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HomeMy WebLinkAboutORD 1997-101 ,�..M ORDINANCE NO. 9�-�01 �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CREATING A MUNICIPAL STORMWATER DRAINAGE UTILITY SYSTEM (SDUS); PROVIDING FOR STATUTORY REQUIREMENTS TO SATISFY THE IMPLEMENTATION STEPS NECESSARY TO ESTABLISH SUCH SDUS; APPROVING A SCHEDULE OF FEES AND CHARGES; ESTABLISHING AN EFFECTIVE DATE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY � WHEREAS, the City of Grapevine has identified a need to address drainage improvements and the operation and maintenance of the City's stormwater management program designed to assist in the protection of public health and safety from loss of life and � '° property caused by surFace water overFlows, surface water stagnation, and pollution arising from water runoff within the boundaries of the City; and �,:� WHEREAS, Subchapter C of Chapter 402 of the Texas Local Government Code authorizes the City of Grapevine to establish a Stormwater Drainage Utility System (SDUS) and sets forth the requirements to approve and implement the SDUS; and WHEREAS, the City of Grapevine has conducted a study to determine a reasonable methodology to fairly and equitably charge for stormwater drainage management services, including capital improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. Definitions A. Service Area: the municipal boundaries of the City of Grapevine and any ^� extraterritorial jurisdiction which contributes overland flow into the watersheds served by the Grapevine drainage system. � � � B. Drainage System: the drainage owned or controlled in whole or in part by the City of Grapevine and dedicated to the service of benefitted property, including provisions for additions to the system. ��� C. Benefitted Property: a lot or tract to which drainage service is made available and which receives water or wastewater service from the City of Grapevine. ' D. Drainage Charge: (i) the levy imposed to recover the cost of service of the City in furnishing drainage for any benefitted property and (ii) an amount made in contribution to funding of future drainage system construction by the City. E. Cost of Service: as defined by law to include the prorated cost of: land, easements, and rights-of-way related to drainage improvements; the cost of acquisition, construction, repair and maintenance of structures, equipment, and facilities used in draining the benefitted properties; the cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicality of structures, equipment and facilities used in � ` draining the benefitted properties; the cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation �� of draining the benefitted properties; the cost of funding, debt service, financing charges and interest arising from construction projects and the start-up of a drainage facility used in draining the benefitted properties; and the administrative costs of a drainage utility system. Section 3. Establishing Municipal Stormwater Drainage Utility System The City does hereby declare under the Texas Constitution and Texas Local Government Code, Subchapter C, Sections 402.04-402.054 that such act is hereby adopted and it is declared that the drainage system of the City shall be a public utility. Pursuant to the provisions of Texas Local Government Code, Subchapter C, Section 402.041-402.056 the City incorporates its existing drainage facilities, materials and supplies into the system. Section 4. Adoption of System A. The City Council of the City of Grapevine finds that the City shall establish a schedule of charges against all eligible real property in the proposed �� service area. � ORD. NO. 97-101 2 �. M B. The City Council of the City of Grapevine finds that the City will provide drainage for all eligible real property in the service area subject to charges under Chapter 402 of the Local Government Code and upon payment of �j� drainage charges, unless exempted in this ordinance. C. The City Council of the City of Grapevine finds that the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. Section 5. Public Notice of Ordinance A. The City of Grapevine has published this entire proposed ordinance as part of the notice of the public hearing to consider this ordinance. B. The date of the hearing for this ordinance is September 16, 1997, the time of the public hearing is 7:30 p.m. and the location of the hearing is 200 South Main Street in the City Council Chambers. � C. At the time of the public hearing, this notice of public hearing to consider this proposed ordinance had been published three times, the first date being at least 30 days before the date of the public hearing. � ° Section 6. Schedule of Charges �: � A. The schedule of charges being considered is based on consulting studies, staff review, and the projects and work program approved by the City Council. Future revisions will be made only after a separate hearing has been held with notices properly published. B. The proposed Schedule of Charges is based on a methodology that is nondiscriminatory, reasonable and equitable. The properties are established as a class unless individual calculation is believed to be necessary. The source of the land area data is the Tarrant Appraisal District (TAD) and the stormwater runoff factors are based on engineering quantifications. The fee for all properties is computed using the same formula, which places all properties on the basis of a single-family living unit equivalent (SFLUE). �., ,. � ORD. NO. 97-��� 3 �,- . A SFLUE is defined as a residential lot with a 0.50 impervious cover or runoff factor (SDUS factor), with 3.4 residential units per acre. Therefore, a computed SFLUE is 6,406 square feet of impervious area or �;� 43,560 feet per acre Divided by 3.4 = 12,812 square feet Times a 0.50 SDUS factor � Equals 6,406 square feet of impervious area The proposed monthly SDUS fee is $4.00 per SFLUE. Applied to a one-acre commercial piece of property with a 0.85 SDUS factor, the SDUS fee would be $24.50 computed as follows: 43,560 square feet Times 0.85 = 37,026 square feet of impervious area 37,026 square feet of impervious area divided by 6,406 square feet of impervious area per SFLUE Equals 6.124 SFLUEs times $4.00 per SFLUE Equals $24.50 per month �' � The fee schedule is applied with the following results: �-µ 1. For single-family residential, condominiums and townhome classifications: � $4.00 per month per utility customer 2. For duplex, triplex and quadraplex properties: The fee will be based on the water meter with the fee being $4.00 per unit. A duplex, triplex or quadraplex that is billed from one water meter will be billed $4.00 per month. If these units are billed through separate water meters, the fee will be $2.00 per month for each side of a duplex. (One-half of single-family rate) $1.33 per month for each unit of a triplex. (One-third of a single-family rate) �"�"�` $1.00 per month for each unit of a quadraplex. (One-fourth of single-family rate) � ORD. NO. 97-��� 4 �,.� 3. Mobile Home Parks and Apartments: The fee will be based on the land area of the property as «�� shown on the TAD records if the water service is provided through master meters. In the case of multiple master meters, the sum of the drainage charges for the entire property may be placed on the same utility bill or can be allocated to each metered account. For individually metered trailer pads or apartments, the fee shalt be based on the individually metered accounts: $1.00 per trailer pad or apartment unit per month. (One-fourth of single-family rate) 4. Commercial and Industrial: The fee will be based on the land area of the property as shown on the TAD records if the water service is provided through master meters. In the case of multiple master meters, the sum of the drainage charges for the entire property may be �" '' placed on the same utility bill. � = The calculation of the monthly bill will also take into consideration the drainage runoff potential based upon the use of the land, classified based upon reasonable categories, unless individual calculations for the property are made by the City. 5. Individually Calculated Properties: For properties that have stormwater drainage management facilities that have been imposed by City drainage standards and/or for properties which the City staff believes the fee calculation methodology for the property classification does not ' represent a reasonable charge, the City staff is authorized to calculate the drainage charge based on sound engineering data that has been produced by the City's staff or the City's consulting engineer or the independent engineer of a property's owner or occupant. The engineering data must be acceptable to the City's Public Works Director. Any request initiated by the property owner for an individually calculated fee must be made in writing to the City's Public �" Works Director and must contain the engineering justification ORD. NO. 97-��� 5 �„ .�. and complete technical explanation as part of the request. Additional requirements for the request to be considered may be determined by the City's Public Works Director. �.� Section 7. Exemptions � A. The City of Grapevine exempts the following categories of utility customers from receiving a drainage charge: 1. DFW Airport properties. 2. United States Corps of Engineer property. 3. Established non-profit churches that qualify for designation as a Texas non-profit corporation and qualify for a Federal Income Tax exemption as a Section 501 (c) (3) corporation under the Internal Revenue Code. 4. Owners of residential homesteads may file a request for a hardship exemption on an official city form for review and consideration by the City Manager, or his designee. The City Manager may approve or � ° disapprove the application in whole or in part. The City Manager shall file a written monthly activity and status report with the City Council � � concerning this subsection. ' B. The City of Grapevine shall exempt the following categories of utility customers from receiving a drainage charge: 1. Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system. 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 of Grapevine. 3. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the City of Grapevine. Section 8. Billing, Deposits and Expenditures A. The City will bill for drainage services on the monthly utility bill along with "�'�' water, sewer and solid waste services. � � B. There will be no separate deposit required. ORD. NO. 97-101 6 :x. .. C. In the case of a delinquent payment of the monthly utility bill, which includes the drainage charge, the City is authorized by Subchapter C of Chapter 402 the Texas Local Government Code and by this ordinance to discontinue ��:� service of all City utilities for non-payment, even if the amount in dispute is the drainage charge component of the monthly utility bilf. D. The City of Grapevine shall identify and separate all drainage utility income. E. The monies received from utility drainage charges shall be used only for purposes that are directly or indirectly related to the utility drainage system, as provided by law, including those costs of service defined in Section 2(A) of this ordinance. Section 9. Effective Date � A. This ordinance shall become effective upon approval after public hearings have been conducted. B. The City staff is directed to implement the study steps involved in identifying the various properties to receive a drainage charge, to make changes to the utility billing system to handle the billing process, and to establish any rules, � ° procedures or regulatory guidelines to be used in the administration and operation of the utility drainage system. �� ,� Section 10. Any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Grapevine, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 11. That should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or . unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and affect. Section 12. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this 16th day of September , 1997. ORD. NO. 97-10� 7 <, APPROVED: �,....� � �.�� William D. Tate Mayor ATTEST: _ , inda Huff City Secretary APPROVED AS TO FORM: � , , � . , _ = , , . Yt�w�c�r � -- . > � � 'r� -- . John F. Boyle, Jr. f City Attorney �,.,� � ORD. NO. 97-101 $