HomeMy WebLinkAboutOrdinance 17742-09-2007Ordinance No. 17742-09-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTI3 (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 A PENALTY 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 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
WIH+.REAS, 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
WI~REAS, 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
Storm Water Utility Rate Revision Ordinance
CRL07.18.07v3
WHEREAS, the City Council finds that an increase in the rates is warranted to address the
estimated $640 million storm water infrastructure requirement, implement a channel
maintenance and reconstruction program and fund additional watershed studies as well as a
vegetation management program.
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. CATERGORIES 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 (41 Residential tiers as follows:
Residential Rates
Garage
Living Area Residential Storm Water
Tier
Capacity*
(square feet)* Monthly Rates
effective October 1, 2007
0 0 to 1,300
Tier 1 1 0 to 1,040
(0.5 ERU) 2 0 to 781 $1.75
3 0 to 521
4 0 to 262
0 1,301 to 2,475
Tier 2 1 1,041 to 2,215
(1 ERU) 2 782 to 1,956 $3.20
3 522 to 1,696
4 263 to 1,437
0 2,476 to 3,393
Tier 3 1 2,216 to 3,133
(1.5 ERU) 2 1,957 to 2,874 $4.65
3 1,697 to 2,614
4 1,438 to 2,355
0 3,394+
Tier 4 1 3,134+
(2 ERU) 2 2,875+ $6.10
3 2,615+
4 2,356+
T - As recorded by Tarrant Appraisal District
Storm Water Utility Rate Revision Ordinance
CRL07.18.07v3
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.
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.
PENALTY CLAUSE
Any person, firm 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 two thousand dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 5.
RIGHTS AND REMEDIES
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
Storm Water Utility Rate Revision Ordinance
CRL07.18.07v3
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.
SECTION 6.
PUBLICATION
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this
ordinance for three (3) times 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 402.045 (c) and (d), Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect upon adoption as required by law.
APPROVED AS TO FOR~Mp AND LEGALITY:
By: ~- . 7
Assista City Attorney
ADOPTED: September 4, 2007
EFFECTIVE: VC~"D16~eX ~ ~~~~'
Storm Water Utility Rate Revision Ordinance
CRL07. l 8.07v3
C®ty ®f F®rt Worth, Texas
Mayor and Council Communication
~_ .. _ .. _ o. a
COUNCIL ACTION: Approved on 9/4/2007 -Ord. No. 17742-09-2007
DATE: Tuesday, September 04, 2007
LOG NAME: 20SWM INCREASE
REFERENCE NO.: G-15858
SUBJECT:
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
RECOMMENDATION:
It is recommended that the City Council Adopt the Attached Appropriation 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:
This rate ordinance sets out a specific rate structure needed to support the Storm Water Program's
FY2007-08 operational program, capital program and to account for City growth. The need for an increase
has previously been addressed with the City Council. The Storm Water Management Division reported to
the Infrastructure and Transportation Committee on May 8, 2007, and the City Council during the May 15,
2007 Pre-Council meeting that staff planned to recommend an increase in the monthly storm water utility
rate of $0.30 as a part of the FY 2007-2008 budget request. This is a lower annual increase than projected
when the program was implemented in 2006. If approved, the new rates will become effective starting with
the October 2007 bills.
The Local Government Code, Chapter 402.045 (c) and (d), states that a municipality may revise its
schedule of drainage charges, and requires publication of the intended revision authorities three times prior
to a public hearing and adoption of rates. The City published notification of this hearing along with the
proposed ordinance in the Star-Telegram on July 27th, August 8th and August 22nd. The public hearing
was held on September 4, 2007 during the regular City Council session.
Rates for residential and non-residential properties are based upon the amount of impervious cover on a
given property. An Equivalent Residential Unit, ERU, of 2600 square feet of impervious cover, is
established to calculate the fee for all residential and non-residential properties.
Residential properties are divided into four tiers based upon Tarrant Appraisal District data for living space
and the size of garage. The four tiers correspond to 0.5 ERU, 1.0 ERU, 1.5 ERU, and 2.0 ERU. The rate
for non-residential property is based upon the number of ERU's on the property, as determined from total
estimated measurements, rounded to a whole integer.
TIER
Tier 1
Tier 2
Tier 3
Tier 4
CURRENT MONTHLY RATE
$1.45
$2.90
$4.35
$5.80
PROPOSED MONTHLY RATE
$1.75
$3.20
$4.65
$6.10
Logname: 20SWM INCREASE Page 1 of 2
FISCAL. INFORMATION/CERTIFICATION:
The Finance Director certifies that the Transportation and Public Warks Department, Storm Water
Management Division, will be responsible for collection and deposit of these funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b}L Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Joe Kamisarz (2662)
Logname: 20SWM INCREASE Page 2 of 2
Page 1 of 1
Ramos, Yolanda
From: Ramos, Yolanda
Sent: Thursday, September 06, 2007 3:32 PM
To: 'Lopez, Christine'
Cc: Lopez, Christa
Subject: Ordinance no 17742-09-2007
Importance: High
Please publish ®rdinance l~To. 17742-09-2007 in the star-Telegram for
3 consecutive days, as follows:
Wednesday, 9/12/07
Thursday, 9/13/07
Friday, 9/14/07
s*****I+ III 1l~IE TIIE C®ST ®I+' T~II+ AI:l~***~*
If you have any questions, please call tee.
City Secretary's Office
817-392-6090
817-392-6196
9/6/2007