HomeMy WebLinkAboutOrdinance 18381-12-2008ORDINANCE NO 18381 12-2008
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, authorizes 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 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 Uhlrty System (M&C G 15107) and
WHEREAS insetting 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
Storm Water Utility Rate Revision Ordinance
WHEREAS, on September 4 2007 the City Counc>1 rev>sed the rates and charges for the
Municipal Drainage Utility System (M&C G 15858) and
WHEREAS, the City Council finds that an increase m the rates > now warranted to address the
est>mated $1 O1 bl.lll.on storm water infrastructure requirement, >mplement a channel
maintenance and reconstruction program and fund additional watershed stud>es 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 C>ty 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 Utl,lrty Rates" Subsection (B) >s 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 rt > equitable to assess the Drainage Utility Fee to
each Residential user on the basis of four (4) Residential tiers as follows.
Stonn Water Utility Rate Revision Ordinance
Garage Living Area Proposed Residential Storm
Tier Capacity" (square feet)' Water Monthly Rates
(effective January 1 2009)
0 0 to 1 300
Tier 1 1 0 to 1 040
(0 5 ERU) 2 0 to 781 $1 88
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 75
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 $5 63
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+ $7 50
3 2,615+
4 2,356+
As recorded by the appraisal district.
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, 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 ~unsdiction, 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 Crty Council without the incorporation m this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
storm Water Utility Rate Revision Ordinance
SECTION 4.
PUBLICATION
The Crty 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 City of Fort Worth, Texas,
as authorized by Section 2, Chapter XXV of the Charter of the Crty of Fort Worth, Texas and by
Section 52.013 Texas Local Government Code.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect January 1 2009
APPROVED AS TO FORM AND LEGALITY
By ~ U~
Assistant Crty Atto ey
ADOPTED• December 2, 2008
Stone Water Utility Rate Revision Ordinance
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 12/2/2008 Ord No 18381 12 2008
,~ _~. .~ s ~ _~ ...
DATE Tuesday December 02 2008
LOG NAME 20SWM INCREASE REFERENCE NO G-16374
SUBJECT
Adopt Ordinance Amending Section 12 5-340 of the City Code 'Categories of Drainage Utility
Rates by Revising Monthly Rates Assessed for the Municipal Drainage Utility System to be
Effective January 1 2009
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 the monthly rates for the Municipal
Drainage Utility System
DISCUSSION
At the Infrastructure and Transportation Committee meeting on February 12 2008 and in the Fiscal Year
2008-2009 City Manager's Proposed Budget Summary presentation on August 12, 2008 staff
.recommended an increase in the monthly storm water utility rate of $0 55 per equivalent residential unit
(ERU) as a part of the Fiscal Year 2008-2009 budget request. An ERU is equal to 2 600 square feet of
impervious surface This increase is consistent with the five year annual rate projection presented to the
City Council at the public hearing for the storm water utility implementation on December 13 2005 The
new rates are required to support the Storm Water Program's Fiscal Year 2008-2009 operational program
capital program and specifically the continued expansion of capabilities 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
Residential properties are divided. into four tiers based on Tarrant Appraisal District data for living space
and garage capacity
CURRENT PROPOSED
TIER MONTHLY RATE MONTHLY RATE
Tier 1 $1 75 $1 88
Tier 2 $3.20 $3 75
Tier 3 $4 65 $5 63
Tier 4 $6 10 $7 50
The increased charge to the average single family residence based on this fee change will be
approximately $7 17 per year
Rates for non-residential properties are based on the amount of impervious cover on a given property
represented by the number of ERU s on that property as determined from total estimated measurements
rounded to a whole integer The new fee will represent a 17 percent increase in storm water fees for non-
residential properties
Logname: 20SWM INCREASE Page 1 of 2
The Local Government Code Chapter 402 045(c) and 402.045(d) states that a municipality may revise its
schedule of drainage charges and requires publication of the intended revision 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 Fort Worth Star Telegram on October 10 2008 October 24 2008 and November 7
2008 The public hearing was held on November 11 2008 during the regular City Council session
If approved the new rates will become effective on January 1 2009
FISCAL INFORMATION/CERTIFICATION
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
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head.
Additional Information Contact:
Fernando Costa (6122)
Greg Simmons (7862)
Joe Komisarz (2662)
Logname 20SWM INCREASE Page 2 of 2