inspection, repair of the Drainage Utility, or enforcement
of this Chapter.
Sec. 13.28.125. - Adjustment of fees and Appeal Process.
A. Any User who disputes the category of land use, size of commercially developed property, or any
other factor upon which the Drainage Charge is based may petition the Assistant City Manager or
his/her designee, in writing, for a decision on the validity of the requested revision or adjustment of the
Drainage Charge and shall set forth in detail the grounds upon which relief is sought.
B. The property owner may submit a certified survey and/or a foundation survey, at the owner's
cost, to assist in determining Impervious Area. In order to make a determination, additional
information may be required, including but not limited to, survey data approved by a Texas registered
professional land survey or a detailed development plan approved by the City of Georgetown. Failure
to provide requested information may result in the denial of the appeal or adjustment request.
C. No request for an appeal will be addressed if the rate per Billing Unit is the only factor disputed.
Additionally, no Drainage Utility Fee credit shall be given for the installation of Facilities required by
City Codes or State Law.
D. The adjustment of Billing Units as part of an appeals process will stand as the User's basis for
future billings, whether higher or lower than the original determination, until such time as future
changes in land use cover or customer status may warrant further adjustments.
E. A decision shall be rendered in writing within thirty days of the receipt of the written request. In
making a determination to grant or deny an appeal or adjustment request, the Assistant City Manager
shall consider the potential for any adverse impact to the holders of any outstanding municipal
Drainage Revenue Bonds.
Sec. 13.28.130. - Program responsibility.
It shall be the duty of the Assistant City Manager or his/her designee to administer the Drainage
Utility. The Assistant City Manager shall keep an accurate record of all properties benefitted or served
by the services and facilities of the Drainage Utility of the City and to make changes in accordance with
the rules and fees established in this Chapter.
Sec. 13.28.140. - Drainage utility fund.
A. The Drainage Utility fund may consist of one or more accounts. All Drainage Utility Fees shall be
deposited, as collected and received, into this fund and shall be used exclusively for the Drainage
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services as stated in the Act, which includes, but is not limited to, the following:
1. 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;
5. Engineering consultant fees.
B. The income derived from the operation of the Drainage Utility must be segregated and completely
identifiable from other City accounts.
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