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Ord 112-2000 11/21/2000ORDINANCE NO. 11a­ D-000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A NEW CHAPTER 33 OF THE CODE OF ORDINANCES TO BE ENTITLED "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; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 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; and, WHEREAS, Subchapter C of Chapter 402 of the Texas Local Government Code authorizes the City of Wichita Falls to establish a Stormwater Drainage Utility System (SDUS) and sets forth the requirements to approve and implement the SDUS; and, WHEREAS, the City of Wichita Falls 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 WICHITA FALLS, TEXAS: SECTION 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein for all purposes. SECTION 2. That there is hereby established a new Chapter 33 of the Code of Ordinances to be entitled " Stormwater Drainage Utility System," which chapter shall read as follows: "Sec. 33 -1. Definitions. A. Service Area: the municipal boundaries of the City of Wichita Falls. B. Drainage System: the drainage owned or controlled in whole or in part by the City of Wichita Falls and dedicated to the service of benefited property, including provisions for additions to the system. C. Benefited Property: a lot or tract to which drainage service is made available or which receives water or wastewater or sanitation service from the City of Wichita Falls. D. Drainage Charge: (i) the levy imposed to recover the cost of service of the City in furnishing drainage for any benefited 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 benefited 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 benefited properties; the cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefited 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 benefited properties; and the administrative costs of a drainage utility system. Sec. 33 -2. Establishing Municipal Stormwater Drainage Utility System. The City does hereby declare under the Texas Constitution and Texas Local Government Code, Subchapter C, Section 402.041- 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 the Texas Local Government Code, Subchapter C, Section 401.046, the City incorporates its existing drainage facilities, materials and supplies into the system." Sec. 33 -3. Adoption of System. A. The City Council of the City of Wichita Falls finds that the City shall establish a schedule of charges against all eligible real property in the proposed service area. B. The City Council of the City of Wichita Falls 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 drainage charges, unless exempted in this ordinance. C. The City Council of the City of Wichita Falls finds that the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. Sec. 33 -4. Public Notice of Ordinance. A. The City of Wichita Falls 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 November 21, 2000, the time of the public hearing is 8:30 a.m., and the location of the hearing is 1300 Seventh Street in the City Council Chambers. C. At the time of the public hearing, the 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. Sec. 33 -5. Schedule of Charges. A. The Schedule of Charges being considered 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 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 impervious area data is the City of Wichita Falls 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). A SFLUE is defined as the impervious area of an average residential lot which is 3,500 square feet. The proposed monthly SDUS fee is $1.50 per SFLUE. Applied to a commercial piece of property with an impervious area of 35,000 square feet, the SDUS fee would be $15.00, computed as follows: 35,000 square feet impervious 35,000 square feet of impervious area divided by 3,500 square feet of impervious area per SFLUE Equals 10 SFLUEs times $1.50 per SFLUE Equals $15.00 per month The fee schedule is applied with the following results: 1. For single - family residential, condominiums and townhome classifications: $1.50 per month per utility customer 2. Non - Residential: The fee will be based on the impervious land area of the property as determined by the City of Wichita Falls 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 $500 per month. All properties which have a functional stormwater detention facility installed in accordance with Ordinance No. 66 -97 will receive a 25% reduction in their monthly fee. Sec. 33 -6. Exemptions. A. The City of Wichita Falls exempts the following categories of utility customers from receiving a drainage charge: 1. Property owned by the City of Wichita Falls. B. The City of Wichita Falls 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 Wichita Falls. 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 Wichita Falls. Sec. 33 -7. 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. 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 of 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 bill. D. The City of Wichita Falls 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 33 -1(E) of this ordinance. Sec. 33 -8. Appeals. A. Ordinary billing and payment disputes shall be subject to informal hearing and dispute resolution procedures used for other utility billing disputes by the City of Wichita Falls. 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 non - residential property who can offer proof that an error 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 can appeal such matters. 3. The City Engineer or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the land owner. SECTION 3. Effective Date. A. This ordinance shall become effective May 1, 2001. 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 4. 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 effect. SECTION 5. That it is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 6. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 21St day of November 2000. MAYOR ATTEST: U-1) h City Clerk Affidavit of Publication THE STATE OF TEXAS ORDINANCE NO. COUNTY OF WICHITA #1246043 112-2000 ( TA H E C N ORDINANCECOUNCIL Here) OF THE CITY OF 6th December 2000 WICHITA FALLS, TEX- On this day Of AS, ESTABLISHING A NEW CHAPTER 33 OF THE CODE OF ORDI- NANCES TO BE ENTI- A.D. personally appeared before me, the undersigned authority TLED "STORMWATER DRAINAGE UTILITY Kathyalan SYSTEM" (SDUS); y bookkeeper PROVIDING FOR STATUTORY R E- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls QUIREMENTS TO SAT- ISFY IMPLEMENTATION Times/Record News, a newspaper published at Wichita Falls in Wichita County, STEPS NECESSARY TO ESTABLISH SUCH Texas, and upon being duly sworn by me, on oath states that the attached SDUS; APPROVING A SCHEDULE OF FEES advertisement is a true and correct copy of advertising published AND CHARGES; ES- TABLISHING AN EF- FECTIVE DATE ; in one (1) issues thereof on the following dates: FINDING AND DETER- MINING THAT THE MEETING AT WHICH December 3, 2000 THIS ORDINANCE WAS • PASSED WAS OPEN TO THE PUBLICLAW. RE- QUIRED X BY ASTies for Publishing Company of Wichita Falls (SEAL) Subscribed and sworn to before me this the day and year first above written: • 9▪ �F yP� • • OF'Tv- t/s..�.?/RES• ,.• I.��1..... • L