Ord 58-2010 11/2/2010 a
' ORDINANCE NO. 58-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Article IX Of Chapter 106 Of The Code Of Ordinances Of
The City Of Wichita Falls, Which Governs The City's Storm Drainage
Utility System, Providing For Codification, And Declaring An
Emergency And Effective Date
WHEREAS, the City of Wichita Falls 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;
WHEREAS, Subchapter C of Chapter 552 of the Texas Local Government Code
authorizes the City of Wichita Falls to establish a Stormwater Drainage Utility System
and sets forth the requirements to approve and implement said System, and the City
Council finds that the City has complied with all statutory pre-requisites for adoption of
changes to said system, including public hearing and publication of this ordinance and
notice of public hearing three times before the date of said public hearing, with the first
publication at least 30 days before the hearing;
WHEREAS, the City of Wichita Falls has conducted a study to determine a
reasonable methodology to fairly and equitably charge for stormwater drainage
management servic�s, including capital improvements; and
WHEREAS, the City Council finds the City will:
1. establish a schedule of charges against all eligible real property in the proposed
service area,
2. provide drainage for all eligible real property in the service area on payment of
drainage charges, except real property exempted from coverage under Subchapter C
of Chapter 552 of the Texas Local Government Code, and
3. offer drainage service to said eligible property on nondiscriminatory, reasonable, and
equitable terms.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
1. Article IX of Chapter 106 of the Wichita Falls Code of Ordinances is amended
to read as follows:
ARTICLE IX. STORMWATER DRAINAGE UTILITY SYSTEM
Sec. 106-986. De�nitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
` Benefited properry means a lot or tract to which drainage service is made available or which receives water
or wastewater or sanitation service from the city.
Cost of service, as defined by law, includes:
(1) The prorated cost of land, easements, and rights-of-way related to drainage
improvements;
(2) The cost of acquisition, construction, repair and maintenance of structures, equipment,
and facilities used in draining the benefited properties;
(3) 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 benefited properties;
(4) The cost of all machinery, equipment, furniture, and facilities necessary or incident to the
provision and operation of draining the benefited properties;
(5) 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 benefited
properties; and
(6) The administrative costs of a drainage utility system.
Drainage charge means:
(1) The levy imposed to recover the cost of service of the city in furnishing drainage for any
benefited properiy; and
(2) An amount made in contribution to funding of future drainage system construction by the
city.
Drainage system means the drainage owned or controlled in whole or in part by the city and dedicated to
the service of benefited property, including provisions for additions to the system.
Service area means the municipal boundaries of the city.
Sec. 106-987. System Established and Charges Adopted.
(a) The city declares under the state constitution and Texas Local Government Code §§ 552.041--552.054 that
the Municipal Drainage Utility Systems Act is 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 § 552.046, the
city incorporates its existing drainage facilities, materials, and supplies into the system.
(b) This article adopts a schedule of charges against all eligible real property in the proposed service area.
Pursuant to this article the City will provide drainage for all eligible reai property in the service area on
payment of drainage charges, except real property exempted from coverage under Subchapter C of Chapter
552 of the Texas Local Government Code, and offer drainage service on nondiscriminatory, reasonable, and
equitable terms.
Sec. 106-988. Schedule of charges.
(a) The schedule of charges under this article is based on 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 schedule of charges in this Article 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 impervious area data is the city and the stormwater runoff factars are based on
engineering quantifications. The fee for all properties is computed by charging residential customers on the
basis of the impervious area of an average residential lot and applying that charge to commercial properties
' on the basis of their impervious area, as follows:
(1) A single-family living unit equivalent (SFLUE) is the impervious area of an average residential lot,
which is found to be 3,500 square feet.
(2) The monthly stormwater drainage utility system fee is $3.55 per SFLUE.
Example: Applied to a commercial piece of property with an impervious area of 35,000 square
feet, the stormwater drainage utility system fee would be $35.55, computed as follows:
35,000 sq ft of impervious area / 3,500 sq ft per SFLUE = 10 SFLUEs
10 SFLUES x$3.55 per SFLUE _$35.55 per month
(3) The fee schedule is applied with the following results:
a. For residential properties with individual meters: $3.55 per month per utility customer.
b. For non-residential properties and master-metered residential properties: The fee will be
based on the impervious land area of the property as determined by the city 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
maximum monthly fee shall not exceed $1176.57 per month.
Sec. 106-989. Exemptions.
The city exempts the following categories of utility customers from receiving a drainage charge:
(a) Property owned by the city,
(b) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage
system,
(c) 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, and
(d) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by
the city.
Sec. 106-990. Biiling, deposits, and expenditures.
Sec. 106-991. Appeals.
(a) Ordinary billing and payment disputes under this article shall be subject to informal hearing and dispute
resolution procedures used for other utility billing disputes by the city. Certain other matters may be
appealed to the City Engineer or his designee as follows:
(1) Residential property billing can be appealed when the owner can offer proof that the property is
unimproved and therefore not subject to the stormwater drainage utility system fee.
(2) Any owner of nonresidential property who can offer proof that an errar was made with regard to
the category of land development, the area of imperviousness of the land development, or the size
of the developed property may appeal such matters.
(b) The City Engineer or his designee shall render a written decision on such appeals within 30 days after
receiving a written notice of appeal from the land owner.
Secs. 106-992-106-999. Reserved
' � � 2. Codification
The City Council intends the provisions of this ordinance to become a part of the
Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be
renumbered or relettered to accomplish such intention.
3. Emergency Declaration and Effective Date
The City Council finds that the need for providing funds for the operation of the
City and administering the fees established herein constitutes an urgent public need for
the preservation of the peace, health and safety of property of the City, and declares
that this is an emergency measure, which shall become effective immediately.
PASSED AND APPROVED this the 2" day of November, 2010.
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MAYOR
ATTEST:
� '
ity Clerk