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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 • (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 • 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 • 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