HomeMy Public PortalAboutOrdinance No. 705-93 12-14-1993 ORDINANCE NO. 7 0 5- 9 3
• AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES" OF
THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, BY THE ADDITION OF A NEW SECTION 12,
"DRAINAGE UTILITY CHARGES" THERETO; LEVYING A
SCHEDULE OF DRAINAGE CHARGES FOR THE RICHLAND
HILLS MUNICIPAL DRAINAGE UTILITY SYSTEM AGAINST
ALL REAL PROPERTY WITHIN THE CITY OF RICHLAND
HILLS, TEXAS, SUBJECT TO SUCH CHARGES UNDER
SECTIONS 402.041, ET. SEQ., SUBCHAPTER C OF CHAPTER
402 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Richland Hills, Texas to protect the health
and safety of its citizens from loss of life and property caused by surface water overflows and
surface water stagnation, has heretofore, pursuant to legislative authority established a Municipal
Drainage Utility System within the municipal boundaries of the City of Richland Hills, Texas,
and desires, also pursuant to legislative authority, to provide rules for the use and operation of
such system and prescribe and establish fees, together with the assessment, levy and collection
thereof, to finance and fund such Municipal Drainage Utility System; and
WHEREAS, the City Council of the City of Richland Hills, Texas finds that the basis
• for the drainage charges set forth herein is directly related to drainage; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds that the
classification of benefitted properties set forth herein is nondiscriminatory, equitable and
reasonable; and
WHEREAS, the City Council of the City of Richland Hills, Texas, in setting the schedule
of charges for drainage services set forth hereinbelow, has based its calculations upon an
inventory of the lots and tracts within the municipal boundaries of the City of Richland Hills,
Texas; and
WHEREAS, in setting such schedule of charges for drainage service, the City Council
of the City of Richland Hills, Texas, has considered the uses made of the benefitted properties,
using official zoning maps of the City of Richland Hills, Texas, for that purpose, and has also
considered the size and topography of the parcels of benefitted property in assessing the drainage
charges set forth hereinbelow; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds that the schedule
of charges set forth hereinbelow, and the rates upon which such schedule of charges was
calculated, are equitable for similar services in all areas of the City of Richland Hills, Texas; and
WHEREAS, the City Council of the City of Richland Hills, Texas, has held a public
hearing on the charges levied and imposed herein, after publishing notice of such public hearing,
all in the manner prescribed by Subchapter C of.~'hapter 402 of the Texas Local Government
Code.
ORDINANCE NO. 7 0 5- 9 3 PAGE 1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
• OF RICHLAND HILLS, TEXAS:
I.
That Chapter 11 "UTILITIES" of the Code of Ordinances, City of Richland
Hills, Texas, as amended, be hereby amended by the addition thereto of a new
Section 12, "Drainage Utility Charges", which new section shall hereafter be and
read as follows:
SECTION 12: DRAINAGE UTILITY CHARGES.
The following schedule of drainage charges is hereby levied against all real
property lying within the City of Richland Hills, Texas, subject to drainage charges
under Subchapter C of Chapter 402 of the Texas Local Government Code. These
charges shall be billed monthly, in advance, on the customer's water bill.
A. Basic Monthly Drainage Charge. The rates set forth herein are
calculated on a basis of a drainage charge of $3.00 per ERU (Equivalent
Residential Unit) which is equal to $24.318 per impervious acre of land,
per month. Runoff coefficients and corresponding rates per acre for
various land uses may be modified by the City Council from time to time
by a modification of said Basic Drainage Charge.
B. Single-Family Residential (R-1L, R-1 and R-2~. The City Council finds
that the single-family residential lots within the City of Richland Hills,
Texas will be charged at the adopted rate per Equivalent Residential
Unit. The monthly charge per lot shall be based on the Basic Monthly
Drainage Charge, as follows:
Use Runoff Coefficient Rate Per Lot. Per Month
R-1 L 0.25 $3.00
R-1 0.39 $3.00
R-2 0.45 $3.00
C. All other lots, tracts and parcels of land within the City of Richland
Hills, Texas, shall be charged on the basis of the acreage contained in
said lot, tract or parcel of land, and the use made of such property, in
accordance with the following schedule of drainage charges which are
hereby levied against all such remaining lots, tracts and parcels of land
within the City of Richland Hills, Texas:
ORDINANCE NO. 7 0 5- 9 3 PAGE 2
Use Runoff Coefficient Rate per Acre, Per Month
• R-3 0.61 $ 14.83
R-4 0.64 $ 15.56
C 0.80 $ 19.45
I 0.80 $ 19.45
Schools 0.54 $ 13.13
Churches 0.54 $ 13.13
Undeveloped 0.20 $ 00.00
II.
The City Council of the City of Richland Hills, Texas, may change, adjust, and readjust
the rates and charges established herein for drainage services from time to time by ordinance.
III.
The City Council of the City of Richland Hills, Texas, shall, by subsequent ordinance,
adopt rules for the operation and conduct of the Richland Hills Municipal Drainage Utility
System, including exemptions, if any, from the drainage charges levied therein, consistent with
its authority and State law.
• IV.
Severability Clause. That it is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and
if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid
or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
V.
Saving Clause. That Chapter 11 of the Code of Ordinances, City of Richland Hills,
Texas, as amended, shall remain in full force and effect, save and except as amended by this
ordinance.
VI.
Effective Date. This ordinance shall be in full farce and effect from and after its passage
and publication as provided by the City of Richland Hills City Charter and laws of the State of
Texas; provided, however, that the Municipal Drainage Utility System charges levied shall take
effect on January 1, 1994.
ORDINANCE NO. 7 0 5- 9 3 PAGE 3
• PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the 14th day of Decemb~r1993, by a vote of ~ ayes,
0 nays, and 0 abstentions.
APPROVED:
C.F. Kelley, Mayor
ATTEST:
` Y
Terriy illis, City Secretary
A PROVED AS TO FORM:
• ~
Paul F. Wieneskie, City Attorney
ORDINANCE NO. 7 0 5- 9 3 PAGE 4