HomeMy WebLinkAboutOrdinance 26561-10-2023 (2) ORDINANCE NO. 26561-10-2023
AN ORDINANCE AMENDING SECTION 12.5-340 "CATEGORIES
OF DRAINAGE UTILITY RATES" TO ESTABLISH A NEW
SCHEDULE OF CHARGES FOR EACH RESPECTIVE BILLING
TIER; 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-
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, on October 15, 2019 the City Council further revised the rates and charges
for the Municipal Drainage Utility System (Ordinance 23884-10-2019: M&C 19-0242);
and
WHEREAS, on June 13, 2023 the City Council adopted Ordinance No. 26205-06-2023
(M&C No. 23-0474) to amend the City Code to replace outdated definitions for different
categories of properties to ensure correct stormwater utility rates are charged to each
respective property within the Municipal Drainage Utility System; 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 maintenance;
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 22, 2023 in the Fort Worth Star-Telegram in
accordance with the requirements of the Act on or before the 30th 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 low occupancy residential property, 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 12.5-340 "Categories of Drainage Utility Rates", of the City Code of the
City of Fort Worth (2015), as amended, is hereby amended 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 $6.61 per month. Each benefitted property shall
be categorized as one of the following:
(1) Low occupancy residential property. A Low
occupancy residential property shall be placed in one of
four billing tiers based on residential square footage,
identified below, 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
ERU.
(2) High occupancy residential/non-residential
property. Fees for High occupancy residential/non-
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 low occupancy residential
user on the basis of four low occupancy residential
billing tiers and such rates are hereby established.
Low Billing Unit Billing Monthly
Occupancy — Basis Rate,
Billing Tier Equivalent Effective
Residential January
Units 1, 2024
ERU
Tier 1 0.5 ERU Up to $3.31
1,300
square
feet
Tier 2 1.0 ERU 1,300 $6.61
to
2,475
square
feet
Tier 3 1.5 ERU 2,476 $9.92
to
3,394
square
feet
Tier 4 2.0 ERU 3,394+ $13.23
square
feet
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.
SECTION 5.
This ordinance shall take effect on January 1, 2024.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY4-0
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Thomas R. Hansen Jannette S. Goodall 0 o 0
Assistant City Attorney City Secretary �� ao 0 y4y
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ADOPTED: October 31,2023
EFFECTIVE: January 1, 2024
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0940
LOG NAME: 20SWM INCREASE FY24
SUBJECT
(ALL)Conduct a Public Hearing and Adopt Ordinance Amending Section 12.5-340 of the City Code, Revising Monthly Fees Assessed for the
Municipal Drainage Utility System to be Effective January 1,2024
(PUBLIC HEARING-a. Report of City Staff:Jennifer Dyke; 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 Section 12.5-340 of the City Code,
revising monthly fees assessed for the Municipal Drainage Utility System to be Effective January 1,2024.
DISCUSSION:
Due to the need for critical capital improvements and increased maintenance service levels for 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
$0.86/Equivalent Residential Unit(ERU)as a part of the Fiscal Year(FY)2024 Budget request.An ERU equals 2,600 square feet of impervious
surface.This 15%fee increase will support capital delivery for high priority, phased flood mitigation improvement projects and a 5-year plan for
improved maintenance service levels consisting of increased culvert inspection and cleaning,increased channel maintenance, and more drainage
pipe condition assessment, inspection,cleaning, and repair.
In February and June 2023,staff met with the Stormwater Management Program Stakeholder Group to update stakeholders on the program's
efforts,as well as to discuss and get feedback on a potential fee increase and proposed FY24 work efforts. The Stakeholder Group is comprised
of community members representing residential homeowners,civic groups,developers,and large rate payers.
The table below shows what the new fee would be for the four tiers of low occupancy residential properties as well as all high occupancy
residential/non-residential property,which includes properties such as apartments,commercial, industrial,and institutional land uses. The
residential square footage is based on appraisal district data used as a means of estimating the total amount of impervious area on the property.
Low Occupancy Billing Unit—Billing Basis Existing Proposed
Billing Tier Equivalent Monthly Monthly Rate,
Residential Rate Effective January
Units (ERU) 1,2024
Tier 1 0.5 ERU Up to 1,300 $2.88 $3.31
square feet
Tier 2 1.0 ERU 1,300 to $5.75 $6.61
2,475 square
feet
Tier 3 1.5 ERU 2,476 to $8.63 $9.92
3,394 square
feet
Tier 2.0 ERU 3,394+ $11.50 $13.23
square feet
High Per ERU Actual $5.75 per $6.61 per ERU
Occupancy (2,600 impervious ERU
Residential/Non- square feet surface
Residential of
Property impervious
surface)
The Stormwater Utility Fee increase will result in approximately$146,879.00 per year in additional Stormwater Utility Fee payments by the City
organization.
Section 552.045(c)and (d)of the Local Government Code requires publication of any intended revision to a municipality's schedule of drainage
charges 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 22,2023,September 29,2023 and October 6,2023.
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 recommendation and adoption of the attached ordinance,funds will be deposited
into 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. William Johnson 5806
Originating Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662