HomeMy WebLinkAboutOrdinance 23884-10-2019 ORDINANCE NO.23884-10-2019
AN ORDINANCE AMENDING SECTION 12.5-336
"DEFINITIONS" OF CHAPTER 12.5 "ENVIRONMENTAL
PROTECTION AND COMPLIANCE" OF THE CODE OF THE
CITY OF FORT WORTH (2015), AS AMENDED, TO REVISE THE
DEFINITIONS OF NONRESIDENTIAL PROPERTY AND
RESIDENTIAL PROPERTY AND TO DELETE THE DEFINITION
OF MULTIFAMILY RESIDENTIAL PROPERTY; AND
AMENDING SECTION 12.5-340 "CATEGORIES OF DRAINAGE
UTILITY RATES" BY REVISING SUBSECTION (A) TO
ESTABLISH AN EQUIVILANT RESIDENTIAL UNIT ("ERU")
RATE OF $5.75 AND REVISING SUBSECTION (B) TO
ESTABLISH A NEW SCHEDULE OF CHARGES FOR
RESIDENTIAL TIERS; PROVIDING THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 24, 2006 the City Council of the City of Fort Worth adopted
Ordinance No. 16781-01-2006 to establish a municipal Drainage Utility System (M&C
G-15066); and
WHEREAS, on January 24, 2006 the City Council of the City of Fort Worth also
adopted Ordinance No. 16782-01-2006 to amend the City Code by adding Division IV,
Section 12.5-336 through 12.5-347, entitled "Municipal Drainage Utility System" to
Article III of Chapter 12.5, by which the rules and regulations of the Drainage Utility
System would be governed (M&C G-15067); and
WHEREAS, the Municipal Drainage Utility Systems Act (the "Act"), Texas Local
Government Code §§ 552.042 et seq., as amended, 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, Section 552.045 of the Act authorizes the City to establish a schedule of
drainage charges and to revise those drainage charges after three published notices and a
public hearing; and
WHEREAS, on March 7, 2006, the City Council revised the rates and charges for the
Municipal Drainage Utility System (Ordinance 16843-03-2006; M&C G-15107); and
WHEREAS, on September 4, 2007, the City Council revised the rates and charges for
the Municipal Drainage Utility System(Ordinance 17742-09-2007; M&C G-15858); and
WHEREAS, on December 2, 2008, the City Council further revised the rates and
charges for the Municipal Drainage Utility System (Ordinance 18381-12-2008; M&C G-
Storm Water Utility Rates
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16374); and
WHEREAS, on September 15, 2009 the City Council further revised the rates and
charges for the Municipal Drainage Utility System (Ordinance 18819-09-2009; M&C G-
16701); and
WHEREAS, on September 20, 2011 the City Council further revised the rates and
charges for the Municipal Drainage Utility System (Ordinance 19908-09-2011; M&C G-
17384); and
WHEREAS, the City Council finds that an increase in the rates is now warranted to
continue to provide funds for the necessary stormwater infrastructure; and
WHEREAS, the first public notice of a public hearing for this ordinance to establish a
new Equivalent Residential Unit (ERU) charge and schedule of residential drainage
charges was published on September 13, 2019 in the Fort Worth Star-Telegram in
accordance with the requirements of the Act on or before the 301h day before the date of
the hearing; 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 actual or, in
the case of single family residential, estimated impervious area on the benefitted
properties; and
WHEREAS, it is the intent of the City to fund the Municipal Drainage Utility System to
fairly and equitably allocate the cost of storm water control to properties in proportion to
storm water runoff potential for each type of property.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 12.5-336 "Definitions" of the City Code of the City of Fort Worth (2015),
as amended, is hereby amended as follows:
The term MULTIFAMILY RESIDENTIAL PROPERTY and its definition shall be
deleted in its entirety.
The term NONRESIDENTIAL PROPERTY shall be amended to be NON-SINGLE
FAMILYRESIDENTIAL PROPERTY.
The term RESIDENTIAL PROPERTY shall be amended to be SINGLE FAMILY
RESIDENTIAL PROPERTY.
Storm Water Utility Rates
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SECTION 2.
That Section 12.5-340 "Categories Of Drainage Utility Rates," of the City Code of the
City of Fort Worth (2015), as amended, is hereby amended to revise subsections (a) and
(b) to read as follows:
SECTION 12.5-340 CATEGORIES OF DRAINAGE UTILITY RATES.
(a) The City Council finds that impervious cover increases runoff and
associated pollutants. For the purposes of calculating the Drainage Utility
Fee, an ERU shall be the established standard billing unit. One ERU shall
be billed at five dollars and seventy-five cents ($5.75) per month. Each
Benefitted Property shall be categorized as one of the following:
(1) Single Family Residential Property. Single Family Residential
Property shall be placed in one of four billing tiers based on
residential square footage, with building permits or the most recent
Appraisal District data used as a means of estimating the total
amount of impervious area on the property. The median single
family residential parcel in Fort Worth has been determined to
have approximately 2,600 square feet of impervious area or surface
or one (1) ERU.
(2) Non-Single Family Residential Property. Fees for Non-Single
Family Residential Properties shall be based on the total estimated
impervious area on each parcel, with building permit information,
aerial photography, or actual measurement used as a means of
estimating the total amount of impervious area on the property,
divided by 2,600 square feet to determine the number of ERUs or
billing units.
(b) The City Council finds that it is equitable to assess the Drainage Utility
Fee to each Single Family Residential user on the basis of four (4) Single
Family Residential billing tiers and such rates are hereby established.
Storm Water Utility Rates
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Billing Tier Billing Unit— Billing Proposed Monthly
Equivalent Basis Rate, Effective
Residential January 1, 2020
Units (ERU)
Single 0.5 ERU Up to 1,300 $2.88
Family square feet
Residential
- Tier 1
Single 1.0 ERU 1,300 to $5.75
Family 2,475
Residential square feet
-Tier 2
Single 1.5 ERU 2,476 to $8.63
Family 3,394
Residential square feet
-Tier 3
Single 2.0 ERU 3,394+ $11.50
Family square feet
Residential
-Tier 4
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), 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.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases 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.
Storm Water Utility Rates
CRL 2019v3
SECTION 5.
This ordinance shall take effect on January 1, 2020.
APPROVED AS TO FORM AND LE ALITY:
Christy R. opez-Rey lds U iAafy J-wdx>16r
Sr. Assistant City Attorney City Secretary
ADOPTED: October 15, 2019
O� FORT�,O
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..TEXAS
Storm Water Utility Rates
CRL 2019v3
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10/15/19 M&C FILE NUMBER: M&C 19-0242
LOG NAME: 20SWM INCREASE FY20
SUBJECT
Conduct a Public Hearing and Adopt Ordinance Amending Section 12.5-336 and Section12.5-340 of the City Code, Revising Categories of
Drainage Utility Rates and Property Definitions and Monthly Fees Assessed for the Municipal Drainage Utility System to be Effective January 1,
2020(ALL COUNCIL DISTRICTS)
(PUBLIC HEARING-a.Report of City Staff:Greg Simmons;b.Citizen Presentations;c.Council Action:Close Public Hearing and Approve the
M&C)
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and adopt the attached ordinance amending amending Section 12.5-336 and
Section12.5-340 of the City Code, Revising Categories of Drainage Utility Rates and Property Definitions and Monthly Fees Assessed for the
Municipal Drainage Utility System to be Effective January 1,2020.
DISCUSSION:
Due to critical needs for capital improvements to the City's drainage system,the Transportation and Public Works Department Stormwater
Management Division is recommending an increase to the monthly stormwater utility rate of$0.35/Equivalent Residential Unit(ERU)as a part of
the Fiscal Year 2020 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 FY 21 -25 capital program.
In April and June 2019,staff met with the Stormwater Management Program Stakeholder Group to review and receive input on program needs
and priorities,and revenue increase scenarios to expand program capacity.The Stakeholder Group is comprised of community members
representing neighborhood organizations,civic groups,developers,and large rate payers. The most critical program need is for expanded capital
delivery capacity for:hazardous road overtopping mitigation;pipe rehabilitation;channel restoration;and structural flood mitigation.The
recommended 6.5%fee increase will create capacity for the issuance of approximately $70 million in revenue bonds to accelerate capital
improvements in these program categories.
The table below shows what the new fee would be for the four tiers of single family residential properties as well as all non-single family residential
properties. The residential square feet figures are based on Tarrant Appraisal District records.
Billing Tier Billing Unit— Billing Basis Existing Proposed Monthly
Equivalent Monthly Rate, Effective
Residential Rate January 1,2020
Units(ERU)
Single 0.5 ERU Up to 1,300 $2.70 $2.88
Family residential
Residential square feet
-Tier 1
Single 1.0 ERU 1,300 to $5.40 $5.75
Family 2,475
Residential residential
-Tier 2 square feet
Single 1.5 ERU 2,476 to $8.10 $8.63
Family 3,394
Residential residential
-Tier 3 square feet
Single 2.0 ERU 3,394+ $10.80 $11.50
Family residential
Residential square feet
-Tier 4
Non-Single Per ERU Actual $5.40 per $5.75 per ERU
Family (2,600 square impervious ERU
Residential feet of surface
impervious
surface
The Stormwater Utility Fee increase will result in approximatley$57,000.00 per year in additional Stormwater Utility Fee payments by the City
organization.
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 September 13,2019, September 20,2019 and September 27,2019.
In addition to the revision in fees,the ordinance will revise the definitions of non-residential and residential property and delete the definition of
mufti-family residential in order to simplify the billing categories.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,funds will be
deposited into the General Fund and the Stormwater Utility Fund.The Transportation&Public Works Department and Financial Management
Services are responsible for the collection and deposit of funds due to the City and prior to any expense or expenditure being incurred,the
Transportation&Public Works Department also has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Monte Hall 8662
Greg Simmons 7862