Loading...
HomeMy WebLinkAboutOrdinance 19908-09-2011Ordinance No. 19908-09-2011 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, SECTION 12.5 -340 "CATEGORIES OF DRAINAGE UTILITY RATES ", SUBSECTION (B), TO REVISE THE MONTHLY DRAINAGE UTILITY FEES ASSESSED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, within the City of Fort Worth ( "City ") there is an existing drainage system which has been developed over a number of years for the purpose of collecting and disposing of storm water runoff, and WHEREAS, Chapter 552, Subchapter C of the Texas Local Government Code (previously Chapter 402, herein the "Act "), as amended, authorizes the City to establish a municipal drainage utility system within the boundaries of the City; and WHEREAS, on January 24, 2006, the City Council established a Municipal Drainage Utility System (M &C G- 15066); and WHEREAS, the Act authorizes the City to prescribe a basis upon which to fund the municipal drainage utility system and to assess the fees and charges to support the municipal drainage utility system; and WHEREAS, on March 7, 2006, the City Council established the rates and charges for the Municipal Drainage Utility System (M &C G- 15107); and WHEREAS, in setting the schedule of charges for drainage utility service, the calculations are based on an inventory of the parcels within the City and the development on the benefitted properties; and WHEREAS, it is the intent of the City to fund a drainage utility system that fairly and equitably allocates the cost of storm water control to properties in proportion to storm water runoff potential for each type of property; and WHEREAS, the Act and Section 12.5- 340(f) of the City Code allows the City Council to review the schedule of rates at any time and by ordinance, increase or decrease said rates upon a reasonable determination that said increase or decrease is warranted; and WHEREAS, on September 4, 2007, the City Council revised the rates and charges for the Municipal Drainage Utility System (M &C G- 15858); and WHEREAS, on December 2, 2008, the City further revised the rates and charges for the Municipal Drainage Utility System (M &C G- 16374); and WHEREAS, on September 15, 2009, the City further revised the rates and charges for the Municipal Drainage Utility System (M &C G- 16701); and WHEREAS, the City Council finds that an increase in the rates is now warranted to provide funds to continue the capital projects program to address the estimated $1.2 billion storm water infrastructure Storm Water Utility Rate Revision Ordinance Ordinance No. 19908 -09 -Z01 I CRR201URatesv2 backlog. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 12.5, "Environmental Protection and Compliance ", Article III, "Storm Water Protection ", Section 12.5 -340 "Categories Of Drainage Utility Rates ", Subsection (B) is hereby further amended by to read and be as follows: SECTION 12.5 -340. CATEGORIES OF DRAINAGE UTILITY RATES (B) The City Council finds that it is equitable to assess the Drainage Utility Fee to each Residential user on the basis of four (4) Residential tiers as follows: Tier Garage Capacity* Living Area (square feet)* Proposed Residential Storm Water Monthly Rates for FY12 Tier 1 (0.5 ERU) 0 0 to 1,300 $2.70 1 0 to 1,040 2 0 to 781 3 0to521 4 0 to 262 Tier 2 (1 ERU) 0 1,301 to 2,475 $5.40 1 1,041 to 2,215 2 782 to 1,956 3 522 to 1,696 4 263 to 1,437 Tier 3 (1.5 ERU) 0 2,476 to 3,393 $8.10 1 2,216 to 3,133 2 1,957 to 2,874 3 1,697 to 2,614 4 1,438 to 2,355 Tier 4 (2 ERU) 0 3,394+ $10.80 1 3,134+ 2 2,875+ 3 2,615+ 4 2,356+ *As recorded by the appraisal district. SECTION 2. CUMULATIVE PROVISIONS This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Storm Water Utility Rate Revision Ordinance C RR201 ORatesv2 2 Ordinance tio- 19908-09-2011 SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrase, clause, sentence, paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PUBLICATION The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect January 1, 2012. APPROVED AS TO FORM AND LEGALITY: By: ILA t . k' n't ,'t Assistant City Attorney ADOPTED: September 20, 2011 Stonn Water Utility Rate Revision Ordinance CRR2010Ratesv2 3 Ordinance No. 19908-09-2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/20/2011 -Ordinance N©. 199 ©8 -09 -2011 t DATE: Tuesday, September 20, 2011 LOG NAME: 20SWM INCREASE FY12 REFERENCE NO.: G -17384 SUBJECT: Conduct a Public Hearing and Adopt Ordinance Amending Section 12.5 -340 of the City Code, Categories of Drainage Utility Rates by Revising Monthly Fees Assessed for the Municipal Drainage Utility System to be Effective January 1, 2012 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council conduct a public hearing and adopt the attached ordinance amending Section 12.5 -340 of the City Code, Categories of Drainage Utility Rates by revising charges for the Municipal Drainage Utility System. DISCUSSION: The Stormwater Management Division is recommending an increase to the monthly stormwater utility rate of $0.65 /Equivalent Residential Unit (ERU) as a part of the Fiscal Year 2012 Budget request. An ERU equals 2,600 square feet of impervious surface. The fee increase is required to support the sale of additional revenue bonds for the Stormwater Utility's 2012 and 2013 capital program. In March 2011 and April 2011, a Customer Advisory Committee was convened to review the recommended increase. The Committee expressed support for the Staffs proposed rate structure. If approved, the new rates will become effective starting with the January 2012 bills. The table below shows what the new fee would be for the four tiers of single family residential properties. Garage Living Ca acit .Area (square p y* feet) Current Residential I Proposed Residential Stormwater Stormwater Monthly Rates for Monthly Rates Fiscal Year 2012 $2.38 32.70 $4.75 E$5.40 Logname: 20SWM INCREASE FYI Page 1 of 2 0 _ _ __ _ .. ___..._.._.____. 0 to 1,300 Tier 1 .0 to 1,040 1 (0.5 2 0 to 781 ERU) 3 0 to 521 4 0 to 262 0 1,301 to 2,475 Tier 2 ' 1 1,041 to 2,215 (1 ERU) Z2 782 to 1,956 3 522 to 1,696 4 263 to 1,437 2,476 to 3,393 0 2,216 to 3,133 Tier 3 1 Current Residential I Proposed Residential Stormwater Stormwater Monthly Rates for Monthly Rates Fiscal Year 2012 $2.38 32.70 $4.75 E$5.40 Logname: 20SWM INCREASE FYI Page 1 of 2 (1.5 ERU) Tier 4 (2 'ERU) 2 .1,957 to 2,874 3 .1,697 to 2,614 4 .1,438 to 2,355 0 3,394+ 1 3,134+ 2 3 2,615+ 4 '2,356+ $7.13 WE ........... As recorded by the appropriate appraisal district. .10 For other properties the new rate would represent a 13.7 percent increase in storm water fees. Section 552.045 (c) and (d) the Local Government Code states that a municipality may revise its schedule of drainage charges and requires publication of the intended revision three times prior to a public hearing and adoption of rates. City Staff published notification of this hearing along with the proposed ordinance in the Fort Worth Star - Telegram on August 18, 2011, August 25, 2011 and September 8, 2011. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Transportation and Public Works Department is responsible for collection and deposit of funds due to the City. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Fernando Costa (6122) Doug Wiersig (7801) Joe Komisarz (2662) Logname: 20SWM INCREASE FY12 Page 2 of 2