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Min 04/20/1999
436 Wichita Falls, Texas Memorial Auditorium Building April 20, 1999 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Altman Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres City Clerk Mayor Yeager called the meeting to order. Invocation was given by Dr. Kenneth Warnock, Church of Jesus Christ of Latter Day Saints. Item 3 Mayor read a proclamation in recognition of the 1999 Lady Raiders Soccer Team. Coach Carl Wheresmya and the Lady Raiders were recognized for being the Region I, Region Finalist. They were applauded for their athletic skills, educational endeavors, and community activities. Mayor read a proclamation in recognition of the 1999 Men's Raider Soccer Team. Coach Kenny Catney and the Raiders Soccer Team were recognized for being undefeated District Champs. They were applauded for their athletic skills, educational endeavors, and community activities. Mayor read a proclamation in recognition of the Midwestern State University 1998 Lady Indians Soccer Team. Coach Jeff Trimble and the Lady Indians were recognized for setting a new school record of most consecutive wins, fifteen wins, and for the all around excellence which allowed another first for the Lady Indians as they won the titles of Lone Star Conference Regular Season Champions and a tournament title in the same season. They were applauded for their athletic skills. Mayor read a proclamation in recognition of the Midwestern State University 1998-1999 Men's Basketball team. Coach Jeff Ray and Men's Basketball Team were recognized for an impressive record and for being nationally ranked throughout the top ten teams for six weeks. Midwestern State University was placed among the national attendance leaders in Division 2 with an average of 2222 fans attending per game. Midwestern State University won the Lone Star Conference Championship and hosted the NCAA Basketball Tournament for the first time in school history. They were placed third in the national scoring rates averaging more than 90 points an outing. 1998-1999 was a great year for coaches, players, students, and fans. Midwestern State University Men's Basketball Team and their coaches were applauded for their athletic skills and exciting plays. Mayor proclaimed April 24, 1999 as "Walk America March of Dimes Day". 437 Item 3 continued University Kiwanis Club presented the City a check in the amount of $2500, proceeds from the Kiwanis Park concession, and expressed appreciation for the support which they have received from the City. Item 4 One person had signed up to speak but was not present when called on. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-8d Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Thompson Councilor and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Items 6a Bid was awarded to Clarklift of Wichita Falls in the amount of $53,750.00 for the purchase of one (1) each front end loader/backhoe. Item 7a RESOLUTION NO. 38-99 RESOLUTION TO ACCEPT THE 1998 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 8a-8d Minutes of the following Boards & Commission meetings were received. a. Park Board, October 22, 1998 b. Park Board, February 25, 1999 c. Traffic Safety Commission, February 3, 1999 d. Clean Community Commission, March 9, 1999 Item 9a A public hearing was held to receive comments on the proposed use of funds received from the Bureau of Justice Assistance (BJA), U.S. Department of Justice. Mayor declared the public hearing open. Acting Chief Manuel Borrego informed that they had received grant funds from the Bureau of Justice Assistance to purchase equipment. They want to use the funds for various things in the Police Department such as building security, employ and train a dispatcher as a trainer, purchase video recording equipment and computer equipment. 438 Item 9a continued Councilor Thompson asked if this was a continuation grant. Acting Chief Borrego replied that this was the third one they had received and were hoping there was another one in 1999. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 10a A proposed ordinance was presented waiving penalties and interest on delinquent property taxes owed by Mr. Virgil I. Green Jr. at 1908 Wilson. Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Beaty. City Attorney explained that in 1998 Mr. Green paid off the mortgage on his home and he was rebated the amount in his escrow account, but neither the Appraisal District nor the County Tax Office was notified of this fact. The 1998 taxes were mailed to the mortgage company and the mortgage company did not forward them to Mr. Green. According to the law, neither the Appraisal District nor the County Tax Office did anything inappropriate; this happens on a frequent basis as mortgages are paid off during the tax year. Neither entity has any way of knowing that unless the owner advises them accordingly. The amount being requested is $17.04, which is minuscule, but I feel that approving this ordinance would be a bad precedent and I recommend that the ordinance not be approved and the refund not be authorized. Councilor Altman expressed a fairness concern. So many things we do are governed by law and there are public records that govern our conduct and we are presumed to have knowledge of the law and the public records. I would presume that when the mortgage company was paid in full they filed a release of deed of trust and the full title went back to the property owner. The fairness problem I have is that since it is undisputed that the property owner did not get notice, it is probably undisputed that the mortgage company filed with the County Clerk a release of deed of trust thus showing the property title is vested fully in the property owner. It seems to me that the Appraisal District is on public notice that the correct owner of that property is the property owner and by the same methods that they originally get the tax record and find the property owners is from the deed records. It does not seem unfair to me to waive the penalty in this case where the property owner took no action, he just did not receive the tax notice through no fault of his own. It seems to me that the Appraisal District is on notice that the property title changed just as if a sale had occurred in that property and the property had been sold to someone else. They would have picked up the title change and would have changed their tax notice. City Attorney mentioned that the property owner is given a refund on the escrow account and with that refund is an itemized statement of what he is being refunded for. Taxpayer has some responsibility to know that his mortgage company is not going to be paying the taxes for that year because he got his money back. There is fairness on both sides. Mayor commented that this is the first time, since she has been on the Council, that something like this has come up and how many times during the course of the year do people pay their mortgages off and similar circumstance exists. It is unfortunate, but I think it is the fault of the taxpayer because the Appraisal District has done nothing different in this case that they have done through the years. Councilor Thompson asked if there were others in the same situation. City Attorney replied that no one else had come forward with a similar request. Motion failed by the following vote. Ayes: Councilors Altman and Beaty Nays: Mayor Yeager, Councilors Johnston, Shine, Thompson, and Burns 439 Item 10b ORDINANCE NO. 33-99 ORDINANCE WAIVING SEC. 22-1(A)(3) AND SEC. 22-1(A)(9) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS AND POSTING OF SIGNS, FOR LARRY BRUMBELOW DURING AN EVENT TO BE HELD APRIL 24, 1999 IN LUCY PARK; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 33-99 be passed. Motion seconded by Councilor Beaty. Mayor questioned the thirty day waiting period before an ordinance goes into affect, and the fact that this event is scheduled for April 24. City Attorney replied that she was correct and, obviously, this does not qualify as an emergency. All we can do is take the Councios action as being an instructive to the Staff. Councilor Thompson asked what that meant. City Attorney explained that the Staff and Parks and Recreation Department will allow this activity to take place and the waiver to go forth even though it does not have the effect of law until after the event is already over. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10c ORDINANCE NO. 34-99 „ ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS BY AMENDING ARTICLE XI, ESTABLISHING A WRECKER ROTATION SYSTEM AND REGULATIONS APPLICABLE TO WRECKER ROTATION BUSINESSES OPERATING WITHIN THE CITY OF WICHITA FALLS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 34-99 be passed. Motion seconded by Councilor Shine. City Manager gave a history on the wrecker service and explained the proposed rotation system. Staff recommends that the rotation system be given a try to see if it will work. Councilor Altman suggested the use of an inventory sheet at the scene of the wreck that the wrecker driver signs, similar to what is used by the Department of Public Safety. This would avoid any dispute of whether personal property was there or not when someone picks up the vehicle. Acting Chief Borrego stated that their current policy is that any vehicle towed as a result of police action an inventory sheet is prepared. Vehicles not inventoried are the ones that are involved in accidents and are towed on request of the driver. If a driver is unable to specify what he wants done with the vehicle, we take it in for safekeeping and at that point we will do an impound sheet on it. Councilor Beaty expressed a concern about the requirement for the wrecker services to have three light duty wreckers. He did not see why on the rotation system everyone has to have all the requirements as if they were the sole provider of the service. We have wrecker services in our community that can carry up to recreation vehicles and they are precluded from the rotation list. If you have a list it seems to me that the more people that are on the list that are qualified, the better service we could provide. 440 Item 10c continued Mrs. Gahagan stated that the idea behind that is that a contractor needed adequate equipment to be able to respond to their calls at any time. If they start with the penalties that are imposed upon the contractors, it is almost mandatory that they have more than one vehicle. If their wrecker is on another job he has to pass his rotation and that would automatically penalize him. All the contractors were in agreement that that would probably be the minimum that it would take for anyone to respond to their rotation at any point and time. Councilor Beaty asked if they had discussed this with independent contractors who have only one vehicle. Mrs. Gahagan responded that they had discussed this with the contractors who showed interest in working with the City in the bid process. All the independent contractors were sent notification that this was on the agenda and they could respond to it and obtain a copy of the ordinance. Councilor Beaty asked if they were included in this process to come up with these requirements. She replied that they were not but they worked primarily with the three or four contractors that showed interest, we did not work with each independent contractor. Councilor Beaty said he did not think it was fair to these independent contractors to preclude them from the very beginning because they may be able to respond. If they can't respond in three times then drop them from the list. I think we should give everyone a chance. City Manager explained the reason for the proposed recommendation. Additional discussion ensued on this particular point. It was noted that the public safety of the citizens should come first. Donnie Melton, Donnie's Wrecker Service, commended the City for working with the wreckers and coming up with an ordinance that meets the needs of the citizens. I think it will be a great working system for the City. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 a A proposed resolution waiving Resolution No. 34-85 to permit retention of donations during an event April 24, 1999 in Lucy Park by Larry Brumbelow. Moved by Councilor Thompson that proposed resolution be passed. Motion seconded by Councilor Johnston. Mr. Jack Murphy informed that the Park Board had met and recommended that the 10% fee for donations be waived but did not recommend that the 16% fee for sales of food and drink items be waived. Mayor asked if this fee had ever been waived before and Mr. Murphy replied that it had not. Mayor asked for examples of non-profits who had held events at that Park and Mr. Murphy replied that United Regional Health Care, Heart Association, Diabetes, health related causes, etc. He stated that this is an individual, as opposed to a non-profit organization. Council members expressed concern in regard to the accountability and responsibility of this event since this is an individual and not an organization. Larry Brumbelow, 5127 Deer Creek, informed that the event has been structured by an individual because it was necessary for the event to go forward since the Red Cross does not do its own events. He informed that he has filed a letter of intent with the City Clerk. The Red Cross has certain things they are affiliated with which has taken place over a period of time. It was necessary for me to come forward as the promoter of the event to take care of creating and coordinating the event. We have taken care by agreement with the Red Cross to set up a separate entity to take care of all donations which is headed by Mr. Wayne Wiggins. Mr. Wiggins has assumed the role of Chair of this donations committee so that we who are doing 441 Item 11 a continued the show are not anywhere near the money. We are sending this money through Red Cross specifically geared to medical aid. Councilor Shine asked how the checks would be made out. Mr. Brumbelow replied that checks will be made out to the Red Cross with Kosovo Relief in the memo. Checks will be accounted for separately and turned over to the banking institution that we have chosen to be the guardians of the collected amounts. Councilor Altman asked how out of pocket expenses would be underwritten. Mr. Brumbelow replied that every element of this event was being donated. Only out of pocket expense is for the liability insurance for the day and we are negotiating with several businesses to assist with that. Councilor Thompson commended Mr. Brumbelow for his efforts and for addressing the Council's concerns. This effort speaks volumes of the character of Wichita Falls. To want to go out of the way to help people we will never see or meet because we are concerned about their medical needs and the necessities certainly speaks well of our City. I can remember one other occasion, the massacre in Tienanmen Square, that we expressed concern about international affairs and people being mistreated, and we passed a resolution in reference to that. I will be there on Saturday and urged those listening to make their contributions for the Kosovo Relief Fund through the Red Cross. Council members expressed concerns about charging local non-profits who collect money locally to be spent locally for very needy causes but not someone else where the money is going out of town, no matter how valuable the cause. This would not be consistent and would be setting a precedent. Mr. Brumbelow was commended for his desire and efforts to help. It was mentioned that there was no argument to the merit of this cause and that Council supports Mr. Brumbelow and wishes him well. A vote against this waiver is not a vote against the action Mr. Brumbelow is taking. Motion failed by the following vote. Ayes: Councilor Thompson Nays: Mayor Yeager, Councilors Johnston, Shine, Altman, Burns, and Beaty Item 11 b RESOLUTION NO. 39-99 A RESOLUTION NAMING A BALLFIELD IN THE SOFTBALL COMPLEX IN MEMORY OF LOUIS ESQUIBEL; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 39-99 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and BeatyW Nays: None 442 Item 11 c RESOLUTION NO. 40-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URS GREINER WOODWARD CLYDE FOR COMPLETION OF THE KICKAPOO AIRPARK FEASIBILITY STUDY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 40-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 d RESOLUTION NO. 41-99 RESOLUTION ESTABLISHING A PROCEDURE FOR DONATION OF MUNICIPAL COURT JUROR FEES TO WICHITA COUNTY TEEN COURT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 41-99 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 e RESOLUTION NO. 42-99 RESOLUTION ESTABLISHING PRIORITIES FOR EXPENDITURES FROM THE JUDICIAL EFFICIENCY FEE FUND; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 42-99 be passed. Motion seconded by Councilor Thompson. Councilor Altman noted that this purchase to upgrade hardware and software had been previously approved and asked if there had been a budget allocation in the amount of $165,000 at that time. Mr. Powers will look into this. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None City Council recessed at 10:30 a.m. and reconvened at 11:00 a.m. 443 Item 11f RESOLUTION NO. 43-99 RESOLUTION APPROVING CONTRACT WITH BIGGS & MATHEWS, INC. FOR THE PRELIMINARY ENGINEERING AND GEOTECHNICAL REPORT FOR EXPANSION OF THE CITY OF WICHITA FALLS LANDFILL (LANDFILL NO. 1428); DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 43-99 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 RESOLUTION NO. 44-99 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE PHASE 3 SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM REPLACEMENT PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 44-99 be passed. t = Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 11 h RESOLUTION NO. 45-99 RESOLUTION CERTIFYING THE CITY OF WICHITA FALLS' INTENT TO COMMIT THE NECESSARY FUNDING TO SECURE THE 2001 ASSOCIATION OF MAYORS, COUNCILMEMBERS AND COMMISSIONERS ANNUAL INSTITUTE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 45-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 444 Item 12a RESOLUTION NO. 46-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REJECTING BIDS FOR THE POLICE DEPARTMENT ANNUAL TOWING REQUIREMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 46-99 be passed. Motion seconded by Councilor Shine. Carlson Stewart, 201 E. Scott, owner of Big Daddy's Wrecker Service, stated that the process had been very unfair. Mr. Stewart said he had spent a lot of money to meet the City's bid requirements and he feels he should have been awarded the bid. It was noted during Council discussion that some of the fees could be refunded to Mr. Stewart or he can reapply them on the new rotation system. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12b RESOLUTION NO. 47-99 RESOLUTION TO AWARD BID FOR THE LAKE WICHITA BOAT RAMP AND PIER PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 47-99 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12c RESOLUTION NO. 48-99 RESOLUTION TO AWARD BID FOR GRAZING LEASE AT LAKE KICKAPOO TO HARDLY ABLE CATTLE COMPANY FOR THE NORTHSIDE LEASE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 48-99 be passed. Motion seconded by Councilor Thompson. A correction was noted in paragraph VI of the lease. The last word in this paragraph "Lessee" will be changed to "City". Motion carried by the following vote. 445 Item 12c continued Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None RESOLUTION NO. 49-99 RESOLUTION TO AWARD BID FOR GRAZING LEASE AT LAKE KICKAPOO TO LES WACHSMAN FOR THE SOUTHSIDE LEASE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 49-99 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12d Moved by Councilor Johnston that the bid for the purchase of two (2) each heavy duty transit buses be awarded to Lassetter Bus & Mobility in the amount of$355,052.00. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and =, Beaty Nays: None Item 13a Councilor Thompson mentioned a Michael Jackson song that says "I can never say goodbye", and he quoted Shakespeare's words, "All the world is a stage and we are merely players, we have our entrances and our exits". It is about time for us to exit stage right. In the book of Ecclesiastes it says that everything has an ending, and we have just about come to that point where we say this is the end of a long term service on the City Council. I hope that the Council will continue to work with the Staff. We have a fine Staff and I will miss the members of the Staff and the members of the Council for their wisdom and their support. I hope Council will continue to work close together and be harmonious in your relationship one with another. Try to hold our citizens together and not let them become divided over issues that seem to be minor and of little significance. He mentioned the Council's wisdom and gave as an example the library books issue of raising the level of number of people that would have to read and sign a petition so that it would not easily be done. I pray that the Council members would not be stampeded one way or another and will go down the middle because most of the citizens of Wichita Falls are good common sense people who don't want to be stampeded. I pray that we will continue for the good and for the benefit of the citizens and keep their interest paramount. Often it is easy to look at the special interest groups and get side tracked and look at what they want. Our citizens deserve the best the Council can give and we should look out for them and protect them. I thank you for your kindness, your indulgence and your support. I think all of us together working and laboring, to some small degree, have made this a better City in which to live. I am glad to have been on the fringes and played a small part as a cheerleader, and as I leave and go across the street I will continue that role. Councilor Johnston stated that the past four years have been an exciting and rewarding time. I have seen this City do some very positive things and am glad I have been a part of it. I have come to appreciate the Staff we have here more than when I came on the Council. I think we have some good people here. I look at the future and see that there are a lot of positive things coming up that I would like to be in there to do such as MPEC, the drainage projects 446 Item 13a continued and all the things we are working on to make this City a better place. We have a lot of good things going on for the City. I would like to thank the people who helped me, especially Ron Lane at Certainteed who allowed me to take time off to take this task on. I would like to thank my wife who has been a great help to me. He thanked the voters who voted for and against him because we need people on both sides of every issue. Those who supported me and those who did not support me gave me input and direction and helped me to look at the broader picture of everything we voted on in the Council. He concluded by saying that he thought everybody in the City owed the volunteers in this City a tremendous vote of thanks. I have seen so many people give time, money, and effort and take time away from their family to do things for this City and the people in this City. It amazes me how much gets done by the volunteers in this community. I have enjoyed working with each one of you and look forward to a very positive, bright future for the City of Wichita Falls. Councilor Beaty stated that it had been an honor and a privilege to serve along Councilors Thompson and Johnston. They are good and honorable men and I have learned a lot from them. He thanked them for their help this past year. The City owes them a great deal of gratitude for all their hard work. Councilor Altman mentioned a concern from some McNiel residents with regards to the last rains and the flooding that occurred. They said that the problem was not so much with the flood waters but the traffic going down McNiel and the wake that is pushing the water inside their homes. He asked if there was any way to reduce that. Mr. George Bonnett replied that anytime we get a flooding problem wherein there is a water surface very close to an entry elevation, traffic always creates a wave and I know of no way to overcome that. If the magical ability was there to instantly barricade every street that floods we might be able to address it, but then we are removing the access that the public has the right to get to and from their home. The very people that are creating the problem are the same ones that are trying to get to their property. I do not know how you could ever address that. The street is barricaded when there is a threat to health, safety and welfare to the people who will be traversing the street. Councilor Altman said during his year on the Council he has immensely enjoyed serving with Councilors Thompson and Johnston. Their different backgrounds have brought different perspectives to the Council which have been a tremendous benefit. I found it quite interesting when Councilor Thompson mentioned a stage and Shakespeare and Councilor Johnston mentioned the academy awards and in my opinion both of you, based on my experience during this past year, deserve an Oscar for your work for the City. Councilor Burns expressed appreciation for the wellness flier put out by Jan Stricklin and Gail Garmon. Councilor Burns echoed the cheers for Councilors Thompson and Johnston's service to the City. It has been a privilege to get to know Councilor Thompson and partake of his wisdom. He told a story about Councilor Johnston and said that he had noticed that in the past couple of years Councilor Johnston has become a little less reticent to be in front of the cameras and he does a very nice job. It has been a pleasure to have worked with both Councilors Thompson and Johnston. Councilor Shine thanked Councilors Thompson and Johnston for their service to the City these past years. I enjoyed meeting Councilor Thompson and the time has been very enjoyable. I respect both of you and you will be missed. The way you volunteer I assume you will be back to serve on a committee of some sort. Mayor congratulated and thanked all City employees who participated in the Red Cross Blood Drive. We had 126 employees who donated blood. Mayor mentioned the change of command at Sheppard Air Force Base and on behalf of the Council and citizens we bid a bond farewell to General Bergren and welcome General Kris Cook. Mayor remarked that Councilor Thompson has been very supportive of MPEC even before I came on the Council. He has been the mediator in many situations that the Council has faced and I will deeply miss his eloquence, his friendship, his support, and his mentoring. Councilor Johnston has been equally supportive and I know that it is a difficult time for both of you when you see some projects that both of you have been very keenly interested in and are not finished. From my perspective, a lot of those projects are at the top of the agenda and we look forward to your continued support. The Holt Hotel will at some time be completed and we welcome Councilor Thompson to be at the ground breaking. That will be moving along very soon as well as continued efforts on the east side and I know you will remain supportive of 447 Item 13a continued those. To both of you I express my appreciation and I am sure of the citizens of this community for your long service and dedication to the progress of Wichita Falls. Item13b City Manager reported that the discussion of the proposed power generating plant to be located on FM1954 is still in negotiations. We hope to bring back to the Council an agreement in the near future of how they will use City water and some other considerations such as non- annexation, waste water, etc. City Manager expressed appreciation to Councilors Thompson and Johnston and said that he was confident that the other five Council members will find a way to put them back to work probably in short order so that we do not lose sight of them, Councilor Thompson has been here just a little short of the time I have been here. It has always been a pleasure to try to read Councilor Thompson's mind and to usually find out how wrong I am, but how well he expresses himself. I have referred to him as the conscience of the Council and I think he has been that and remains that. Councilor Johnston has been a tremendous help not only to me but to the staff. The staff and I have relied on him for assistance for those four years. You have been on so many of the committees that springboard the projects, well beyond your role as Council and that is what makes this City great. It takes a unity to do it but it also takes a lot of individual work. You have been very helpful to us in many areas other than the general administration of the City. Both of you are going to be missed a lot by the Staff. Some day you both will retire and you will look back and reflect on what you have done, and I hope that a big part of that reflection is what you have done for this City. If you choose to stay here in this City you will always be remembered as people who made a difference. These twelve and four years have been very significant in the development of this City and I do not think it would have happened without you. Thank you very very much from the Staff. A Storm Water Report was presented by Mr. George Bonnett. A copy of this report is attached hereto as Exhibit A. The City Council adjourned at 12:16 p.m. A work session was held by City Council to receive and consider recommendations from the Charter Review Commission concerning possible revisions to the City Charter. Worksession adjourned at 2:47 p.m. PASSED AND APPROVED this day of �y. 1999. KA/THRYN A. Y AGE MAYO ATTEST: (^ Lydia Torres City Clerk STORM WATER REPORT CITY COUNCIL COMMITTEE KAY YEAGER, MAYOR DON JOHNSTON, COUNCILMAN AT-LARGE DAN SHINE, COUNCILOR I. INTRODUCTION The City of Wichita Falls is a community of approxim �.. •,�/. arid area characterized by prolonged dry intervals, pui9► . which historically have caused flooding within the cc RECEIVED IN City of Wichita Falls has been fairly constant since thf CI 6► LLF-RK'8 OFFICE expanded dramatically, generally to the south and Date _1;2_1 9 characterized by new residential subdivisions expar RV Time with a corresponding reduction in density and structL - ------ the City. During this rapid expansion in area, commitment to "affordable housing" which limited the in storm water facilities. A natural tension exist affordable housing and the desire to address existinc new flooding problems from. being created, by new developing areas. As development expanded, dominant (higher) property problems of subservient (lower) property. As the city E repeated with increasing storm flow being placed on si was aggravated by lack of capacity in the major rec Creek, McGrath Creek, and Plum Creek. While the records indicate continued concern am( historically unsuccessful in mobilizing itself to ad( meaningful fashion. �� 11. PROGRESS �--� In 1986 the City of Wichita Falls, in conjunction with t -- -- located throughout the United States, was successf , Public Law 99-662 which provided a funding vehicle Creek. A bond issue was overwhelmingly approve "`'� provided foi C J ! cl cI $12,000,000 required local match which p ) Holliday Creek and the modification of the Lake Wic control a 100-year event. The Holliday Creek fai compatibility with the required McGrath Creek flows tc would be workable. This was accomplished by taking concentrations of the respective drainage basins to e McGrath Creek would clear prior to the event arriving while designing the channel to match the storm flows f City Council Meeting EXHIBIT A April 20, 1999 STORM WATER REPORT CITY COUNCIL COMMITTEE KAY YEAGER, MAYOR DON JOHNSTON, COUNCILMAN AT-LARGE DAN SHINE, COUNCILOR I. INTRODUCTION The City of Wichita Falls is a community of approximately 100,000, located in a semi- arid area characterized by prolonged dry intervals, punctuated by intense rainfall events which historically have caused flooding within the community. The population of the City of Wichita Falls has been fairly constant since the 60's, but the area of the city has expanded dramatically, generally to the south and west. The expansion has been characterized by new residential subdivisions expanding in concentric rings outward with a corresponding reduction in density and structure abandonment in the interior of the City. During this rapid expansion in area, there was a strong community commitment to "affordable housing" which limited the developmental capital investment in storm water facilities. A natural tension existed between the commitment to affordable housing and the desire to address existing flooding problems, or to prevent new flooding problems frot; being created, by new developing areas. As development expanded, dominant (higher) property tended to aggravate the flooding problems of subservient (lower) property. As the city expanded, the cycle tended to be repeated with increasing storm flow being placed on subservient property. The problem was aggravated by lack of capacity in the major receiving streams such as Holliday Creek, McGrath Creek, and Plum Creek. While the records indicate continued concern among the citizenry, the City was historically unsuccessful in mobilizing itself to address storm water issues in a meaningful fashion. II. PROGRESS In 1986 the City of Wichita Falls, in conjunction with thirteen other political subdivisions located throughout the United States, was successful in pushing through Congress, Public Law 99-662 which provided a funding vehicle for Holliday Creek and McGrath Creek. A bond issue was overwhelmingly approved by the citizenry providing the $12,000,000 required local match which provided for the widening and deepening of Holliday Creek and the modification of the Lake Wichita dam and outlet structure to control a 100-year event. The Holliday Creek facility was designed carefully for compatibility with the required McGrath Creek flows to ensure that the finished product would be workable. This was accomplished by taking into account the differing times of concentrations of the respective drainage basins to ensure that a 100-year event from McGrath Creek would clear prior to the event arriving through the Lake Wichita system, while designing the channel to match the storm flows from both basins. City Council Meeting EXHIBIT A April 20, 1999 to 1986, the City Council requested that Staff draft a Storm Water Detention Ordinance which would address the increased runoff caused by new construction or redevelopment. This ordinance experienced a difficult path to passage due to opposition from the developmental community. The ordinance was passed in 1988 in a form that only required controlling a 100-year event, in 1992, even that requirement was suspended for several months for residential development. In 1997 the Council reconsidered the ordinance and adopted an ordinance which provides a "zero change in runoff' under all storm events. This ordinance is currently in effect and is successfully minimizing stormwater problems for subservient property from new development and redevelopment of existing properties. III. CAPITAL IMPROVEMENTS RELATED TO FLOODING Attachment I shows the storm water improvements which have been funded from a variety of sources and constructed during the past 15 years. Of significant note, Holliday Creek was completed in 1997 and has provided a channel through the heart of the community which has the capacity to receive a 100-year event without damaging adjacent properties. McGrath Creek was completed in 1998 and has provided significant flooding relief from Sikes Lake to Holliday Creek. The Plum Creek reservoir is currently under construction with completion anticipated in the year 2000. This project will minimize new channel requirements downstream of Airport Drive as Plum Creek flows towards the Big Wichita River. Care must be taken to ensure that new projects are developed in a thoughtful and orderly manner to ensure that flooding problems will not be caused downstream of a drainage project. It is pertinent to note that inadvertent water storage in a flooded area, is frequently the subservient properties accidental storm water detention. Conveyance or capacity in the downstream channels must be available as we address the storm water needs of the community. IV. ADDITIONAL STORM WATER NEEDS Attachment II is an index of requested capital improvement projects related to storm water drainage which, as of yet, have remained unfunded. These fifty-five projects represent a capital need of approximately $35,000,000. This list was compiled by tracking requests from the City Council, citizen groups, or individuals who have brought forward concerns regarding flooding. It is pertinent to note that each new flooding event adds to this list as new issues are brought to Staffs attention. Some caution should be exercised in reviewing the estimated costs, as they are based on preliminary engineering without benefit of surveying or utility analysis. While some costs may be high and others low, Staff believes that generally the costs are sufficient to review funding options. ter..-„o.,......x� _;:au _.. -•-+oraa,.ye+.+:a,.,ti-, ,.,.:...: - �_,ws:�':Ld.? i primary task which the Committee of Council addressed was to devise a storm water project rating sheet which would enable the priority ranking of projects in a fair and equitable basis. After several reviews, the attached storm water project rating sheet (See Attachment III) has been developed and accepted by the Committee of Council. The predominant thrust of the rating system is to protect the safety and welfare of the community by preventing flooding of habitable structures, while at the same time trying to avoid aggravating downstream problems. V. FUNDING SOURCES The Committee of Council has reviewed a spectrum of funding sources and believes that a dedicated, consistent funding vehicle must be developed if we are to make progress on the backlog of needed projects. Staff has recommended that a target rate of construction of approximately $1,500,000 per year could be sustained by the community without creating undue disruption to the lifestyle of our citizens. One vehicle for generating such a dedicated funding rate would be a drainage utility district as authorized by Chapter 402 of the Local Government Code. Several cities have adopted storm water drainage utilities including Abilene, Arlington, Austin, Ft. Worth, Garland, Grand Prairie, Grapevine, Irving, and Lubbock. Typically, a standard residential monthly rate is added onto the utility bill and commercial property is assessed an equivalent residential charge based upon each commercial properties impervious area. This technique requires a significant amount of effort to develop the equivalent residential unit assignment, as each commercial area must be measured to determine the square footage of impervious area. Residential equivalent unit charges vary from $.50 per month to $4.00 per month. Attachment IV shows a survey of storm water drainage fees which various cities have adopted. Attachment V, is a memorandum from the City Attorney dated December 9, 1998 which encloses a variety of ordinances which have been adopted by cities in Texas. VI. SUMMARY It is the finding of the committee that a dedicated, consistent funding source must be developed if the City is to address our storm water needs in a meaningful way. The storm water utility district provides a vehicle to address our present capital needs in a systematic manner, and can be used to address upcoming federal mandates for Phase II Permitting and maintenance which will be upon us in 2002. While any increase in charges to our citizens should be reviewed in a thoughtful manner, the committee recommends that the City Council direct the staff to prepare a Storm Water Utility Ordinance for consideration along with a proposed time frame for implementation. j STORM WATER PROJECTS CITY OF WICHITA FALLS Date Project Local Cost 1985 Scottsdale Drainage Modification $71,360 1987 Kingston Jamaica Drainage Imp. $438,506 1988 Bert-Southmoor Drainage Imp. $189,730 1990 Hamilton St. Drainage Imp. $105,546 1992 N.E. Drive Drainage Imp. $31,795 1992 Tanglewood Drainage Imp. $52,785 1992 Edgewood Drainage Imp. $12,893 1994 C.C. Subdivision Drainage Project $383,128 1994 Williams St. Drainage Project $27,656 i 1995 MPEC Storm Sewer Relocation $405,947 j 1996 Holliday Creek Imp. ($49,200,000) $12,300,000 I j 1997 Travis St. Drainage Project $41,290 I 1998 McGrath Creek Imp. $3,380,000 ($13,520,000) 1999 Plum Creek Project $975,000 ($3,900,000) Total 18,415,636 I i III i i i INDEX 04/14/99 DRAINAGE CAPITAL IMPROVEMENT PROGRAM ADRIAN AVE DRAINAGE PROJECT 220, 000 ( Adrian & Tampico) ALLEN ROAD DRAINAGE PROJECT 286, 000 ( Between McGrath & Richard South of Seymour) APACHE TRAIL/SISK ROAD DRAINAGE PROJECT 262, 000 ( Geronimo/Apache Trail to Railroad) ARMORY ROAD DRAINAGE PROJECT 148, 000 ( Armory to Central Frway; So of Jacksboro) AUSTIN STREET STORM SEWER RPL PROJECT, PHASES I & II 636, 859 ( 3rd to 7th ) AUSTIN STREET STORM SEWER RPL PROJECT, PHASE III 587, 830 ( 7th to Broad) BERT/SOUTHMOOR DRAINAGE PROJECT 362, 000 ( Brenda Hursh to Southmoor) BEST BLVD DRAINAGE PROJECT 385, 000 ( Windthorst to Gilbert) BRENDA HURSH ENHANCEMENT PROJECT 1,762, 500 ( Holliday Creek to Weeks Street ) BRIARGATE DRAINAGE RECONSTRUCTION PROJECT, PHASE I 310, 000 (Misty Valley to Barnett Rd) BRIARGATE DRAINAGE RECONSTRUCTION PROJECT, PHASE II 372, 500 ( Misty Valley to Railroad) BRIDWELL DRAINAGE RECONSTRUCTION PROJECT 251, 000 ( Kell to Speedway) BRISTOL/NORMANDY DRAINAGE PROJECT; Alt # 1 107, 000 Alt # 2 658, 000 Alt # 3 1, 490, 000 ( Normandy St to Holliday Creek) BURKBURNETT/LINCOLN DRAINAGE PROJECT 72, 000 ( North Lincoln to Wichita River) CAMPFIRE/SALVATION ARMY DRAINAGE PROJECT 338,000 ( Seymour to Wichita River) CHEROKEE STREET DRAINAGE PROJECT 81, 500 (Cherokee to Hamilton) COLONIAL PARK DRAINAGE PROJECT 770, 000 ( Taft to Weeks Park Lane) COVINGTON TRAIL DRAINAGE PROJECT 142, 000 ( Ruidosa to Covington) DUNCAN STREET PUMP STATION 440, 000 ( Duncan Street @ Wichita River) EAST LYNWOOD DRAINAGE PROJECT 20, 000 ( Roanoke to Sumner) ECHO/NETA LANE DRAINAGE PROJECT 372, 000 ( Jacksboro to Neta) EDENS STORM SEWER OUTLET PROJECT 15, 000 ( Edens Lane @ Old RR ROW) FAITH VILLAGE STORM WATER MANAGEMENT PROJECT 3, 345,250 ( Kemp to McNeil ) HAMILTON DRAINAGE IMPROVEMENT PROJECT 297,200 ( Hamilton to Avondale) HILLCREST DRAINAGE PROJECT 425, 000 ( Armory to 31st & Travis) HIRSCHI HIGH SCHOOL DRAINAGE PROJECT 350,000 ( Ridgeway to Hirschi) KELL BLVD DRAINAGE PROJECT 570, 000 ( McNiel to Chelsea) KEMP BLVD DRAINAGE PROJECT 192, 500 ( Maplewood to Kell) KEMP/MONROE DRAINAGE PROJECT 2,002, 000 ( Monroe to Kemp) 1 l LAKE PARK DRIVE DRAINAGE PROJECT 33, 000 ( Lake Pk Dr @ Wilson House) LAKE WICHITA ADDN DRAINAGE PROJECT 86, 000 ( Behind 4715 Fairway) LIKINS CIRCLE DRAINAGE PROJECT 192, 600 ( From 4715 Fairway to Likins Circle) LINDSAY/9th ST DRAINAGE OUTFALL 498, 000 ( loth & Beverly to Wichita River) LOCH LOMOND CREEK DRAINAGE PROJECT 2, 180, 000 ( Rathgeber to Holliday Creek) LONGVIEW DRAINAGE PROJECT 92, 000 ( Longview & Mustang to Plumb Creek) MCNIEL AVE DRAINAGE PROJECT 1, 328, 000 ( Southwest parkway to Blanton) MORGAN LANE DRAINAGE PROJECT 1, 660, 000 ( Denver Tank to Wichita River) OLD IOWA PARK/INDUSTRIAL BLVD DRAINAGE PROJECT 1, 199, 000 ( Tunnel from Wichita River to Iowa Pk Rd) PEARLIE DRIVE DRAINAGE PROJECT 68, 300 ( Pearlie to SH 240) PEBBLESTONE DRAINAGE PROJECT 22, 580 ( Pebblestone @ Sandcastle ) PERRIGO STREET DRAINAGE PROJECT 75, 000 ( Rowland to Berry Lane) PLUM CREEK; EAST BRANCH IMPROVEMENT 2, 565, 000 ( Sheppard Access Rd to Wichita River) PLUM CREEK DETENTION PROJECT 3, 030, 000 ( North of 287) ( Lcl Match est @ 860, 000) PLUM CREEK; UPPER DRAINAGE PROJECT 317, 000 ( 287 North to Irrigation Canal) A114e. »rn�� PRINCETON/ODIN STREET DRAINAGE PROJECT 59,000 QUAIL CREEK DRAINAGE PROJECT 2,278, 000 ( Midwestern to McNiel) RHEA ROAD DRAINAGE PROJECT 133, 000 ( James to Baptist Church) SELMA DRIVE DRAINAGE PROJECT 140, 000 ( Missile Road North to Pond) SEYMOUR /BARNETT ROAD DRAINAGE PROJECT 450,000 ( From Seymour North to Barnett ) SINCLAR DRAINAGE PROJECT 394, 000 ( FM 171 to Burkburnett Road) SEYMOUR HIGHWAY DRAINAGE PROJECT 137, 350 ( Seymour to Inwood) SPANISH TRACE DRAINAGE PROJECT 701, 000 ( Johnson Road to Fairway) 197, 000 TERRAL STREET DRAINAGE PROJECT 194,000 ( Central Freeway to Holliday Creek) WINDTHORST ROAD DRAINAGE PROJECT 305, 000 ( Windthorst of Holliday Creek) YMCA DRAINAGE PROJECT 233, 500 i ( Edgecliff to Bartley) i i i it I AdLH MIgT _Lim �re,.�,.�sr`s�#tn�� xmrs_,;s�tA.u�l�,t=",."`. .' :'ui'�i `'•«.a s���ia�v$.+� ''`csr..amr.�dm.:�.it u•�f'dis�'L4 +��.51f3�, e�.'�ca,'. -- .'Sbt-- - --- " Rev B STORMWATER PROJECT RATING SHEET PROJECT: Number of Events Per 10 Years 20 10 5 2 1 Score # "x" 100 75 50 30 20 I. Habitable 1-5 1.0 Structures 5-10 1.3 Flood 10-20 1.6 20+ 2.0 # "x" 20 16 10 6 4 II. Non-Habitable 1-5 1.0 Structures 5-10 1.3 Flood 10-20 1.6 20+ 2.0 III. Project Will Address Erosion/Maintenance and/or 10 8 6 4 2 Aesthetic Concern _ IV. Threat to Existing 16 12 10 8 6 Infrastructure V. Street/Driveway 4 3 2 1 0 Floods to AADT "x" Depth of 0-500 0.5 8" or more 501-1000 0.75 1001-5000 1.0 5001-10,000 2.0 10,000 3.0 VI. Proximity To Dist "x" 5 5 5 5 5 Receiving 0-500' 2.0 Stream 501'-2000' 1.5 >2000 1.0 VII. Impact on Upstream 10 8 6 4 2 Area 5.:� Lss Sheetl SURVEY OF STORMWATER DRAINAGE FEES CITY SINGLE FAMILY RESIDENTIAL RESIDENTIAL MONTHLY RATE CLASSIFICATION ABILENE ALL $0.50 ALLEN ALL $2.75 ARLINGTON ALL $1.3 0 AUSTIN ALL $3.82 DALLAS 0 - 5,000 SF $1.65 5,000 - 10,000 $2.65 10,001 - 2100 $3.85 211801 - 43,600 $6.75 > 43,600 SF $13.00 FT WORTH ALL $3.50 GARLAND 0 - 7,000 SF $1.20 7,001 - 10,000 $2.40 >101000 SF $3.60 GRAND PRAIRIE 0 - 1,000 SF $1.00 1,000 - 25500 $2.00 > 2,501 SF $3.00 GRAPEVINE ALL $4.00 IRVING ALL $1.18 LUBBOCK ALL $1.71 MESQUITE ALL $3.00 N RICHLAND HILLS 0 - 4,999 SF $3.42 >5,000 SF $2.58 .� PLANO 0 - 15749 SF $1.50 1,750 - 3,450 $2.00 > 3,450 SF $2.75 SAN ANTONIO 0- 45999 SF $1.50 >5,000 SF $1.99 Page 1 ADMINISTRATION CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: Mayor and Members of the City Counc' FROM: Gregory D. Humbach, City Attorney SUBJECT: Drainage Utility Districts DATE: December 9, 1998 It is my understanding that a worksession is going to be scheduled for January 5 to continue the discussion of addressing drainage problems within the City and further consider the establishing of a drainage utility district, as authorized by Chapter 402 of the LOCAL GOVERNMENT CODE. Attached are ordinances from the cities of Grapevine, Arlington, and Lubbock, which established drainage charges as part of the water and sewer bill as a method of funding these improvements. The most comprehensive, and I think clearly the best, is the one provided by the City of Grapevine. After some discussion by the staff and tweaking by the Council, I believe we can come up with an appropriate ordinance for the Council to consider rather quickly, if that is the direction in which you wish to proceed. One issue the Council will want to discuss is what the assessment will be and what methodology will be used for establishing it. As you can see, there is more than one way of looking at this issue. If I may provide you further information on this issue before our first meeting in January, please contact me at your convenience. GDH/lm Attachments xc: Jim Berzina, City Manager V George Bonnett, Director of Public Works 12%"01i98 12:17 GRHPEV!NE CITY SECRE'FPR`f'S OFC 919407617626 NO.126 D01 + �r ORDINANCE NO, 97-101 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 ail 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 systwL 12-01%98 12=17 GFAPEJ I tiE C I T'r' SEC?ETAFY'S OFC 91(3407617626 NO.126 IP02 a 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 Sot 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 (i) 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. 47-101 2 46. urNrt'%ir45 t I T .' SECRETAR`r"S OFC � 919407617626 N0.126 903 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 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 aU properties on the basis of a single-family living unit equivalent (SFWE). ORD. NO. 97-101 3 eel.,Ltd 1 Z.1Y GHHHE )I riE C I r',' SECRETRpy,,S OFC y 9 1 9-1076 1 7626 rC.126 W4 A SFLUE is defined as a residential(at with a 0.50 impervious cover or runoff factor- (SDUS factor), with 3.4 residentiai 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 SOUS 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: 1. For single-family residential, condominiums and townhome _ classiflcatians: • $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 tee 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. 97-101 4 _ 12• U11-yet 12:17 C"'FWE)P E C I T'i' SECRETPP.y'S OFC 919407617626 No.1?6 D©S 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 shall 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 wiil 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 that have stormwater drainage management properties 9 9 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 Pubric Works Director and must contain the engineering justification ORD. NO j3`1�181 5 j ��..,�y�_ -� `��—'"�st�x' - wxr .+',3 + . - _ _.,aea,.�aa + �"as.r ri.5.��. ;'ir``.; ,;»-•' 1 01:`98 12: 17 6PAPEU I t IE C I T'l SECRETAPY'S QFC 9194676176?6 1`40.126 D06 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 shah file a written monthly activity and status report with the City Council conceming this subsection. B. The City of Grapevine shall exempt the following categories of utility customers from receiving a drainage charge. i. 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 tot 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. 8. There will be no separate deposit required. ORD. NO. 97-101 6 - 12: Ui. 'JU 1 •1' l3i Hr I'tE C I T r Sc�RETf iR'i"S p�6 s 919407617626 1`40.126 90 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 bill. D. The City of Grapevine shall identify and separate ail 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 Z(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 tc handle the bilfing 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, shalt 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. i 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_ 47-101 3 12/01/98 12:17 GPi-+PEO I NE C I TY SECP.ETAPY'S OFC 919407617626 NO.126 D08 APPROVED: William D. Tate Mayor ATTEST: t i i inda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney t f ORO. NO. 97-101 Q ar _ Document - Folio Infobase Page 1 of 2 EFAIMIa. Contents - - CODE OF ORDINANCES Crty of LUBBb�K, TEXAS Comic ified tFiroegh Or .No. 10 7 opted— June 25, 1998. (Supplement No. 40) PART II CODE OF ORDINANCES Chapter 28 WATER AND SEWERS* .=_,,pr _--=. eviotts ------------ -- - -- ARTICLE VI.MUNICIPAL DRAINAGE UTILITY Sec. 28-200. City Council findings. The City Council of the City of Lubbock has found and does find that: (1) The City of Lubbock will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under Chapter 402 of the Local Government Code; (2) The City of Lubbock will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Chapter 402 of the Local Government Code; and (3) The City of Lubbock will offer drainage service on nondiscriminatory, reasonable and equitable terms. (4) As it relates to the requirements of section 402.053 of the Local Government Code,the issuance of a "certificate of occupancy" for residential structures in the city shall be defined as the installation of the initial tie-in to water or waste water service for the residential parcel. (Ord.No. 9634, § 1, 8-26-93) Sec. 28-201. Adoption of state law; creation of utility. The provisions of Subchapter C of Chapter 402 of the Local Government Code are hereby adopted by the City of Lubbock. The city shall have full authority to operate a municipal drainage utility system pursuant to Subchapter C, Chapter 402, Local Government Code; Article 11, Section 5, of the Texas Constitution; and the Charter of the City of Lubbock. The drainage of the city is hereby declared to be a public utility. (Ord. No. 9634, § 1, 8-26-93) Sec. 28-202. Deposit not required. The City of Lubbock shall not require a deposit for drainage charges as a precondition to accepting surface flow into the drainage system. (Ord. No. 9634, § 1, 8-26-93) i Sec. 28-203. Billing; delinquent charges. All billings, credits, exemptions and other procedures, including penalties for delinquent payments, shall be as specified in Subchapter C of Chapter 402, Local Government Code. In addition, such penalties and procedures for collection as are used for other utility billings by the city,where not in „ IAQ n n ni9 12/4/98 Document - Folio Infobase Page 2 of 2 conflict with Subchapter C of Chapter 402, Local Government Code, are hereby adopted for use as rules of the municipal drainage utility. (Ord.No. 9634, § 1, 8-26-93) Sec. 28-204. Schedule of drainage charges. Drainage charges shall be in accordance with a schedule of charges adopted by resolution of the City Council following a public hearing as required by section 402.045 of the Local Government Code. Said resolution shall be placed on file at the office of the city secretary following passage and made available upon request to the public. Such charges may be changed, adjusted or readjusted by City Council resolution as required and a current copy of such drainage charges shall be kept available at the office of the city secretary. (Ord. No. 9634, § 1, 8-26-93) next... i..._..ii......... */doc/f 11369.0.0.01? 12/4/98 Document - Folio Infobase Page 1 of 6 ■.. Contents. -,Query.: PreHous� .Neat Help CODE OF 0RDINANCES City of LUB80CK, TEXAS Codifie�t I i—Fo--ugh Ord. No. 10V76, a opte June 25, 1998. (Supplement No. 40) PART II CODE OF ORDINANCES Chapter 28 WATER AND SEWERS* ARTICLE VI. MUNICIPAL DRAINAGE UTILITY ._.previous — ---- — Sec. 28-205. Appeals. 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 Lubbock. 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 municipal drainage utility fee. (2) Any owner of nonresidential property who can offer proof that an error was made with regard to the category of land development, the percent 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. Any landowner who disagrees with the decision of the city engineer or his designee may appeal such decision to the city permit and license appeal board in accordance with the provisions of chapter 2 of the Code of Ordinances of the City of Lubbock. A decision of the permit and license appeal board shall be final. (Ord. No. 9634, § 1, 8-26-93) Sec. 28-206. Injunction; penalty. Any violation of this article may be enjoined by a civil proceeding filed in the name of the City of Lubbock in a court of competent jurisdiction in addition to such violation being a Class C misdemeanor punishable by a fine not exceeding such amount as is provided by the general laws of the state of Texas for such offenses. (Ord. No. 9634, § 1, 8-26-93) Chapter 29 ZONING" *Editor's note--For the convenience of the users of this Code, the zoning ordinance is included in this chapter. No textual changes have been made. The adoption of the Code did not affect the zoning ordinance. For the purpose of placing the ordinance in a chapter format, the Code format for designating sections and subdivisions of sections has been followed. Material in brackets has been added by the editor for purposes of clarity. References to the "building inspector" mean "building official." Prior to enactment of Ord. No. 7084, the zoning ordinance was Ord.No. 1695, enacted on April 6, 1955, as amended by the following ordinances: " Published AN 03/13 & 20/94 �,r . ORDINANCE NO. 94-53 AN ORDINANCE AMENDING THE "WATER AND SEWER10 CHAPTER OF THE CODE OF THE CITY OF ARLINGTON, TEXAS, 1987, THROUGH THE AMENDMENT OF ARTICLE III, ENTITLED CHARGES FOR WATER AND SEWER SERVICE, BY THE AMENDMENT OF SECTION 3.05, STORMWA- TER UTILITY CHARGES, TO REVISE MONTHLY DRAINAGE UTILITY RATES; PROVIDING FOR A FINE OF UP TO $500 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERN- MENTAL IMMUNITY; PROVIDING FOR INJUNC- TIONS; PROVIDING FOR PUBLICATION AND BE- COMING EFFECTIVE ON OCTOBER 11 1994 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That the "Water and Sewer" Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Article III thereof, entitled Charges For Water and Sewer Service, by the amendment of Section 3.05, Stormwater Utility Charges, so that hereafter said section shall be and read as follows: Section 3.05 Stormwater Utility Charges A. There shall be a charge on each monthly utility state- I ment for the Municipal Drainage Utility System. The Director of Utilities is authorized to collect such charges in a manner consistent with the "Water and Sewer" Chapter, the City Charter and State law. The drainage fee will be a separate line item on the util- ity statement and shall be clearly identified as a sep- arate charge. B. The following rates per month are hereby established: (1) Residential Accounts Each separately metered $1.30 per account residential account TA 'A RA1QRGb1 1R *(14 YU4 9Z: I I GM 86-Z -03C Apartment, duplex and $.65 per residential other multi-family unit structures with res- idential units which are not separately metered (2) Nonreaidontial Accounts The rates shall be calculated according to the to- tal square footage of impervious area per nonresi- dential property and apportioned among the account holders owning, using or occupying such property; if there are no water accounts for such property, the rate will be apportioned among the owners. Impervious Area Effective October 1. 1994 (in square feet) 0 - 10,000 6.50 10, 001 - 50,000 13.00 50,001 - 100,000 19.50 100,001 - 200,000 39.00 200,001 - 350,000 78.00 350,001 - 700,000 130. 00 700,001 - 1,000,000 260.00 Over - 1,000,000 390.00 C. Except as otherwise provided by this section, billing, charges and collection procedures shall be consistent with that of the water and sewer services. D. Drainage charges shall be identified separately on the utility billing. Billing shall be consistent with V.T.C.A. , Local Government Code, Section 402 . 048. E. Delinquent charges shall be collected in a manner con- sistent with V.T.C.A. , Local Government Code, Section 402.050. F. The City may grant exemptions from the drainage charge, pursuant to V.T.C.A. , Local Government Code, Section 402 .053. (2) 0OTOQCh) to 'nkf VWJ IMHI7Mngq A I In )7:1I nqm 98-2 -�3Q 2 . Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Five Hundred Dollars and No Cants ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. i This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provi- sions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase E f of this ordinance is for any reason held to be unconstitu- tional, such holding shall not affect the validity of the { remaining portions of this ordinance. 4 S. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, ' safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability .for any dam- age that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addi- (3) ..� . eo T neca,I 10 In►I vu J 1 vu 1 7Ln]C 1 1 T n 1 7, T T n7M AR-7. -0ad tion to any penal provision in this ordinance or in the Code of the City of Arlington. 7. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, in compliance with the provisions of Ar- ticle VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be ad- missible in such form in any court, as provided by law. 8. This ordinance shall become effective on October 1, 1994. PRESENTED AND GIVEN FIRST READING on the 1st day of March , 1994, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the 8th day of March , 1994, by a vote of 9 ayes and 0 nays at a regular meeting of the City Council of the City of Arlington, Texas. RICHARD E. GREENE, Mayor ATTEST: CINDY VKMP, Ci 'li..Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney i �4) : Ap, I ,'. -^IT tit T I` 'w 1 U I 7C 1 I T I1 17.T T (Tam QA-7 -tan staff 1Reportt t©- Mayor. and. City Council oats: Reference No. Su bleat: Page. 03/09/94 94-A-194 Drainage Utifity Rate Increase 1 of 1 BACKGROUND At the regular Council meeting on March 1, 1994, the Council approved on First Reading an ordinance amendment which would increase the current drainage utility rates to provide additional funding to comply with the Environmental Protection Agency (EPA) Stormwater Quality requirements. The ordinance at that time included an effective date :. of April 1, 1994, The purpose of this report is to submit a revised ordinance amendment for Council's consideration on Second Reading with an effective date as directed by Council. DISCUSSION ' Because of delays by the EPA in issuing a National Pollutant Discharge elimination System Permit for the City, it has not yet been necessary to fully implement the proposed Stormwater Management Program. ' Since'it appears that the permit will be issued later this year, Council directed that the 'proposed rate increases become effective on October 1, 1994. RECOMMENDATOW Atfached is' a revised ordinance amendment for' Council's consideration on Second Reading of the riew drainage utility rate'structure with an effective date of October 1, 1994, To implement the federally' required EPA stormwater requirements and to maintain construction at an acceptable level similar to previous years, a rate, adjustment will be necessary. If there 'are'any questions, additional information concerning this matter may be obtained by contacting the Community Development/Engineering Division. ly..� OMoitieane Dimmm Heed: Fat AddfVon lJer�fowi"i on Cant; kCharles Clawson 45"SW � ome F, EwQn, P.E. 459-6552 Director of Community development Assistant Director of Comm Devel/Enp __ . . nn r nnnU l TM gnu vu I T UW 1•7UnZ0 11 T n 07- T T lT�M AR-7 -nqn ° a0 a Office of Street/Drainage Engineering P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2347 • Fax (806) 775-3074 December 3, 1998 Mr.Greg Humbach City Attorney City of Wichita Falls P.O.Box 1431 Wichita Falls,Texas 76307 Re: Ordinance and Resolution of Establishment of Stormwater Utility Dear Mr. Humbach: The Stormwater Utility was formally established under Resolution No. 4261, of which Ordinance No. 9634 amended the code of ordinances of the City of Lubbock. A copy of this resolution and ordinance is enclosed as you requested. If you require additional information,please contact Dan Ruland: (806)775-3160, FAX: (806)775-3074 or E-mail:drulandlcD-mail.ci.lubbock.tx.us. Sincerely, ffacj Marsha Reed, P.E. Stormwater Engineer MR:dr f�C�l - 1L.LViI :,V. I September 23, 1993 Item #24 1� RESOLUTION WHEREAS, a municipal drainage utility system has been established and declared to be a public utility by Ordinance No. _9634 , pursuant to authority granted to the City of Lubbock by its Charter, the Local Government Code and Article 11, Section 5 of the Texas Constitution; and WHEREAS, the City Council of the City of Lubbock is required to estab- lish rates to be collected for such utility through the City of Lubbock's utility collections pursuant to Section 402.048, Local Government Code; and WHEREAS, a public hearing has heretofore been conducted as required by law; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the formula and schedule of municipal drainage charges attached hereto as Exhibit A is hereby adopted and made a part of this Resolution as if fully copied herein in detail ; and THAT such charges as are hereby approved and adopted shall be billed to the user of the benefitted property along with the bill for other utility ser- vices provided to the property; and THAT such charges shall remain in full force and effect until such time as said fees shall be revised by further action of the City Council . Passed by the City Council this f3i er 1993. 1 ATTEST: &,,— I I C��L t y o nso , ,ty Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ,4 ' rry erte lty ngineer an lver, irst ssistant City Attorney DGV:Ss/DRAINSYS.RES D2-Agenda/June 1, 1993 i EXHIBIT A Attachment to Resolution establishing rates for the municipal Stormwater Utility for the City of Lubbock, Texas, as set by the City Council on September 23, 1993. SCHEDULE OF CHARGES (Interim Rates) Residential Property $ 1.71 per month per water meter Non-Residential Property $11.35 per month per water meter Separate residential sprinkler system water meters will not be billed a stormwater charge. During the interim rate period, apartments and duplexes will be billed at the residential rate on a per water meter basis. Exemptions from the utility charges are as follows: School District Property, State of Texas Property, Lubbock County Property, and City of Lubbock Property. The stormater billing will be sent to the names and addresses of the person or persons currently shown on the water meter billing. cirs[ Reading August 12, 1993 Item #12 Second Reading ' August 26, 1993 Item #6 i I ORDINANCE NO. 9634 AN ORDINANCE AMENDING CHAPTER 289 "WATER AND SEWERS,' OF THE CODE OFi ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE VI ? DECLARING A DRAINAGE UTILITY SYSTEM IN THE CITY OF LUBBOCK PURSUANT TO THE AUTHORITY GRANTED BY SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; ADOPTING SUBCHAPTER C OF CHAPTER 402 OF THE LOCAL GOVERNMENT CODE; PROVIDING ! FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVID- ING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City ofI Lubbock to establish a drainage utility system in order to meet newly estab- , lished federal permit requirements for drainage water quality; and J WHEREAS, prior to the adoption of this Ordinance, the City Council ' caused to be published in a newspaper of general circulation in the City of Lubbock a notice stating the time and place of a public hearing to consider this Ordinance, which notice contained the full text of the proposed Ordinance ] and which notice was published three times before the date of the public hear- ing on this proposes: ordinance with the first publication occurring on or before the 30th day before the date of such hearing; NOW THEREFORE: i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, isj hereby amended by adding a new Article, to be numbered Article VI, to Chapter ) 28, which said Article reads as follows: ARTICLE VI. MUNICIPAL DRAINAGE UTILITY i Sec. 28-200. City Council findings. The City Council of the City of Lubbock has found and does find that: a) the City of Lubbock will establish a schedule of drainage charges against all real property in the proposed service area subject to charges under Chapter 402 of the Local Government Code; b) the City of Lubbock will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Chap- ter 402 of the Local Government Code; and c) the City of Lubbock will offer drainage service on nondiscriminatory, reasonable and equitable terms. 1 i d) as it relates to the requirements of Section 402.053 of the Local Government Code, the issuance of a 'Certificate of Occupancy' for residential structures in the City of Lubbock shall be defined as the installation of the initial tie-in to water or waste water service for the resi- dential parcel . Sec. 28-201. Adoption of state law; creation of utility. The provisions of Subchapter C of Chapter 402 of the Local Government Code are hereby adopted by the City of Lubbock. The City of Lubbock shall have full authority to operate a municipal drainage utility system pursuant to Subchapter C, Chapter 402, Local Government Code; Article 11, Section 5, of the Texas Consti- tution; and the Charter of the City of Lubbock. The drainage of the City of Lubbock is hereby declared to be a public utility. Sec. 28-202. Deposit not required. The City of Lubbock shall not require a deposit for drainage charges as a precondition to accepting surface flow into the drainage system. Sec. 28-203. Billing; delinquent charges. All billings, credits, exemptions and other procedures, including penalties for delinquent payments, shall be as specified in Subchapter C of Chapter 402, Local Government Code. In addi- tion, such penalties and procedures for collection as are used for other utility billings by the City of Lubbock, where not in con- flict with Subchapter C of Chapter 402, Local Government Code, are hereby adopted for use as rules of the municipal drainage utility. j Sec. 28-204. Schedule of drainage charges. Drainage charges shall be in accordance with a schedule of charges adopted by Resolution of the City Council following a public hearing as required by Sec. 402.045 of the Local Government Code. Said Resolution shall be placed on file at the office of the City Secretary following passage and made available upon request to the public. Such charges may be changed, adjusted or readjusted b City Council Resolution as required and a current copy of such j ainage charges shall be kept available at the office of the City Secretary. a i - 2 - A Sec. 28-205. Appeals. 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 Lubbock. Certain other matters may be appealed to the City Engineer or his designee as follows: a) Residential property billing can be appealed when the owner can offer proof that the property is unimproved and therefore not subject to the municipal drainage utility fee. b) Any owner of non-residential property who can offer proof that an error was made with regard to the category of land development, the percent of imperiiousness of the land development or the site of the developed property can appeal such matters. c) 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 I owner. Any landowner who disagrees with the decision of the City Engineer or his designee may appeal such decision to the City Permit and License Appeal Board in accordance with the provisions of Chapter 2 of the Code of Ordinances of the: City of Lubbock. A decision of the Permit and License Appeal Board shall be final. Sec. 28-206. Injunction; penalty. Any- violation of this ordinance may be enjoined by a civil proceeding filed in the name of the City of Lubbock in a court of competent jurisdiction in addition to such violation being a Class C misdemeanor punishable by a fine not exceeding such amount as is provided by the general laws of the state of Texas for such offenses. ' SECTION 2. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any rea- son, the remainder of this Ordinance shall not be affected thereby. - 3 - j - SECTION 3. THAT, in addition to other legal publication requirements, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publica- tion provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 12th day of August , 1993. Passed by City Council on second re ding th 26 of August , 1993. OSTON, ATTEST: e �ohftoon, y Secretary APPROVED AS TO CONTENT: rry Hertey, City Enginedr APPROVED AS TO FORM: 1p 21, 1AWY]d G. an ver, FilmWAssfstant > City Attorney WT-.J.iACCMM.= 02-A&a Wrw. Jaly 7. IM - 4 - NOTICE OF MEETING Regular meeting of the Mayor and City Council of the City of Wichita Falls, Texas to be held in the City Council Chambers of the Memorial Auditorium on Tuesday, April 20, 1999 beginning at 8.30 a.m. City Council: Mayor Kay Yeager - Councilors Angus Thompson, Bud Beaty, William Altman, Don Johnston, Johnny Burns and Dan Shine 1 . Call to Order. 2. Invocation: Dr. Kenneth Warnock Church of Jesus Christ of Latter Day Saints 3. Presentations: 4. Comments from the public to members of the City Council on items which are not on the City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m, due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Award of Bids: a. Award Of Bid For The Purchase Of One (1) Each Front End Loader/Backhoe To Clarklift Of Wichita Falls, In The Amount Of $53,750.00. 7. Change Orders and Payment Approvals: a. Resolution To Accept The 1998 Alley Rehabilitation Project And Authorize Final Payment To McGrath Brothers. (City Council Bill #76) 8. Receive Minutes: a. Park Board - October 22, 1998 City Council Agenda Tuesday, April 20, 1999 Page 2 b. Park Board - February 25, 1999 c. Traffic Safety Commission - February 3, 1999 d. Clean Community Commission - March 9, 1999 REGULAR AGENDA 9. Public Hearings: a. Public Hearing To Receive Comments On The Proposed Use Of Funds Received From The Bureau Of Justice Assistance (BJA), U.S. Department Of Justice. 10. Ordinances: a. Ordinance Waiving Penalties And Interest On Delinquent Property Taxes Owed By Mr. Virgil L. Green Jr. At 1908 Wilson. (City Council Bill #77) b. Ordinance Waiving Sec. 22-1(A)(3) And Sec. 22-1(A)(9) Of The Code Of Ordinances To Permit Vehicles On The Grass And Posting Of Signs, For Larry Brumbelow During An Event To Be Held April 24, 1999 In Lucy Park. (City Council Bill #78) c. Ordinance Amending Chapter 29 Of The Code Of Ordinances By Amending Article XI, Establishing A Wrecker Rotation System And Regulations Applicable To Wrecker Rotation Business Operating Within The City Of Wichita Falls. (City Council Bill #79) 11. Resolutions: a. Resolution Waiving Resolution No. 34-85 To Permit Retention Of Donations During An Event April 24, 1999 In Lucy Park By Larry Brumbelow. (City Council Bill #80) b. Resolution Naming A Ballfield In The Softball Complex In Memory Of Louis Esquibel. (City Council Bill #81) City Council Agenda Tuesday, April 20, 1999 Page 3 11 . Resolutions (cont'd): c. Resolution Authorizing The City Manager To Execute A Contract With URS Greiner Woodward Clyde For Completion Of Kickapoo Airpark Feasibility Study. (City Council Bill #82) d. Resolution Establishing a Procedure for Donation of Municipal Court Juror Fees to Wichita County Teen Court. (City Council Bill #83) e. Resolution Establishing Priorities for Expenditures From the Judicial Efficiency Fee Fund. (City Council Bill #84) f. Resolution To Approve Contract With Biggs & Mathews, Inc. For The Preparation Of An Amendment To The City Of Wichita Falls Landfill Permit 1428 From The Texas Natural Resource Conservation Commission. (City Council Bill #85) g. Resolution To Approve Change Order No. 1 For The Phase 3 Sanitary Sewer Improvements Collection System Replacement Project. (City Council Bill #86) h. Resolution Certifying The City Of Wichita Falls' Intent To Commit The Necessary Funding To Secure The 2001 Association Of Mayors, Councilmembers And Commissioners Annual Institute. (City Council Bill #87) 12. Award of Bids: a. Resolution To Reject Bids For The Police Department Annual Towing Requirements. (City Council Bill #88) b. Resolution To Award Bid For The Lake Wichita Boat Ramp and Pier Project. (City Council Bill #89) c. Resolutions To Award Bids For Grazing Leases At Lake Kickapoo To The Hardly Able Cattle Company For The Northside Lease And To Les Wachsman For The Southside Lease. (City Council Bills #90 & #91) d. Award Of Bid For The Purchase Of Two (2) Each Heavy Duty Transit Buses To Lassetter Bus & Mobility In The Amount Of $355,052.00. City Council Agenda Tuesday, April 20, 1999 Page 4 13. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council discussion. 14. Adjourn Regular Meeting. WORK SESSION AGENDA 15. Receive And Consider Recommendations From the Charter Review Commission Concerning Possible Revisions To The City Charter To Commence Immediately Upon The Conclusion Of the Regular Meeting of the City Council. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 19 at o'clock (a.m.)(p.m.). City Clerk