HomeMy Public PortalAboutOrdinance No. 714-94 01-25-1994 ORDINANCE NO. 714 - 9 4
AN ORDINANCE AMENDING CHAPTER 11 "UTILITIES" OF
THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 15
•'M[J1vICIPAL DRAINAGE UTILITY SYSTEM REGULATIONS' ;
SETTING FORTH RULES AND REGULATIONS FOR THE
OPERATION OF THE RICHLAND HILLS MUNICIPAL
DRAINAGE UTILITY SYSTEM; PROVIDING CERTAIN
DEFINITIONS; PROVIDING FOR SEGREGATION OF
DRAINAGE UTILITY FUNDS; PROVIDING FOR COLLECTION
OF DELINQUENT CHARGES; PROVIDING CERTAIN
EXEMPTIONS; PROVIDING A SEVERABILTTY CLAUSE;
PROVIDING A SAVING CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Richland Hills, Texas, has
heretofore established the Richland Hills Municipal Drainage System; and
WHEREAS, the City Council finds that the following rules and regulations are
necessary for the fair and efficient operation of said municipal drainage utility
system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND, 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 anew
Section 15 "MUNICIPAL DRAINAGE UTILITY SYSTEM REGULATIONS", which new
section shall hereafter be and read as follows:
SECTION 15: MUNICIPAL DRAINAGE UTILITY SYSTEM REGULATIONS
The following regulations are hereby adopted to govern the operation of the
Richland Hills Municipal Drainage Utility System.
A. Definitions:
The following words, when used in this section, shall have the
meanings assigned thereto hereinafter.
(1) "Benefitted Property" means a lot or tract to which
drainage service is made available under this section and
which receives water, wastewater or electric utility
service from the City.
•
ORDINANCE NO. 714 - 9 4 PAGE 1
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(2) "Cost of Service" means:
(a) The prorated cost of the acquisition, whether by
eminent domain or otherwise, of land,
rights-of-way, options to purchase land,
easements and interests in land relating to
structures, equipment and facilities used in
draining the benefitted property;
(b) The prorated cost of the acquisition, construction,
repair, and maintenance of structures, equipment
and facilities used in draining the benefitted
property:
(c) The prorated 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 practicability of structures,
equipment and facilities used in draining the
benefitted property;
(d) The prorated cost of all machinery, equipment,
furniture and facilities necessary or incident to
the provision and operation of draining the
benefitted property;
(e) The prorated cost of funding and financing charges
and interest arising from construction projects and
the start-up cost of a drainage facility used in
draining the benefitted property;
(f) The prorated cost of debt service and reserve
requirements of structures, equipment and
facilities provided by revenue bonds or other
drainage revenue-pledge securities or obligations
issued by the City.
(g) The administrative costs of the drainage utility
system shall not be included as a "cost of service"
under this section.
(3) "Drainage" means 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.
ORDINANCE NO. ~ 14 - 9 4 PAGE 2
•
(4) "Drainage Charge" means:
(a) The levy imposed to recover the "cost of service"
of the City in furnishing drainage for any
benefitted property; and
(b) An amount made in contribution to funding of
future drainage system construction by the City.
(5) "Drainage System" means the drainage owned or
controlled in whole or in part by the City and dedicated
to the service of benefitted property, including
provisions for additions to the system.
(6) "Facilities" means the property, either real, personal or
mixed, that is used in providing drainage and included in
the system.
(7) "Public Utility" means a drainage service that is
regularly provided by the City through City property
dedicated to that service to the users of benefitted
property within the service area and that is based on:
• (a) An established schedule of charges;
(b) The use of the police power to implement the
service; and
(c) Non-discriminatory, reasonable and equitable
terms as declared under this section.
(8) "Service Area" means the municipal boundaries of the
City of Richland Hills, and has been heretofore
established by the ordinance establishing the Richland
Hills Municipal Drainage Utility System.
(9) "User" means the person or entity that owns or occupies
a benefitted property.
B. Billin,~s; deposit not required:
(1) The City will bill drainage charges, identified separately, with
the City's other public utility billings. Any delinquent billings
or charges shall be collected on benefitted property under the
procedure prescribed by this section and by the Texas Local
Government Code.
(2) The City will not require a deposit for drainage service as a
pre-condition to accepting surface flow in the Richland Hills
Municipal Drainage Utility System.
ORDINANCE NO. 714 - 9 4 PAGE 3
• C. Se rg_egation of Income:
(I) The income of the Richland Hills Municipal Drainage Utility
System shall be segregated and completely identifiable in the
City's municipal accounts. That portion of the Drainage
charges which is solely for the cost of service may be
transferred in whole or in part to the City's general fund,
except for any part pledged to retire any outstanding
indebtedness or obligation incurred, or as a reserve for future
construction, repair or maintenance of the drainage system.
Any portion of the drainage charges which has been
designated by the City Council to be an amount in
contribution to the funding of future system improvements,
including replacement, new construction or extension, shall
not be transferrable to the general fund.
(2) Drainage utility charges committed to maintenance activities
shall not exceed twenty-five percent (25°10) of total drainage
utility system revenues.
(3) All funds collected from drainage charges shall be utilized for
"cost of service" as defined herein, and none of said drainage
charges shall be utilized for administrative costs.
• E. Delinquent Charges: Collection:
Any drainage utility charges due under this chapter which are not
paid when due may be recovered in an action at law by the City. In
addition to any other remedies or penalties provided at law or by
the Texas Local Government Code, the failure of a user of the
municipal utilities within the service area to pay the drainage
charges promptly shall subject such user to discontinuance of any
utility services provided by the City under the same procedures as
are utilized for discontinuance of water service because of
non-payment of water bills. The employees of the Richland Hills
Municipal Drainage Utility shall have access, at all reasonable
times, to any benefitted properties served by the drainage utility
for inspection or repair or for the enforcement of the provisions of
this section.
F. Use of Drainage Utility sy tem:
Unless a person's lot or tract is exempted under this section, that
person may not use the drainage system for the lot or tract unless
the person pays the full, established drainage charge.
G. Drainage Master Plan:
All drainage capital improvements will be completed in accordance
• with the current Drainage Master Plan within the City, and as same
shall from time to time be amended by the City Council.
ORDINANCE NO. 714 - 9 4 PAGE 4
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H. Exemptions:
The following described properties shall be exempt from the
regulations prescribed by this section and from the drainage utility
charges provided by this chapter:
(1) Property with proper construction and maintenance of a
wholly sufficient and privately owned drainage system, as
shall be determined in the sole discretion of the City Engineer
or his designee;
(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
municipality in which the property is located for maintenance;
(3) A subdivided lot, until a structure has been built on the lot
and certificate of occupancy has been issued by the City.
(4) Property owned by the City of Richland Hills.
I. Effect of Section:
This section does not:
• (1) Preclude the City from utilizing revenues, other than drainage
utility revenues, for drainage purposes; or
(2) Preclude the City form imposing impact fees or other charges
for drainage as authorized by law.
II.
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 judgment 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.
III.
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.
• IV.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
ORDINANCE NO. 714 - 9 4 PAGE 5
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PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the 25thday of January , 1994, by a vote
of 5 ayes, ~ nays, and ~ abstentions.
APPROVED:
C. F. Kelley, Mayo
ATTEST:
I
illis, City Secre ary
APPROVED AS TO FORM:
~
G~t.L
aul F. Wieneskie, ity Attorney
mlib466lbh/012094
ORDINANCE NO. ~ 14 - 9 4 PAGE 6