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HomeMy WebLinkAboutOrdinance 16781-01-2006Ordinance No. 16781 W01-2006 AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM TO RE KNOWN AS THE CITY OF FORT WORTH STORM WATER MANAGEMENT PROGRAM; PROVIDING FOR EXEMPTIONS FROM THE ORDINANCE; PROVIDING TI•TAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Wl<IEREAS, within the City of Fart 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 c.antral 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 mamler and time of the giving and publishing of the notice of a hearing to consider this proposed ordinance and has found that native 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 far 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 X102, Subchapter C of the Texas Local Government Cade (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 WIIEREAS, 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 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 WORTI^T, TEXAS: SECTION . FINDINGS REQUIIIT.ED 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 3. Offer drainage service on nondiscriminatory, reasonable, and equitable terms. SECTION TT. DEFTNITTONS The following definitions apply to the authorizing and the operation of the Drainage Utility System. 1. City: means the City of Fart Worth. 2. Service Area moans all that area of land located within the city limits of the City of Fort Werth. Upon the effective dates of completed annexation of additional lands into the City of Fart Worth, each such annexed additional land shall become part o£ the service area. Land annexed for limited purposes shall become a part of the service area upon annexation for full purposes. SECTION III. ESTABLTSHMENT OF THE CITY OF FORT WORTH DRATNAGE UTILITY SYSTEM The Service Area is hereby declared to be a drainage utility system and shall be known as the City of Fort Worth Storm Water Management Program. A drainage utility fee shall be imposed an each improved parcel within the City for services and facilities provided by the City of Fort Worth Storm Water Management Program, except as to exemptions provided for by law or by this ordinance. For purposes of imposing the drainage utility fee, all eligible parcels within the City shall be classified into categories assigned by rules to be hereafter set by ordinances of the City. SECTION IV. ADMINISTRATIVE PR(~VISI®NS A. Review ~ City Council. If, after at least five (S} 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 Werth Storm Water Management Program. B. Prog~a~ Implementation. By the passage of this ordinance, the City makes na 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. SECTI®N V. I~ItAINAGE UTILITY FUND A. Drainage Utility Fund. The City shall establish a drainage utility fund which may consist of one or mare accounts. All drainage utility fees shall be deposited as collected and received into this fund, and shall be used exclusively for the drainage services as stated in Local Government Code Section ~02.0~~-(2}, which includes, but is net limited to the fallowing: 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 cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefited property; 3. The cost of architectural, engineering, regulatory compliance, legal, and related services, plans and specifications, studies, surveys, estimates of cast and of revenue, and all other expenses necessary or incident to planning, designing, providing, or determining the feasibility and capability 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 cast 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. SECTI®N VI. EXEIVIPTIC®NS The following entitles or persons shall be exempt from this Ordinance: A. Any property to which a mandatory exemption under Chapter 402.053 of the L,ocaI Government Code applies, including witlaaut 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 ar 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 a1I 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 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 Government Code applies, including without limitation: 1. A state agency; and 2. A public institution of higher education. SECTION VII. CUMULATIVE This Ordinance shall be cumulative of all provisions of ardinances 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 p~°ovisians of other ordinances, in which event the conflicting provisions of the other ardinances are hereby repealed. SECTI®N VIII. SEVERAI$ILITI~' CLAUSE 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. SECTI®I®T IX. EFFECTIVE BATE This Ordinance shall tape effect upon adoption as required by Iaw. APPROVED AS TO FORM AND LEGALITY: David Yet ty Attor y e $y: Assistant City Attorney ADOPTED: ~anuary 2~1, 2006 EFFECTIVE: 3anuary 2~1, 2006 City ®f F~~t ~/®~th, 1°ex~s Mayor and Council Communication SUBJECT. Adoption of an Ordinance Establishing a Municipal Drainage Utility System RECOMMENDATION: It is recommended that the attached ordinance be adopted establishing a municipal drainage utility system in the City of Fort Worth. DISCUSSI©N: On September 2i, 2004, (M&C C-20292) the City Council authorized a contract with AMEC Earth & Environmental, Enc. for Phase 1 of a Comprehensive Storm Water Management Study to update the City's drainage policies and design standards and prepare a comprehensive five-year plan to improve storm water management in Fort Worth. A Policy Advisory Committee (PAC) comprised of 22 community leaders was farmed to advise the staff in developing an enhanced storm water program for increasing capital improvements and improving operations, maintenance and watershed planning. On April 19, 2005, (M&C C-20666) the City Council approved the Phase 2 of this study to develop funding strategies to implement the recommended five-year program. After examining various funding alternatives, a storm water utility fee was selected as the most equitable and dependable means far funding the improvements previously identified. The proposed ordinance establishes a drainage utility system in Fort Worth consistent with the enabling legislation fiound in Chapter 402, Subchapter C of the Texas Local Government Code. The ordinance provides that all developed properties in the City will be assessed storm water fees except where exempt by state law. All fees received would be placed in a separate fund and reserved for the exclusive purpose for which they are collected. This ordinance was published in the Fort Worth Star Telegram on December 8, 15, and 22, 2005 prior to an official public hearing in front of City Council on January 10, 2006 pursuant to Section 402.95 (c) of the Texas Local Government Code. By passage of this ordinance, the City Council makes the fallowing findings pursuant to Section 402.95 (b) (1) through (0) and directs staff to: ~ . 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 (excepf real property that is exempt from such charges}; and 3. Offer drainage service an nondiscriminatory, reasonable, and equitable terms. Logname: 20DRAIN/UT1Lf'I'Y Page 1 of 2 Subsequent to this action, an ordinance to establish the rules and regulations by which the Drainage Utility System shall be governed and which shall be codified in the City Cnde shall be submitted to City Council for consideration. F15CAL INFORMATlONICERTIFiCAT1ON: The Finance Director certifies that adoption of the attached ordinance will have no material effect an City funds at this time. TO Fund/Account/Cer~ters FROM FundlAcc©u~ntlCenters Submitted far City Manager`s Office laX: Marc Ott (8476} Originating De~artmen# Head: Robert Goode (7804} Addltionai Information Contact: George 13ehmanesh {7914} Lognanne: 20DRAfN/UTILITY Page 2 of 2