Loading...
ORD 2012-01TOWN OF TROPHY CLUB ORDINANCE NO. 2012-01 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ARTICLE V ENTITLED "STORMWATER DRAINAGE FEES" OF CHAPTER 11 ENTITLED "PUBLIC WORKS" OF THE CODE OF ORDINANCES OF THE TOWN AND ADOPTING A NEW ARTICLE V ENTITLED "STORMWATER DRAINAGE FEES" OF CHAPTER 11 ENTITLED "PUBLIC WORKS" OF THE CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS FOR ARTICLE V TO INCREASE STORMWATER DRAINAGE UTILITY FEES IMPOSED TO CONSTRUCT, OPERATE, AND MAINTAIN A STORMWATER DRAINAGE UTILITY SYSTEM WITHIN THE TOWN; 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, In 2003 by adoption of Ordinance 2003-30 the Town complied with Subchapter C of Chapter 552 of the Texas Local Government Code, the "Municipal Drainage Utility Systems Act" (hereinafter the "Act"), and held a public hearing to adopt the Act and to establish a Municipal Drainage Utility System (hereinafter the "System") within a designated service area pursuant to the Act (hereinafter "Stormwater Drainage Ordinance"); and WHEREAS, With the establishment of the System, the Town Council established the Service Area for the System as the corporate boundaries and its extraterritorial jurisdiction; and WHEREAS, it is 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 Club including, but not limited to, the protection from loss of life and property caused by surface water overflows and surface water stag nation; and WHEREAS, after reviewing an inventory of lots and tracts within the Service Area and taking into consideration various factors, the Town has determined it necessary to increase the Fees due to Phase One of a three phase professional engineering study that has identified solutions to correct portions of the Town's Stormwater Drainage Utility System; and WHEREAS, it is the intent of the Town to increase 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 that provides funds necessary to maintain and expand the System for the protection of the health, safety, and welfare of the citizens of the Town; and WHEREAS, the Act requires that prior to the passage of the Ordinance amending the fees, the Town shall publish a notice in a newspaper of general circulation in the Town, such notice consisting of the 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 amending 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. AMENDMENT 2.02 Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: "Section 5.01. DEFINITIONS When used in this Article, the following terms shall have the respective meanings ascribed to them: ORO 2012-01 Page 2 of 10 A. The Act: Subchapter C of Chapter552 of the Texas Local Government Code, the Municipal Drainage Utility Systems Act, as amended. B. Benefitted Property: An improved Parcel or tract to which drainage service is made available by the Town under this Article. C. Director: The Town Manager of the Town of Trophy Club, or his/her designee. D. 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 or divert the water into natural or artificial watercourses. E. Drainage Charge: The levy imposed to recover the cost of the service of the Town in furnishing drainage for any benefitted property and including an amount made in contribution to funding of future drainage system construction by the Town. F. Facilities: The property, real, personal, or mixed, that is used in providing drainage and included in the System. G. 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. H. Improved, Improved Parcel, or Improved Lot or Tract: A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. I. Parcel: One or more lots or portions of lots that are contiguous and under single ownership. J. Service Area: The corporate boundaries of the Town, Trophy Club Municipal Utility District #1, and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the Drainage System of the Town; provided however, that to the extent applicable, such Service Area does not extend further than the boundaries of the Town's extraterritorial jurisdiction nor does the Service Area extend into the boundaries of any other municipality. K. Stormwater Drainage Revenue Bonds: Obligations issued to finance the costs of Facilities payable and secured by a lien on and pledge of Fees. L. Stormwater Drainage Utility Fee(s) or Fee(s): The Drainage Charge, including any interest and penalties, paid by a benefitted or served property for stormwater drainage ORO 2012-01 Page 3 of 10 services provided by the System including, but not limited to, the items described as "Cost of Service" in the Act, as amended. M. 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 Benefitted 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. N. Town: The Town of Trophy Club, Denton and Tarrant County, Texas. O. Wholly Sufficient and Privately Owned Drainage System: Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of a municipal drainage utility system. 5.02. Findings and Determinations It is hereby found, determined and declared that the Stormwater Utility Drainage Fees adopted hereunder and the basis for those Fees are directly related to drainage and that the terms of the levy hereunder, and the classification of the Benefitted Properties are non-discriminatory, reasonable, and equitable for similar services of the Service Area property in the Town; and that the Town shall provide drainage for all real property in the Service Area upon payment of Fees, except real property exempted hereunder. Further, it is hereby found that the Town Council has based its calculations for the levy on an inventory of the lots and tracts within the Service Area, and that as allowed by the Act, the Town Council may consider the land use made of the Benefitted Property and the size, in area, the number of water meters, and topography of a Parcel of Benefitted Property, in assessing the drainage charge to the property. Section 5.03. Stormwater Drainage Utility Fees Schedule A. For purposes of imposing the Fees, all Parcel(s) within the Town are classified as Residential, Multi-Family, Duplexes, or Non-Residential. The Fee for Residential properties shall be $6.00. The Fee for Multi-Family, Duplexes, or Non-Residential shall be based on a rate of $6.00 per Equivalent Residential Unit (ERU). Each ERU equals 3,500 square feet of impervious area. The Fee shall be calculated based on the total square footage of impervious area for each non-residential parcel. The minimum monthly Fee for non-exempt properties shall be one (1) ERU. ORO 2012-01 Page 4 of 10 Residential Monthly Fee Single Family $6.00 Multi-Family, Duplexes, and Non-Residential Monthly Fee Properties Square Footage of Impervious Area $6.00 per ERU (each ERU = 3,500 sq. ft. ) B. 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. C. 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. D. The Town Council hereby finds and determines that the Fees have been established in accordance with the provisions of the Act. Section 5.04. 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 be 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. ORO 2012-01 Page 5 of 10 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, including without limitation the discontinuance of any utility services provided by the Town. Town shall have access, at all reasonable times, to any Benefitted Properties served by the System for inspection or repair or for the enforcement of this Article or the Act. 5. Unless a Parcel or tract is exempted from the applicability of this Article or the Public Stormwater Drainage Utility Ordinance, no person shall use the Drainage System for such Parcel or tract unless such person pays the full, established, drainage charge. Section 5.05. 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. 2. Requests for adjustment of Fees paid by an owner or customer making the request shall be in writing and set forth, iii detail, the grounds upon which relief is sought. 3. The Director shall 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 (1) year. 4. Adjustment requests made after the first fiscal year that the Fees were imposed shall 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. ORO 2012-01 Page 6 of 10 5. 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 shall 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 Revenue 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 shall be final. 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 shall only be for the impervious area that receives the benefit of the stormwater management. 1. That area which drains into an approved detention basin shall be eligible for up to a fifteen (15) percent reduction. 2. That area which drains into an approved retention basin shall 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. ORD 2012-01 Page 7 of 10 Section 5.06. 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 peak flow attenuation devices constructed on stormwater systems discharging to the surface water of the Town. 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 shall be segregated and completely identifiable from other Town 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. Section 5.07. "Exemption Clause A. The following shall be exempt from the provIsions of this Article or any other resolution, rules, or ordinances adopted by the Town pursuant to the Public Stormwater Drainage Utility Article 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; ORD 2012-01 Page 8 of 10 3. A subdivided lot, 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 3 CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether codified or uncodified, 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 any such Ordinance 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 4. 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. SECTION 5. 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 Stormwater, Stormwater Drainage, and Fees 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 6. 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 of this Ordinance shall be ORO 2012-01 Page 9 of 10 fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Article, the Code of Ordinances of the Town, and of all other remedies authorized by law. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE That this Ordinance shall be published and shall become effective on July 1, 2012. PASSED AND APPROVED by the Town Council of Trophy Club, Texas, on this 23 rd day of January, 2012. AWEST: , I Ii [SEAL] ORO 2012-01 06nnie White, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 10 of 10