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HomeMy WebLinkAboutOrdinance 16782-01-2006Ordinance No. 16782-01-2006 AN ORDINANCE AMENDING CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE", ARTICLE III, "STORM WATER PROTECTION" OF THE CODE OF THE CITY OF FORT WORTIE~I (1.986}, AS AMENDED, BY ADDING A NEW DIVISION TV, SECTIONS 12.5-336 THROUGH 1.2.5-347, ENTITLED "MUNICIPAL DRAINAGE UTILITY SYSTEM"; ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM; SETTING FORTH DEFINITIONS; ESTABLISHING AND CALCULATING DRAINAGE UTILITY CHARGES AND CATEGORIES AND MONTHLY DRAINAGE UTILITY FEES; ESTABLISHING THE BILLING AND PAYMENT OF DRAINAGE UTILITY FEES; PRO'V'IDING FOR AN APPEAL AND liEARING PROCESS; PROVIDING PENALTIES AND REMEDIES FOR FAILURE TO PAY FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING- A 5EVERABILITY 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, 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 WiIEREAS, 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 X02, 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 far the use, operation and financing of the system; and Storm Water Utility Ordinance CRL v 11 Final 1.12.06 WHEREAS, the Act authorizes the City to prescribe 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, the Act authorizes the City to provide exemptions of certain governmental entities or persons from the payment of these charges; and WIiEREAS, 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 WlFIEREAS, in setting the schedule of charges far 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 cast of storm water control to properties in proportion to storm water runoff potential for each type of property. NOW TI-IEREFORE IIE IT ®RDAINED BY TIIE CITY COUNCIL OF THE CITY OF FORT WORTIEI, 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" is hereby further air~ended by the addition of Division TV, which shall read and 6e as follows: DIVISION IV. MUNICIPAL DRAINAGE UTILITY SYSTEM SECTION 11.5-33G. DEFINITIONS. For the purposes of this Division IV, the following definitions shall apply: (].) .Act means Chapter 402, Subchapter C of the Texas Local Government Code. (2) Be~efitted Pr©perty means a developed parcel to which storm water service is made available. (3) Cyst©nr~ear/OwrRO~ means the person(s) or entity(ies) that is recorded as the customer ar user of utility services for a parcel as recorded in the records of the City's utility ox tax billing system. Storzx~ Water Utility Ordinance CRL v1lFinal 1.12.06 (4) Developed Property means a lot or tract that has been improved with impervious surface. (S) ~}irector means the Director of Transportation and Public Works or the designated representative. {G} Drainage Infrastructure means the property, real, personal ar mixed, that is used in providing storm water capabilities and capacity to manage and control storm water runoff far the Drainage Utility System, including bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, retention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, stare, or treat the water, or divert the water into natural or artificial watercourses. (7} Drainage Utility Fee means the charge, including interest and penalties paid by the Customer/Owner 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 and any charges far future funding of the Drainage Utility System construction as described in Section 402.044{4). ($) 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. (9) 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. {10}Equivalent Residential Unit or ERU means 2,600 square feet of impervious area or surface. (11) Impervious Area or Irrnpervious Surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but are not limited to, compacted soils with a surface treatment, buildings, pavement, parking lots, driveways, sidewalks and other man- made structure or surface that is built or laid an the natural surface of the land which has the effect of increasing, concentrating, or otherwise altering storm water runoff so that flaws are increased. (l~} Multi-Family Residential Property means any property platted, zoned or used for residential purposes that has three {3) or more units. (13) Non Residential Property means all Developed Properties within the City that are Storm Water Utility Ordinance CIZL v 11 Final 1.12.06 not used for residential purposes. (14) Parcel means one (1) or more lots or tracts, ar portions of lots ar tracts. {15) Residential Property means any property platted, zoned or used for single or two {2} family residential development upon which a single or two (2) family home has been constructed or placed, including manufactured homes. {16) Storan 'Water Runoff Potential means relative potential far causing storm water runoff quantities or velocities from a parcel based on the type of development an the parcel. (17) Wholly Snffieient and Privately Gwned Drainage Syste~an 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 nat 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. SECTION 12.5-337. FINDINGS; ADE~P'TI4N OF STATE LAW. (A) The City Council finds, as required by Section 402.045(b), Adoption of System; Rules, of the Texas Lneal Government Code, that the City shall: {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. (~) 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 facilities are incorporated in the Drainage Utility as permitted by Section 402.046, Incorporation of Existing Facilities, of the Texas Local Government Code. SECTI®N 12.5-338. SERVICE AREA. 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 12.5-346 of this Division IV. Upon the effective dates of completed annexation of additional lands into the City of Fort Worth, Storm Water Utility Ordinance CRL vl 1Fina1 1.12.06 each such annexed additional land shall beco~x~e part of the service area. Land annexed for limited purposes shall become part of the service area upon annexation for full purposes. SECTION 12.5339. ESTABLISHMENT Oll+" A DRAINAGE 1`7TILITY FEE. (A) A Drainage Utility Fee is hereby established. ($} The Drainage Utility Fee shall be paid by the user of each Benefitted Property in the service area. (C) The Drainage Utility Fee is based on: (1) the developed use of the Benefitted Property; and {2} the measured or estimated amount of impervious area or surface on the Benefitted Property. SECTI®N 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 of the following: {1} Residential Property. Tiers of Residential Property shall be determined based on the most recent Tarrant Appraisal District property data. The median single family residential parcel in Fart Worth has been determined to have approximately 2,600 square feet of impervious area or surface or one (1) ERU. (2) Non Residential Property. Fees for Non Residential Benefitted Properties shall be based on the total estimated impervious area on each parcel divided by 2600 square feet to determine the number of ERUs or billing units. {3) Multi-Family Residential Property. Fees for Multi--Family Residential Benefitted Properties shall be based on the Iota] estimated impervious area on each parcel divided by 2600 square feet to determine the number of ERUs or billing units. (R) 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: Storm Water Utility Ordinance CRL vl 1Fina1 1.12.06 Tier Garage Capacity (Number of Spaces) Living Area (square feet) Tier 1 0 0 to 1300 (o.s ~RU> 1 0 to 1040 2 Oto781 3 Oto521 4 0 to 262 Tier 2 0 1301 to 2475 (i ERU) 1 1041 to 2215 2 782 to 1956 3 522 to 1696 4 263 to 1437 Tier 3 0 2476 to 3393 (1.5 ~RU) 1 2216 to 3133 2 1.957 to 2874 3 1697 to 2614 4 1438 to 2355 Tier 4 0 3394+ (2 ERU) 1 3134+ 2 2875+ 3 2615+ 4 2356+ ~ - 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 sha11 be obtained by dividing the estimated impervious area or surface by 2,600 square feet. The calculated number of ERU's will be rounded to the nearest whole integer to determine the monthly fee. (I)) The City Council finds that it is equitable to assess the Drainage Utility Fee to each Multi-Family Residential Property owner and user on the basis of the number of ERU's in a parcel, which shall be obtained by dividing the estimated impervious area or surface by 2,600 square feet. The calculated number of ERU's will be rounded to the nearest whole integer to determine the monthly fee. (E) 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. SECTION I2.5-34I. BILLING >~ OR DRAINAGE UTLITY FEE. (A} The Drainage Utility Fee shall be shown as a separate listing on the monthly water utility bill from the City. Storm Water Utility Ordinance CRL vl 1Final 1.12.06 (B) The Drainage Utility Fee will be charged to the Customer/Owner currently established as the responsible party for City's water utility service. (C) Where the City does not bi11 water, sewer or solid waste to a Customer/Owner, the City is hereby authorized to establish a "Drainage Utility Only Account" and to bill the Drainage Utility Fee to either the Customer/Owner. (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.OS0 of the Texas Local Government Code failure of a user of the Drainage Utility System to pay the charges promptly when due shall subject such user to any remedy or penalty provided by law or in this Section, including discontinuance of any utility services provided by the City and placement of a lien against the property. SECTIGN 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, Segregatiarti of Incarne, of the Texas Local Government Code. SECTI®N 12.5-343. AIII~II`1ISTRATION; ILULES. (A) The Director shall administer this Division IV. (B) The Director shall promulgate rules necessary to administer this Division IV. (C) The Director may take into consideration those Non Residential Properties on which storm water runoff management techniques are being used and may grant a credit(s) on their monthly billings for such techniques. SECTI®lii 12.5-344. APPEAL. (A) Subject to the restrictions set forth in this Seetian, any Customer/Owner 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 N. {S) The appeal shall be in writing and set forth, in detail, the relief sought, 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 Customer/Owner receiving the billing statement from the City. The billing Storm Water Utility Ordinance CRL v l 1Final 1.12.06 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 far reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews on such billing statement. (E) The Customer/Owner requesting an adjustment may be required, at the Customer/Owner's cost, to provide supplemental information to the 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 an appeal, the Director shall either grant the petition and modify the Drainage Utility Fee assessed; deny the petition if nn adjustment is warranted; or a hearing is deemed necessary by the Director, set a hearing on the petition for appeal. SECTI®N 12.5-345. IIEAIZINGS. {A} If a hearing is deemed necessary by the Director, then the Director shall set a hearing to determine if an adjustment should be made to the Drainage Utility Fee assessed to the Customer/Owner. (]~) Written nonce 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. (C) Notice shall specify the date, time and place of the hearing. {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, that the petitioner's property is exempt from the charge, that the Drainage Utility Fee was calculated incorrectly 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. Storm Water Utility Ordinance CRL vl 1Fina1 1.12.06 (I~I} After the conclusion of the hearing, the Director shall make written findings and shall issue a written decision without undue delay. (I} The decision of the Director shall be final. SECTION 12.5-346. EXEMPTIONS. The following entities or persons shall be exempt from this Division IV: (A) Any property to which a mandatory exemption under Chapter ~-02.OS 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 occupancy has issued, or the municipality has taken another official action to release the property for occupancy. (B) Any property to which a mandatory exeanptian 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 12.5-347. NO WAIVER OI+' IMMUNI'PY. This Division N does not warrant, guarantee, or provide any assurance that a Benefit:ted Property will be free from flooding or erosion, and does not create additional duties on the part of the City. This Division fV does not waive the City's immunity under any law. SECTION 2. CUMULATIVE PROVISIONS This ordinance shall be cunnulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (198b), as amended, except where the provisions of this ordinance are in Storm Water Utility Ordinance CRL v l 1 Final 1.12.06 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. SECTICON 3, SEVERAB]iL1CTY 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 va]id 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 ar 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 vioiatian is permitted to exist shall constitute a separate offense. SECTION ~. Rl~GHTS ANA 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 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 sha11 not be affected by this ordinance but may be prosecuted until final disposition by the courts. Storm Water Utility Ordinance CRL v 11 Final 1.12.06 SECTION fi. 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 '~. EFFECTIVE DATE This Ordinance shall take effect upon adoption as required bylaw. APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney By: Assist t City Attorne ADOPTED:, January 24, 2006 ~ T_ EFFECTIVE: January 24, 20Q6 Storm Water Utility Ordinance CRL v 11 Final 1.12.05 City ®t F`®~ VI/®,rth, ~ex~s Mayor and Council Communication COUNCIL ACTION; Approved on 112412flfl6 -Ordinance No. '9G782-~-2006 -~ CONTIN" `ED F`RONI A PREVIOUS WEEK DATE:, Thursday, January 19, 2QQ6 LOG NAME: 20DRAlN/RULES REFERENCE NO.: G-"15067 SUBJECT: Adoption of an Ordinance Amending the City Code by Adding Division 1V to Article 1l1, Sections 12.5-33~i through 12.5-347, Entitled "Municipal Drainage Utility System" to Chapter 12.5 _... RSC©MMENDATION: It is recommended that the City Gouncil adopt the attached ordinance amending the City Code of Fort Worth (1986) as amended by adding Division IV to Article III, Sections 12.5-336 through 12.5-347, to Chapter 12.5, entitled "Municipal Drainage Utility System". ©ISCUSSIC3N. On September 21, 2004, (M&C G-20292) the City Council authorized a contract with AMEC Earth & Environmental, Inc. for Phase 1 of a Comprehensive Storm Water Management Study to update the City's drainage policies and design standards and prepare a comprehensive 5-year plan to improve storm water management in Fort Worth. A Policy Advisory Committee (PAC) comprised of 22 community leaders was formed 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 5-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 the rules and regulations by which Fort Worth's drainage utility system shall be governed consistent with the enabling legislation found 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. Ail fees received would be placed in a separate fund and reserved far the exclusive purpose for which they are collected. An ordinance establishing the drainage utility system was published in the t=ort Worth Star Telegram December 8, 15, and 22, 2005 prior to an official public hearing in front of City Cauncii on January 10, 2006 pursuant to Section 402.45{c) of the Texas Local Government Code. 13y passage of this ordinance the City Council makes the following findings pursuant to Section 402.45(b){1) through {3) and directs staff tn: 1. Establish a schedule of drainage charges against all real property in the proposed service area subject to charges; 2. Provide drainage service far ail real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charges}, and Logname: 20DRAIN/RULES Page 1 of 2 3. Offer drainage service on nondiscriminatory, reasonable, and equitable terms. Article 111, "Municipal Drainage Utility System" defines certain terms, creates a drainage utility fee, divides properties by residential or non-residential character and establishes a standard billing unit to calculate SUCK fees based an the impervious surface of the properties. It bestows the duty Of carrying au# the purposes of this Article with the Department of Transportation and Public Works and allows City Council to establish and amend such rates as necessary. I# also provides for an appeal and hearing process for property owners who are assessed the drainage utility fee. Following the passage of #his ordinance and publication as required by law, an ordinance to establish the rates for the drainage utility fee shall be submitted to City Council for approval. FISCAL INFORMATIONIC~RTIFICATION: The Financial Director certi#ies that adoption of the attached ordinance will have na material effect nn Ci#y funds at #his time. TC} FundlAccountlCenters Submitted for Cit~,.Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/AccounUCenters Marc Ott (8476) Robert Goode (7804} George Behmanesh (7914} _~ Logname: 20DRA1rN/RULES Page 2 of 2