HomeMy WebLinkAboutOrdinance 18819-09-2009Ordinance No 18819-09-2009
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (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 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, authonzes the City to establish a municipal drainage utility system within the
boundaries of the City and
WHEREAS on January 24 2006 the City Council established a Municipal Drainage Utility
System (M&C G 15066} and
WHEREAS the Act. authonzes the City to prescribe a bans 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 Uhlrty System (M&C G-15107) and
WHEREAS m 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 m 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
WHEREAS, on September 4 2007 the City Council revised the rates and charges for the
Municipal Drainage Utility System (M&C G 15858) and
Storm Water Utility Rate Revision Ordinance
CRR201 ORatesv2
WHEREAS, on December 2, 2008 the City further revised the rates and charges for the
Municipal Drainage Uhlrty System (M&C G 16374) and
WHEREAS, the City Council finds that an increase m the rates is now warranted to address the
estimated $1 O 1 billion 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 CATEGORIES OF DRAINAGE UTILITY RATES.
(B) The City Council finds that rt is equitable to assess the Drainage Utility Fee to
each Residential user on the basis of four (4) Residential tiers as follows
Tier Garage
Capacity" Living Area
(square feet)' Proposed Residential
Storm Water Monthly Rates
(effective January 1 2010)
0 0 to 1,300
Tier 1 1 0 to 1,040
0
5 ERU 2 0 to 781 $2.38
(
.
) 3 0 to 521
4 0 to 262
0 1.,301 to 2,475
Ti
2 1 1,041 to 2,215
er
1 ERU 2 782 to 1,956 $4 75
(
) 3 522 to 1,696
4 263 to 1,437
0 2,476 to 3,393
Ti
3 1 2,216 to 3,133
er
1
5 ER 2 1,957 to 2,874 $7 13
(
.
U) 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+ $9.50
) 3 2,615+
4 2,356+
Storm Water Utility Rate Revision Ordinance
CRR2010Ratesv2
As recorded by the appraisal distract.
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 m
direct conflict with the provisions of such ordinances and such Code, m 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 ~urasdiction, 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 m this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
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 m the official newspaper of the Crty of Fort Worth, Texas,
Storm Water Utility Rate Revision Ordinance
CRR2010Ratesv2
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 5.
EFFECTIVE DATE
This Ordinance shall take effect January 1 2010
APPROVED AS TO FORM AND LEGALITY
By. n. ~(. (,CS
Assistan City Attorney
ADOPTED• September 15, 2009
Storm Water Utility Rate Revision Ordinance
CRR201 ORatesv2
City of Fort Worth, Texas
Mayor and Council Communication
__
COUNCIL ACTION Approved on 9/15/2009 -Ord. No. 18819-09-2009
,_ __ ~ -
~. ~~ .~
DATE Tuesday September 15 2009 REFERENCE NO G-16701
LOG NAME 20SWM INCREASE FY10
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 to be Effective January 1 2010
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 monthly fees assessed for
the Municipal Drainage Utility System
DISCUSSION
The. Storm Water Management Division reported to the City Council on July 21 2009 that staff planned to
recommend a revision to the monthly storm water utility rate of $1 00 as a part of the Fiscal Year 2009-
2010 budget request. In March and April 2009 a Citizens Advisory Committee was convened to review
this increase and the Storm Water Utility program associated with these rates. The Committee expressed
support for the staffs proposed rate structure If approved the new rates will become effective starting
with the January 2010 bills The new rates are required to support the Storm Water Utility's Fiscal Year
2009-2010 operational program capital program and specifically continued levels of activity in the areas of
channel reconstruction maintenance repair and minor construction of infrastructure emergency response
(storms cave-ins and pipe failures), GIS infrastructure mapping and assessment and customer service
The Local Government Code Chapter 402 045 (c) and (d) states that a municipality may revise its
schedule of drainage charges provided the municipality publishes the intended revisions three times prior
to a public hearing and adoption of rates. Staff published notification of this hearing along with the
proposed ordinance in the Fort Worth Star Telegram on August 5 2009 August 26 2009 and September
2 2009 The public hearing was held on September 8 2009 during the regular City Council session
Rates for residential and non-residential properties are based on the amount of impervious cover on a
given property An Equivalent Residential Unit (ERU) of 2 600 square feet of impervious cover is
established to calculate the fee for all residential and non-residential properties. For typical residences the
new rate is an increase of $1 00 per month or $12 00 annually and represents an approximate 26 percent
increase for non-residential properties based on actual impervious surface If approved the new rates will
become effective on January 1 2010
Residential properties are divided into four tiers based on the appraisal district data for living space and
the garage capacity 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 on the actual number of ERU's on the property as determined from
aerial photographs or onsite measurements rounded to a whole integer
Current Residential Proposed Residential
Logname• 20SWM INCREASE FY10 Page 1 of 2
Tier
Tier 1 (0 5 ETU)
Tier 2 (1 ERU)
Tier 3 (1 5 ERU)
Tier 4 (2 ERU)
Storm Water
Monthly Rates
$1 88
$3 75
$5 63
$7 50
FISCAL INFORMATION /CERTIFICATION
Storm Water Monthly Rates
(Effective January 1, 2010)
$2 38
$4 75
$7 13
$9 50
The Financial Management Services Director certifies that the Transportation and Public Works
Department, Storm Water Management Division will be responsible for collection and deposit of these
funds
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
William Verkest (7801)
Joe Komisarz (2662)
Logname• 20SWM INCREASE FY10 Page 2 of 2