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
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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.
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� � 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.
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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.
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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).
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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
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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)
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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.
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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.
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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.
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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:
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William D. Tate
Mayor
ATTEST:
_ ,
inda Huff
City Secretary
APPROVED AS TO FORM:
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Yt�w�c�r � -- . > � � 'r� -- .
John F. Boyle, Jr. f
City Attorney
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ORD. NO. 97-101 $