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HomeMy WebLinkAboutIR 8740% goo I to To the Mayor and Members of the City Council January 10, 2006 Page I of I SUBJECT: STORMWATER UTILITY CAPITAL PROJECT IMPLEMENTATION, and Ordinances Per Council's request, we have developed a preliminary capital program for the start of the Stormwater Utility (shown on the following page). As you know, TPW staff has identified drainage capital needs totaling over $550 million citywide. While many of these drainage deficiencies need to be studied further to develop detailed improvement plans, staff has identified 32 drainage improvement projects (totaling $26 million), which are ready to begin design in the next two fiscal years based on previous or ongoing studies. By choosing projects with completed drainage studies, or soon to be completed, we can accelerate the program's construction schedule. Thus, completing projects as soon as possible after funding becomes available. To develop this preliminary list, we used the breakdown of the existing backlog to allocate funding per Council District. For example, Council District #8 has about 12% of the identified citywide need. So, about 12% of the proposed Utility's Capital Infrastructure funds are designated for projects in Council District #8. We used this same methodology to allocate funding for Neighborhood Streets. As stated, this is a preliminary list of projects. The City Council will, of course, approve the list al before the program begins and will approve contracts before these projects are undertaken. We ge rtainly encourage public input throughout the development of this program. To enable a quick start for the Stormwater Utility funding, about $1.6 million in engineering design should begin in the next few months in order to ensure that construction can begin in FY 07-08 for the first-year projects. Staff continues to evaluate funding alternatives (such as re-allocating funding from the current TPW operating budget that would then be paid back by the Utility) to enable the Department of Engineering to begin design for these first-year projects as soon as possible. V RMIFIR I ITT?Rfflpii�111 � 111 11 1 111111in: We have also attached two Ordinances that will be on your agenda for consideration next week, The first will create the Stormwater Utility and the second will create the rules and regulations that v%611 govern the Utility and wiH be codified in the City's codes. We've given these to you prior to the packet to give you more reeview time. 1 SSUED BY THE CITY MANAGER FORT WORTH, TEXAS To the Mayor and Members of • Page of SUBJECT: STORMWATER UTILITY CAPITAL PROJECT IMPLEMENTATION ♦rr ! Ordinances Ptoject R. • . i i`itii�� .t.i!!�' • ` i ii.i • Hammond Street Drainage jmprovem Fossil Drive Drainage Improvements Milam-Robinhood Drainage Improvements # #• s# !# #!# Improvements Linda Lane Drainage 6 O• ii` Terrace Drainage Improvements i EMPIRE '' •#' Improvements Mercado Channel Improvements Academy Boulevard Culvert Improvements RM11111 U11 Butler-McClure Culvert Improvements Meacham Aii�ort De—teintion Pond Scoft-Sunset Drainage Improvements Ll 11111111 Quail Run Drainage Improvements Kermit-Bonnie Drainage Improvements Lower i .Overton Park -East Gabion Improvements- 4600 Merida Drainage Improvements #• # 6! �© !0' #' ## big wyco1w.111. I 67A 5 Glen Garden Drainage Improvements FY06-0 92A/E 8 Total Cost i Charles R. Bowwoll Nty Manager ISSUED Y THE CITY MANAGER FORT WORTH, TEXAS For Review Only I= WHEREAS, within the City of Fort Worth ("City") there is an existing drainage system which has been developed over a number of nears for the numose of collecting and disDosing of storm water runoff-, and WHEREAS, it will be necessary and essential to ensure that the collection of storm water runoff and control of storm water within the City limits adequately protects the health, safety, and welfare of the citizens of the City 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 storm water infrastructure requirements; and WHEREAS, the City Council directs the City to provide storm water service for all real property in the proposed service area in a nondiscriminatory, reasonable, and equitable terms-, and WHEREAS, Chapter 402, Subchapter C of the Texas Local Goverm-newt Code (the .-Act"), as amended, authorizes the City to establish a municipal drainage utility system within the boundaries of the City-, and WHEREAS, the Act authorizes the City to provide rules for the use, operation and financing of the system, and Draft Stuornn Wa er Utifi-ty; Ordina-ricle, WHEREAS, the Act authorizes the City to prescribe basis upon which to d the municipal drainage utility system and to assess the fees and charges to support the municipal drainage VIM utility system; and WHEREAS, the Act authorizes the City to provide exemptions of certain governmental entities or persons from the payment of these charges; and WHEREAS, through the adoption of this ordinance, the City desires to establish rules to support the City's adoption of the Act and the City's declaration that the drainage utility system of the City to be a public utility; 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. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: "M Part 11 of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 12.5, "Environmental Protection and Compliance", Article 111, "Storm Water Protection" is hereby further amended by the addition of Division IV, which shall read and be as follows: SECTION 12.5-366. DEFINITIONS. For the purposes of this Division IV, the following definitions shall apply: (1) Act nleans Chapter 402, Subeh-apter C of the Texas Local Government Code. (2) Benefirted Property, means a developed parcel to w-hich storin ,vater sera -6c-e is made available. (3) Customer/Owner means the person(s) or entity(ies) that is recorded as the customer or user of utility semi es for a parcel as recorded in the records of the City's utility or tax t bills Divaft Stomni W;viter Utility Ordinarjce CR'L. v9 1.010,06 (4) Director means the Director of Transportation and Public Works or the designated a - representative. (6) Drainage Utility Fee means the charge, including interest and penalties paid by the Owner and/or Customer of a Benefitted Property for services provided by the Drainage Utility System including, but not limited to, the items described in "cost-of- service" in Section 402.044(2) of the Act. (7) Drainage Utility System means the Drainage Utility System owned or controlled, in whole or in part by the City, including the City's existing storm water and drainage facilities, materials, and supplies, and dedicated to the service of Benefitted Properties, and including provision for additions, extensions, and improvements thereto and replacements thereof. A ON (8) Drainage Utility Only Account means a utility billing account that is established for the sole purpose of billing applicable Drainage Utility Fees where no other utility services are provided through the City. (9) Equivalent Residential Unit or ERU means 2,600 square feet of impervious cover. (11) Multi-Family Residential Property means aTyr property platted, zoned or used for residential ptuposes that has three (33' ) or more units. (12) Non Residential Proper- meal I C y iis all developed properties wit-Inin the City that are not used for residential purposes, except for multi-family properties. (1 3) Parcel means one (I) or more lots or tracts, or P ortions of lots or tracts. (14) Residential Properqr means Lrny pro� rty p Ire r-tted, zoned ,,. sed single or two do Draft Storm, Water Utifit-v Ordinance `RL v9 1 0'0,06 %- I (2) family residential development upon which a single or two (2) family home has been constructed or placed, including manufactured homes. (15) Storm Water Runoff Potential means relative potential for causing storm water runoff quantities or velocities from a parcel based on the type of development on the parcel. (16) Wholly Sufficient and Privately Owned Drainage System means land and facilities owned and operated by a person or entity other than the City's Drainage Utility System, the storm water from which does not discharge under any storm frequency event or conditions into a creek, river, slough, culvert, or other channel or facility that is part of the City's Drainage Utility System. (A) The City Council makes the findings required by Section 402.045(b), Adoption of System; Rules, of the Texas Local Government Code. (B) Chapter 402, Municipal Utilities, Subchapter C, Municipal Drainage Utility Systems, of the Texas Local Government Code is adopted, and this Division IV shall be administered in accordance with its provisions. (C) The Drainage Utility System of the City is declared to be a public utility. Existing 4:� facilities are incorporated in the Drainage Utility as permitted by Section 402.046, Incorporation of Existing Facilities, of the Texas Local Government Code. The Drainage Utility service area is the area of land located within the city limits of the City of Fort Worth except as provided by Section 35-161 of this Division IV. Upon the effective dates of full annexation of additional lands into the City of Fort Worth, each such fully annexed additional land shall become part of the service area. SECTION 12.5-339. ESTABLISHMENT OF A DRAINAGE UTILITY FEE. (A) A Drainage Utility Fee is hereby established. (B) The Drainage Utility Fee shall be paid by the user of each Benefitted Property in the service area. (C) The Drainage Utility Fee 1S based on: (1) the developed use of the Bvenefitted Property, and k W - (2) the measured or estim- sated. atrio of imper ious cover on the Benefitted Propmeny, Draft St rm Water "Aility, Ordinaunce CRL v3 L.010,06 AS W SECTION 12.5-340. CATERGORIES 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. Each Benefitted Property shall be categorized as one • the following: (1) Residential. Tiers of residential property shall be determined based on the most recent Tarrant Appraisal District property data. The median single family residential parcel in Fort Worth has been determined to have approximately 2,600 square feet • impervious cover or one (2) Non Residential. Fees for Non Residential Benefitted Properties shall be based on the total measured impervious area on each parcel divided by the ERU to determine the number of billing units. The number of billing units will then be multiplied by the rate of one (1) ERU and rounded to the nearest integer to determine the fee. (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) the Residential tiers as follows: Tier Garage Capacity Living Area 0111 (Number of Spaces) (square feet) I Tier 1 0 0 to 1300 (0.5 ERU) 1 0 to 1040 2 0 to 781 3 0 to 521 4 0 to 262 Tier 2 0 1301 to 2475 (I ERU) 1 1041 to 2215 2 782 to 1956 522 to 1696 4 263 to 1437 Tier 3 0 2476 to 3393 (1.5 ERU) 1------T 2216 to 3133 2 1957 to 2874 3 1697 to 26�14 L 4 1438 to 2355 Tier 4 0 3394-11- (2 ERU) li34+ 2 2875+ 2615+ 2356+ I Draft Storm, Water -9 jtjjytN, Ordinance C1Z—L v9 1.010.06 As recorded by Tarrant Appraisal District (C) The City Council finds that it is equitable to assess the Drainage Utility Fee to each Non Residential user on the basis of the number of ERU's in a parcel, which shall be obtained by dividing the estimated impervious cover by 2,600 square feet. The calculated number of ERU's will be rounded to the nearest whole integer to determine the monthly fee. (D) The City Council may review the schedule of rates at any time and may, by ordinance, increase or decrease said rates within the schedule, upon a reasonable determination that said increase or decrease is warranted. (A) The Drainage Utility Fee shall be shown as a separate listing on the monthly water utility bill from the City. (B) The Drainage Utility Fee charged to the Owner and/or Customer currently established as the responsible party for City's water utility service. (C) Where the City does not bill water, sewer or solid waste to an Owner and/or Customer, the City is hereby authorized to establish a "Drainage Utility Only Account" and to bill the Drainage Utility Fee to either the Owner and/or Customer. (D) Any charge due hereunder which is not paid when due may be recovered in an action at law by the City. In accordance with Chapter 402.050 of the Texas Local Government Code and any other remedies or penalties provided at law or in this Section, failure of a user of the Drainage Utility System to pay the charges promptly when due shall subject such user to several actions, including discontinuance of any utility services provided by the City and placement of a lien against the property. SECTION 12.5-342. DRAINAGE UTILITY FUND. (A) A Drainage Utility fund is created. (B) The Drainage Utility fund shall be administered in accordance with Section 402,049, Segregation of Income, of the Texas Local "govern Code. SECTION 12.5-343. ADMINISTRATION; RULES. (A) The Director shall administer this Division IV. (B) The Director shall promulgate rules necessary to administer this Division IV. (C) 'The Direct r inay take in e , cornsideretioin those impr-,,--wed Non Residential Draft Storm Water Utihvs?, Ordin ce CRY.. v9 L0 10.06 properties on -which storm water runoff management techniques are being used and may grant a credit(s) on their monthly billings for such techniques. SECTION 12.5-344. APPEAL. (A) Subject to the restrictions set forth in this Section, any Owner and/or Customer who believes the calculation or determination of the Drainage Utility Fee assessed against them to be incorrect may appeal the fees to the Director; and the Director shall evaluate the appeal based on the methodologies for calculating the Drainage Utility Fee set forth in this Division IV. (B) The appeal shall be in writing and set forth, in detail, the grounds upon which relief is sought and whether the petitioner requests a hearing on its appeal. (C) The appeal shall be filed with such Director within fifteen (15) business days of the Owner and/or Customer receiving the billing statement from the City. The billing statement shall be deemed received five (5) days after it is placed in a mail receptacle of the United States Postal Service. (D) Failure to submit a timely written appeal for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews. (E) The Owner and/or Customer requesting an adjustment may be required, at the A M Owner's and/or Customer's cost, to provide supplemental information to the MINOR Director, including but not limited to survey data approved by a Texas licensed professional land surveyor, engineering reports approved by a Texas licensed professional engineer, or other documentation the Director deems necessary. Failure to provide requested information in a timely manner may result in the denial of the adjustment request. (F) Within a reasonable time of the submittal of a appeal, the Director shall either grant the petition and modify the Drainage Utility Fee assessed; deny the petition if no adjustment is warranted; or if a hearing has been requested and a material issue of fact has been raised or a hearing is deemed necessary by the Director, set a hearing on the petition for appeal. SECTION 12.5-345. HEARINGS. (A) If a material issue of fact has been raised or a hearing is deemed necessary by the Director, then the Director shall set a hearing to detennine if an ac',Justnaent should be made to the Drainage Utility Fee assessed to the Ovvner and/or Customer. (B) Written notice of the hearing shall be served on the petitioner at least fifteen (15) days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested. Draft Stcrtnn Water Utflivy Or-dinance CRL v9 1,0 11, O06 (C) Notice shall specify the date, time and place of the hearing. 9M (D) Notice shall be deemed received five (5) days after it is placed in a mail receptacle of the United States Postal Service. (E) For purposes of this Section, the Director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing. (F) Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the Drainage Utility Fee is not applicable or that the determination of the value of the Drainage Utility Fee was not calculated according to the applicable Drainage Utility Fee schedule or the guidelines established in this Division IV. (G) The Director shall act as the hearing officer. (H) After the conclusion of the hearing, the Director shall make written findings and shall issue a written decision without undue delay. (1) A hearing shall exhaust all administrative remedies of the petitioner. SECTION 12.5-346. EXEMPTIONS. fill The following entities or persons shall be exempt from this Division IV: (A) Any property to which a mandatory exemption under Chapter 402.05 3 of the Local Government Code applies, including without limitation: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned storm water system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the City; (2) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; and (3) A subdivided parcel or lot, until a structure has been built on the lot and a certificate of oC cup ancy has issued, or the mtni icipalit ' y has taken another official action to release the property for occu- pancy. (B) Any property to which a niandatory, exemption unider Chapter 430.003 of the Local Govemment Code applies, including without limitation: (1.` a state agency" and Draft Sty rrur. Water Utility Ordfinance -( 1 1R'- L v 9 6 0 (2) a public institution of higher education. This Division IV does not imply that a Benefitted Property will be free from flooding or erosion, and does not create additional duties on the part of the City. This Division IV does not waive the City's immunity under any law. SECTION 2. CUMULATIVE PROVISIONS This ordinance shall be cumulative of all provisions • ordinances and of the Code of tht direct conflict with the provisions of such ordinances and such Code, in which event conflicting �MM SECTION 3. 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. PENALTYCLAUSE Any person, firmi or corporation who violates, disobeys, omits,, neglects or refuses to comply with or -who resists the enforcement of any of the provisions of this ordinance shall be fined not more than t,vo thcwsand dollars ($2,000,00) or each offense. Each day Ohm a violation Draft Stormy, Water Utility Ordinance CRS v9 1.010.06 is permitted to exist shall constitute a separate offense, I' L" go V M-1191 12 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. IRMUNUMITHEIR 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. I =1 I M MM I of a a OEM I LVA a 17-174 N APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney 0 Assistant City Attomey ADOD I - TED- � EFFECTIVE. Draft Svornt- Water Ufifilty 0-ndina-ruc,,e C. v9 1,010.06 T` Ordinance No. AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM TO BE KNOWN AS THE CITY OF FORT WORTH STORM WATER MANAGEMENT PROGRAM; PROVIDING FOR EXEMPTIONS FROM THE ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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, it is necessary and essential to ensure that the collection of storm water runoff and control of storm water within the City limits adequately protects the health, safety, and welfare of the citizens of the City 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 storm water and drainage infrastructure requirements; and WHEREAS, the City Council has examined 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; and WHEREAS, the City Council has found that the City will, and hereby directs City staff to, establish a schedule of drainage charges against all real property in the proposed service area subject to charges, provide drainage service for all real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charges), and offer drainage service on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, Chapter 402, Subchapter C of the Texas Local Government Code (the "Act "), as amended, authorizes the City to establish a municipal drainage utility system within the boundaries of the City; and WHEREAS, the Act authorizes the City to provide rules for the use, operation and financing of the system; and WHEREAS, the Act authorizes the City to prescribe bases upon which to fund the System and to assess the fees and charges to support the System; and WHEREAS, the Act authorizes the City to provide exemptions of certain governmental entities or persons from the payment of these charges; and WHEREAS, through this ordinance, the City desires to adopt the Act and declare the drainage system of the City to be a public utility; and WHEREAS, in setting the schedule of charges for storm water service, the calculations shall be based on an inventory of the parcels within the City and the development on the benefited properties; and 1 , IL IN LIIQ III f, C711-1-1.7 ..7 11- 1 allocates the cost of storm water control to properties in proportion to storm water runoff potential for each type of property. NOWTHEREF*RE AE-1T-1$0R.*AIJ1E1"Y-V'KE-Uf FORT WORTH, TEXAS: SECTION 1. FINDINGS REQUIRED BY LAW The City of Fort Worth City Council hereby adopts Chapter 402, Subchapter C of the Texas Local Government Code and finds that the City will, and hereby directs City staff to: 1. Establish a schedule of drainage charges against all real property in the proposed service area subject to charges; 2. Provide drainage service for all real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charges); and A I 111 w 3. Offer drainage service on nondiscriminatory, reasonable, and equitable terms. i=- 0- 0- =-- 1111 a 10 VJ L UCK The following definitions apply to the authorizing and the operation of the Drainage Utility System. 1. City: means the City of Fort Worth. 2. Service Area means all that area of land located within the city limits of the City of Fort Worth. Upon the effective dates of full annexation of additional lands into the City of Fort Worth, each such fully annexed additional land shall become part of the Sers,ice Area, SECTION 111. ESTABLISHMENT OF THE CITY OF FORT WORTH DRAINAGE UTILITY SYSTEM The en is Area is hereby declare-d 4E-0 be a drain-age unlit- and shall be known, as the City of 1-ort w Storm -s at Management, Prrs-,-,gram, A i aninage utilito fee shall fax on each impt-oved paurcel within the Cit, rifior sen*iices and I cilities pmovid d by the City oil Fort Wonh Storm Wmter Management Prc)graan, except a, to exemption provided fi r by law or by this ordinance. For purposes of imposing the drainage utility fee, all eligible parcels within the - A-011-2h City shall be classified into categories assigned by rules to be hereafter set by ordinances of the city. SECTION IV. ADMINISTRATIVE PROVISIONS A. Review by City Council. If, after at least five (5) years of substantially continuous operation of the City of Fort Worth Storm Water Management Program, the City Council determines that the system should be discontinued, the powers under the Act should be revoked, and the provision for financing municipal storm water and drainage costs should be made by using other revenues, the City Council may adopt an ordinance that in effect, after providing notice and a public hearing as required by the Act, discontinues the City of Fort Worth Storm Water Management Program. B. Program Implementation. By the passage of this ordinance, the City makes no representation that all of the city's drainage problems will be immediately remedied and the City Council is given full discretion in establishing the time and quantitative priorities in expending funds as the same become available to meet the storm water needs of the city on a reasonable basis. The passage of this article shall not be construed to relieve private landowners, developers or other individuals or entities from providing drainage improvements pursuant to the ordinances of the City and the laws of this state which relate to drainage, storm water or storm water improvements. SECTION V. DRAINAGE UTILITY FUND A. Drainage Utility Fund. The City shall establish a drainage utility fund which may consist of one or more accounts. All drainage utility fees shall be deposited as collected and received into this find, and shall be used exclusively for the drainage services as stated in Local Government Code Section 402.044(2), which includes, but is not limited to the following: 1. The cost of the acquisition of land, rights-of-way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in providing drainage for the benefited property; 2 The tic Z, e cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefited property: 4. The cost of all labor, machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefited property; 5. The cost of funding and financing charges and interest arising from construction projects and the start-up cost of a storm water facility used in providing drainage for the benefited property; 6. The cost of debt service and reserve requirements for revenue bonds used to finance structures, equipment, and facilities which are pledged against securities or obligations issued by the municipality; and 7. The administrative costs of a drainage utility system, including but not limited to, labor, billing, accounting and collection. B. Drainage Fund Accounting. The revenues collected from drainage utility fees must be segregated and completely identifiable from other City accounts. SECTION VI. EXEMPTIONS The following entities or persons shall be exempt from this Ordinance: AN A. Any property to which a mandatory exemption under Chapter 402.053 of the Local PI--1 IN Government Code applies, including without limitation: 1. Property with proper construction and maintenance of a wholly sufficient and privately owned storm water system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the City; 2. Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; and A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has issued, or the municipality has taken another official action to release the property for occupancy. B. Any property to which a mandatory exemption under Chapter 430,003 of the Local Governmatent Code applies, including without limitation: 1. A state agency; and W 2- A public institution of higher education. A-- rd 1111 AN SECTION VII. CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Fort Worth, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION VIII. sy--K••�m It is hereby declared to be the action of the City Council that the phrases, clauses, sentences, paragraphs and sections 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, phrase, paragraph or section. SECTION IX. I -xz 4A This Ordinance shall take effect upon adoption as required by law. APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney M Assistant City Attorney