ORD 2003-30TOWN OF TROPHY CLUB
ORDINANCE NO. 2003 -- 30
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING FOR THE ESTABLISHMENT OF A STORMWATER
DRAINAGE UTILITY FEE TO CONSTRUCT, OPERATE, AND
MAINTAIN A STORMWATER DRAINAGE UTILITY STYSTEM;
PROVIDING FOR THE INCORPORATION OF PREMISES;
SETTING FORTH DEFINITIONS; PROVIDING FINDINGS AND
DETERMINATIONS; PROVIDING FOR THE ESTABLISHMENT
OF A STORM WATER DRAINAGE UTILITY FEE SCHEDULE;
PROVIDING FOR BILLING, PAYMENTS AND PENALTIES;
SETTING FORTH PROVISIONS FOR THE ADJUSTMENT OF
FEES; ESTABLISHING PROVISIONS FOR A STORMWATER
DRAINAGE UTILITY FUND; PROVIDING AN EXEMPTION
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has complied with Subchapter C of Chapter 402 of the
Texas Local Government Code, the "Municipal Drainage Utility Act" (hereinafter the
"Act"), and has held a public hearing to adopt the Act and to establish a Municipal
Drainage Utility System within a designated service area pursuant to the Act (hereinafter
"Stormwater Drainage Ordinance"); and
WHEREAS, it has been deemed necessary and essential to ensure that the
collection and disposal of stormwater drainage within the Town limits adequately
protects the health, safety, and welfare of the citizens of Trophy CIub including, but not
limited to, the protection from loss of life and property caused by surface water overflows
and surface water stagnation; and
WHEREAS, it is the intent of the Town to adopt fees to fund the Stormwater
Drainage Utility System that fairly and equitably allocates the cost of drainage to
property owners in proportion to the stormwater drainage runoff potential for each
property; and
WHEREAS, the Act requires that after the passage of the Ordinance adopting the
Act and prior to the passage of the Ordinance adopting the fees, the Town must publish a
notice in a newspaper of general circulation in the Town, such notice consisting of the
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full text of the proposed Ordinance, including the proposed schedule of drainage charges
and stating the time and place of the public hearing to consider the proposed Ordinance,
and that the Town shall publish such notice three (3) times before the date of the hearing
with the first notice being published on or before thirty (30) days before the date of the
hearing; and
WHEREAS, the Town has satisfied the procedural requirements established by
the Act as condition precedent to the adoption of this Ordinance establishing fees; and
WHEREAS, the Town has found and determined that it is appropriate to adopt
this Ordinance establishing a schedule of drainage charges;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
When used in this Ordinance, the following terms shall have the respective meanings
ascribed to them:
The Act: Subchapter C of Chapter 402 of the Texas Local Government Code,
the Municipal Utility Act, as amended.
Benefited Property: An improved Parcel or tract to which drainage service is
made available by the Town pursuant to its Stormwater Drainage Ordinance,
Director: The Town Manager of the Town of Trophy Club, or his/her designee.
Developed Property: For the purpose of this Ordinance, developed property
shall mean the construction of one or more new buildings or structures on one or
more building lots, the moving of an existing building to another lot, or the use of
open land for a new use other than Single -Family Residential, which contains
impervious areas.
Drainage: Bridges, catch basins, channels, conduits, creeks, culverts, detention
ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and
appurtenances to those items, whether natural or artificial, or using force or
gravity, that are used to draw off surface water from land, carry the water away,
collect, store, or treat the water into natural or artificial watercourses.
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Facilities: The property, real, personal, or mixed, that is used in providing
drainage and included in the System.
Impervious Area or Impervious Surface: A surface that has been compacted or
covered with a layer of material so that it is highly resistant to infiltration by
water. Impervious areas include, but are not limited to, compacted soils,
buildings, parking lots, and private ingress/egress roadways.
Parcel: One or more lots or portions of lots that are contiguous and under single
ownership.
Single -Family Property: Any property platted or used for single-family
residential development upon which a single family home has been constructed.
Stormwater Drainage. Revenue Bonds: Obligations issued to finance the costs
of Facilities payable and secured by a lien on and pledge of Fees.
Stormwater Drainage Utility Fees or Fees : The drainage charge, including
any interest and penalties, paid by a benefited or served property for stormwater
drainage services provided by the System including, but not limited to, the items
described as "cost of service" in Section 402.044(2) of the Act, as amended.
Stormwater Drainage Utility System, Drainage System or System: The
Drainage owned or controlled in whole or in part by the Town, including the
Town's existing drainage facilities, materials, and supplies, and dedicated to the
service of Benefited Property, including provisions for additions, extensions, and
improvements thereto and replacements thereof, excluding from the foregoing,
however, to the extent now or hereafter provided by law, facilities of any kind
which are declared by the Town Council, prior to the acquisition or construction
thereof by the Town, not to be a part of the System and which are acquired or
constructed by or on behalf of the Town with the proceeds from the issuance of
special facilities bonds in a manner now or hereafter authorized by law.
Town: The Town of Trophy Club, Denton County, Texas
SECTION 3.
FINDINGS AND DETERNIINATIONS
It is hereby found, determined and declared that the Fees adopted hereunder are non-
discriminatory, reasonable, and equitable for similar services of the Service Area
property in the Town; and that the Town will provide drainage for all real property in the
Service Area upon payment of Fees, except real property exempted under the Stormwater
Drainage Ordinance.
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SECTION 4.
STORMWATER DRAINAGE UTILITY FEES SCHEDULE
For purposes of imposing the Fees, all Parcel(s) within the Town are classified as
Residential, Multi -Family, or Non -Residential.
Residential
Monthly Fee
Single Family — Square footage u to 4000
$1.00
Single Family -- Square footage of 4001 to 9999
$2.00
Single Family — Square footage over 10,000
$3.00
Multi -Family Properties
Monthly Fee
Apartments
$0.50 per unit
Limit to be set by Director
Non -Residential Properties
Monthly Fee
Im ervious Area in S uare Feet
0 - 10,000 sf impervious area
$5.00 or flat fee of $0.06 per 100 sf
10,001 — 50,000 sf impervious area
$7.50
50,001 - 100,000 sf impervious area
$10.00
100,001 — 200,000 sf impervious area
$12.50
200,001— 400,000 sf impervious area
$15.00
400,001 — 3,000,000 sf impervious area
$17.50
A. Director shall be responsible for determining impervious area based on data
obtained from the Denton County Appraisal District. If such information is
unavailable from the appraisal district files, the property owner, tenant or
developer may submit a certified survey and/or a foundation survey to assist the
Director in determining impervious area. The Director may require additional
information as necessary to make the determination. The amount of any fee may
be revised by the Director based on any additions to the impervious area as
approved through the building permit process or as shown from the records of the
Denton County Appraisal District.
B. The Town Council may review the foregoing schedule of fees at any time and
may, by ordinance, increase or decrease such fees within the schedule upon a
determination that such increase or decrease is warranted.
C. The Town Council hereby finds and determines that the Fees have been
established in accordance with the provisions of the Act.
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SECTION 5.
BILLING, PAYMENT, AND PENALTIES
A. The Town is hereby authorized to bill the Fees incurred as a result of the adoption
of the Act and establishment of the Stormwater Utility Drainage System
thereunder with its other public utility billings.
1. The Town shall render bills or statements for Fees monthly for service for
the upcoming month for all properties subject to the fee.
2. Bills shall be payable when rendered and shall be considered as received
by the customer and/or owner, whether actually received or not, when
deposited in the United States mail, postage prepaid, addressed to the
customer of Town utility billings.
3. Fees shall he billed with the Town's other public utility billings and shall
be identified separately on the utility billing as a stormwater drainage fee
and shall be consistent with the Act.
4. Delinquent fees are subject to the same penalties and methods of
collection as other utility charges of the Town and shall be collected in a
manner consistent with the Act.
5. Unless a Parcel or tract is exempted from the applicability of this
Ordinance or the Stormwater Utility Drainage Ordinance, no person shall
use the Drainage System for such Parcel or tract unless such person pays
the full, established, drainage charge.
SECTION 6.
ADJUSTMENT OF FEES
A. Requests for adjustment of a Fee shall be submitted through the Director, who
shall be given authority to administer the procedures and standards and review
criteria for the adjustment of Fees as established herein. All requests shall be
evaluated based upon the amount of impervious area and vegetated area on the
site and total parcel area. No credit of Fees shall be given for the installation of
facilities required by Town development codes or Texas Water Code
requirements. The following procedures shall apply to all requests for adjustment
of the Fees:
1. Any owner or customer who has paid Fees and who believes the
calculation or determination of the Fees to be incorrect may, subject to the
restrictions set forth in this article, submit an adjustment request to the
director.
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2. Requests for adjustment of Fees paid by an owner or customer malcing the
request shall be in writing and set forth, in detail, the grounds upon which
relief is sought.
3. The Director will review adjustment requests made during the first fiscal
year that the Fees were imposed within a four (4) month period from the
date of receipt of the adjustment request. Adjustments resulting from such
request shall be retroactive to the beginning of billings but shall not
exceed one year.
4. Adjustment requests made after the first fiscal year that the Fees were
imposed will be reviewed by the Director within thirty (30) days from the
date of receipt of an adjustment request. Adjustments resulting from such
a request shall be prospective but may be made retroactive for no greater
time period than three (3) months prior to the receipt of the request, at the
discretion of the Director.
S_ The owner or customer requesting an adjustment may be required, at the
requesting party's own cost, to provide supplemental information to the
Director including, but not limited to, survey data approved by a state
registered professional land surveyor (R.P.L.S.), or engineering approved
by a state registered professional engineer (P.E.), or reports. Failure to
provide requested information may result in the denial of the adjustment
request.
6. Adjustments to the Fees will be made upon the granting of the adjustment
request, in writing, by the Director. In making a determination to grant an
adjustment request, the Director shall consider the potential for any
adverse impact to the holders of any outstanding stormwater drainage
utility bonds. Denials to an adjustment request shall be made in writing by
the Director.
B. Upon receipt of the written denial of the adjustment request, the owner or
customer who initially requested the adjustment may, within 30 days of receipt of
such denial, apply to the Director for review of the denial.
1. The Director shall complete this review within sixty (60) days of receipt of
such request for review. The Director's determination on the review shall
be in writing and set forth, in detail, the reasons for the decision.
2. In reviewing denial of adjustment requests, the Director shall apply the
standards and review criteria contained in this section.
3. All findings and determinations made by the Director arising out of this
section will be final.
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C. Those improved nonresidential properties (including apartments) that practice
stormwater management are eligible to receive a credit on their monthly billings.
The application for such credit shall follow the procedures for appeal as set forth
in Subsection B above. The credit will only be for the impervious area that
receives the benefit of the stormwater management.
1. That area which drains into an approved detention basin will be eligible
for up to a fifteen (15) percent reduction.
2. That area which drains into an approved retention basin will be eligible for
up to a thirty-five (35) reduction.
3. The credit methodology shall be an administrative policy as established by
written report maintained in the Community Development Department of
the Town.
SECTION 7.
STORMWATER DRAINAGE UTILITY FUND
A. There is hereby established a Stormwater Drainage Utility Fund which may
consist of one or more accounts. All Fees shall be deposited as collected and
received into this fund and shall be used exclusively for the drainage services as
stated in the Act which includes, but is not limited to the following:
1. Operation and maintenance of the system.
2. Funding of pollution abatement and pear flow attenuation devices
constructed on stormwater systems discharging to the surface water of the
city.
3. Administrative costs associated with the management of the system.
4. Payment of the debt service requirements on any outstanding Stormwater
Drainage Revenue Bonds including any fees and expenses incidental
thereto.
5. Engineering consultant fees.
6. Consultant studies necessary for preparation of the Stormwater
Management Plan.
B. The income derived from the operation of the system must be segregated and
completely identifiable from other city accounts. Fees utilized solely for the cost
of service, exclusive of any sums pledged to retire any outstanding indebtedness
or obligation incurred, or any sum attributable to the funding of future
improvement to the system, may be transferred to the Town general fund.
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SECTION S.
EXEMPTION CLAUSE
A. The following shall be exempt from the provisions of this Ordinance or any other
resolution, rules, or ordinances adopted by the Town pursuant to the Stormwater
Drainage Ordinance or this Ordinance:
1_ Property with proper construction and maintenance of a wholly sufficient
and privately owned drainage system;
2. Property held and maintained in its natural state, until such time that the
property becomes Developed Property and all of the public infrastructure
constructed has been accepted by the Town for maintenance;
3_ A subdivided Iot, until a structure has been built on the lot and a certificate
of occupancy or the equivalent for residential properties has been issued
by the Town.
4. A municipality.
SECTION 9.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim, or lawsuit, which has
been initiated or has arisen under or pursuant to such other Ordinances on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such
Ordinance and for that purpose, the Ordinance shall remain in full force and effect.
SECTION 10.
SEVERABILITY
If any section, paragraph, sentence, phrase, clause, or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance, and the Town Council hereby declares that it would
have passed such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
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SECTION 11.
SAVINGS
That all rights and remedies of the Town of Trophy Club, Texas, are expressly
saved as to any and all violations of the provisions of any other Ordinance affecting
Town Council procedures policy which have secured at the time of the effective date of
this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 12.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof, shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 13.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish in
one issue of the Official newspaper of the Town of Trophy Club, the Caption, Penalty
and Effective Date of this Ordinance, as required by Section 52.011 of the Texas Local
Government Code.
SECTION 14.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
SECTION 15.
EFFECTIVE DATE
That this Ordinance shall become effective from and after its date of passage and
publication as provided by law, and it is so ordained.
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PASSED AND APPROVED by the Town Council of Trophv Club, Texas, on
this day of 061�� Z� ; 003.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
Effective Date: December 6, 2003
APPROVED AS TO FORM:
t
Town Attorney
Town of Trophy Club, Texas
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Town of Trophy Club, Texas
TRO
C:
[SEAL]
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