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HomeMy Public PortalAboutOrdinance No. 1120-08 08-12-2008 CITY OF RICHLAND HILLS ORDINANCE NO. 1120-08 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE RULES FOR THE MUNICIPAL DRAINAGE (STORMWATER) UTILITY SYSTEM; SETTING FORTH DEFINITIONS; ESTABLISHING STORMWATER CHARGES AND MONTHLY DRAINAGE (STORMWATER) UTILITY SYSTEM FEES; ESTABLISHING THE BILLING AND PAYMENT OF STORMWATER (DRAINAGE) FEES; PROVIDING PENALTIES AND REMEDIES FOR FAILURE TO PAY FEES; PROVIDING EXEMPTIONS FROM AND ADJUSTMENT OF FEES; ESTABLISHING PROGRAM RESPONSIBILITIES; REAFFIRMING A DRAINAGE (STORMWATER) UTILITY SYSTEM FUND; PROVIDING PROCEDURES FOR APPEALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, within the City of Richland Hills (the "City") there is an existing drainage (stormwater) system which has been developed over a number of years for the purpose of collecting, controlling and disposing of stormwater runoff; and WHEREAS, portions of the present drainage (stormwater) system are inadequate to control and manage stormwater runoff within the City limits; and WHEREAS, it is necessary and essential to ensure that the collection of stormwater runoff and control of drainage (stormwater) within the City limits adequately protects the health, safety, and welfare of the citizens of the City including, but not limited to the protection from loss of life and damage to property caused by surface water overflows and surface water stagnation; and WHEREAS, it is necessary and essential that the City address the various water quality and environmental issues that may further burden its drainage (stormwater) infrastructure requirements; and WHEREAS, in Subchapter C of Chapter 402 of the Texas Local Government Code, the legislature has authorized municipalities to: 1) establish a municipal drainage utility system within the established service area; 2) provide rules for the use, operation, and financing of the system; 3) protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation and pollution arising from non-point source runoff within the boundaries of the established service area; 1 of 16 10/9/2008 4) declare, after a public hearing, a drainage (stormwater) system created under this subchapter to be a public utility; 5) prescribe bases on which a municipal drainage (stormwater) utility system may be funded and fees in support of the system may be assessed, levied, and collected; 6) provide exemptions of certain persons from this subchapter; and 7) prescribe other rules related to the subject of municipal drainage (stormwater); and WHEREAS, by Ordinance No. 705-93, adopted December 14, 1993, now codified as Article III of Chapter 86 of the City Code, the City established a municipal drainage (stormwater) utility system within the boundaries of the City in compliance with Subchapter C of Chapter 402 of the Local Goverrunent Code, established a schedule of drainage (stormwater) charges against all real property in the City (except certain real property exempted from such charges), provided drainage improvements for all real property in the City upon payment of drainage (stormwater) charges and offered drainage service on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City desires to amend the rules previously adopted for its drainage (stormwater) utility system as authorized by the Act; and WHEREAS, the City Council finds that: 1) the City will establish a schedule of drainage (stormwater) charges against all real property in the proposed service area (except real property that is exempt from such charges), under Subchapter C of Chapter 402 of the Texas Local Government Code; 2) the City will provide drainage for all real property in the proposed service area on payment of drainage (stormwater) charges, except real property exempted under Subchapter C of Chapter 402 of the Texas Local Government Code; and 3) the City will offer drainage (stormwater) service on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City Council has examined the manner and time of the giving and publishing of notice of a public hearing to consider this ordinance and has found that notice of said hearing was duly, properly and legally given, said notice having been published at least three (3) times prior to the date of such hearing in a newspaper of general circulation in the City, the first of which publications was made on or before thirty (30) days prior to the date of the public hearing; and WHEREAS, Subchapter C of Chapter 402 of the Local Government Code authorizes the City to provide exemptions of certain governmental and other entities or persons from the payment of these charges; and 2 of 16 10/9/2008 WHEREAS, Subchapter C of Chapter 402 of the Local Government Code authorizes the City to provide rules for the use, operation and financing of a drainage (stormwater) utility system; and WHEREAS, Subchapter C of Chapter 402 of the Local Government Code authorizes the City to prescribe bases upon which to fund a drainage (stormwater) utility system and to assess the fees and charges to support the system; and WHEREAS, in setting the schedule of charges for drainage (stormwater) service, the calculations are based on an inventory of the lots and tracts within the City and the area of and type of development on the benefitted properties; and WHEREAS, it is the intent of the City to fund the drainage (stormwater) utility system in a manner that fairly and equitably allocates the cost of stormwater service to properties in proportion to stormwater runoff potential for each class of property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF ARTICLE III OF CHAPTER 86 Article III of Chapter 86 of the Richland Hills City Code is hereby amended to provide as follows: Section 86-141. Definitions. The following definitions apply to the revision of and the operation of the Drainage (Stormwater) Utility System: (a) Act: means Subchapter C, of Chapter 402 of the Texas Local Government Code, as amended. (b) Allocated Portion of a Parcel: means that portion of a parcel which has been allocated to an owner or customer based on the area utilized by the owner or customer compared to the total area of a parcel. (c) Benefitted Property: means an improved parcel, lot or tract to v~~hich drainage (stormwater) service is made available. (d) City: means the City of Richland Hills. (e) Customer: means the person(s) or entity(ies) recorded as the customer or user of utility services for a parcel or an allocated portion of a parcel as recorded in the records of the City's utility billing system. 3 of 16 10/9/2008 (f) Director of Public Works: means the City's Director of Public Works or the Director of Public Works' designee. (g) Dwelling Unit: means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by applicable City codes, for not more than one family, including a single family house, a town home, a manufactured home or a portion of a duplex, triplex or quadplex. (h) Equivalent Residential Unit (ER U): means a unit of measurement of impervious surface area upon the average single family residential parcel within the City, measured in square feet (SF), and includes the residential structure, garage, driveway sidewalks, patios, out buildings and other impervious areas. (i) Impervious Area (or Impervious Surface): means a surface that has been compacted or covered with a layer of material so that it is resistant to infiltration by water and does not have a natural state of vegetative cover. Impervious areas include, but are not limited to compacted soils with a surface treatment, gravel, crushed stone or soil compacted by vehicle traffic, asphalt or concrete pavement, parking lots, driveways, sidewalks and private roadways, buildings, and other man-made structures, surfaces, or uses that change the natural surface of the land and have the effect of increasing, concentrating, polluting or otherwise altering Stormwater runoff from that experienced under natural vegetative conditions. (j) Improved Parcel: means a lot or parcel that has been changed from its natural state by construction of a structure or other improvement on all or a portion of it that causes an impervious surface or change in the natural state of the vegetated soil on the parcel or property. (k) Non-Residential Property: means an improved parcel which is not a residential property, including commercial, industrial, institutional, governmental, apartments, condominiums, home owners' association and similar properties. (1) Owner: means the person(s) or entity(ies) identified as the owner of a parcel in the records of the Tarrant County Appraisal District. (m) Parcel: means one or more lots or tracts, or portions of lots or tracts. (n) Residential Property: means an improved parcel upon which not more than four (4) dwelling units are constructed. (o) Service Area: means the area within the boundaries of the City. (p) Stormwater Infrastructure or Drainage Infrastructure: means the property, real, personal or mixed, that is used in providing Stormwater capacity to manage and control stormwater runoff for the drainage (stormwater) utility system, including bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, retention ponds, ditches, draws, 4 of 16 10/9/2008 creeks, 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 Stormwater runoff away, collect, store or treat the Stormwater runoff, or divert the Sormwater runoff into natural or artificial watercourses. "Drainage infrastructure" has the same meaning as "Stormwater infrastructure." (q) Stormwater Only Account: means a utility billing account established for the sole purpose of billing applicable drainage (Stormwater) utility fees where other utility services are provided privately or through suppliers other than the City or its contractors. (r) Stormwater Operations and Maintenance Expenditures: means any expenditures that are required to finance, operate and maintain Stormwater infrastructure including debt service, equipment, personnel, educational and administrative expenditures. (s) Stormwater Runoff Potential: means relative potential for causing Stormwater runoff quantities, velocities or qualities from a parcel based on the type of structures, development, land use, and impervious area on the parcel and the size of the parcel. (t) Stormwater Utility Fee or Drainage Utility Fee: means the charge, including interest and penalties, charged to and paid by the owner or customer of a benefitted property for drainage (sormwater) services provided by the drainage (sormwater) utility system, including but not limited to the items described in the definition of "cost-of-service" in Section 402.044(2) of the Act. "Stormwater utility fee" and "drainage utility fee" shall have the same meaning. (u) Stormwater Utility System or Drainage Utility System: means the drainage (Stormwater) utility system owned or controlled, in whole or in part by the City, including the City's existing Stormwater facilities, materials and supplies and any Sormwater facilities, materials and supplies hereafter constructed or utilized, and dedicated to the service of benefitted property, and including provision for additions to the system. The "Stormwater utility system" and the ``drainage utility system" shall have the same meaning. (v) Wholly Sufficient and Privately Owned Stormwater System: means land and facilities owned and operated by a person or entity other than the City and from which Stormwater does not discharge under any storm frequency event or conditions into a creek, river, slough, culvert, channel or other infrastructure that is part of the City's drainage (Sormwater) utility system. Section 86-142 Purpose. The City hereby reaffirms its adoption of the Act for operation of a drainage (Sormwater) utility system to serve the City, which boundaries shall be the boundaries of the City. The City declares the drainage (Sormwater) utility system to be a public utility and further finds and declares that the City shall: 5 of 16 10/9/2008 (a) establish a schedule of drainage (stormwater) charges against all real property in the City subject to charges under the Act; and (b) provide drainage (stormwater) facilities and services for real property in the City on payment of drainage (stormwater) charges, except such real property which may be exempted therefrom as authorized by law; and (c) offer such drainage (stormwater) service on non-discriminatory, reasonable and equitable terms. Section 86-143 Program Administration and Implementation. (a) Duty of Director of Public Works. It shall be the duty of the Director of Public Works to administer the drainage (stormwater) utility system. The Director of Public Works shall keep an accurate record of all properties benefitted or served by the drainage (stormwater) utility system and the drainage (stormwater) utility fee charged for each parcel or portion of a parcel. The record may be maintained within the City's utility billing system or in other recordkeeping systems that may be developed. (b) Program Implementation. By the adoption of this Ordinance, the City makes no representation that all of drainage (stormwater) problems will be remedied. The City Council is given full discretion in establishing the time and quantitative priorities in expending funds on a reasonable basis as the same becomes available to meet the stormwater needs of the City. The adoption of this Ordinance shall not be construed to relieve private land owners, developers or other individuals or entities from providing stormwater improvements pursuant to the ordinances of the City and the laws of this state which relate to stormwater or stormwater improvements. Further, the City does not waive any immunity granted under any law. (c) Access to Benefitted Properties. Employees of the City shall have access, at all reasonable times, to any benefitted properties served by the drainage (stormwater) utility system for inspection or repair or enforcement of the provisions of this Ordinance and the Act. Section 86-144 Establishment of Drainage (Stormwater) Utility Fee and Billing. (a) Stormwater Utility Rate Classes. A drainage (stormwater) utility fee is established, and the fee shall be imposed on each benefitted property within the City for services and facilities provided by the drainage (stormwater) utility system. For purposes of imposing the drainage (stormwater) utility fee, all eligible parcels within the City are classified into the following categories: 1. Residential; and 2. Non-Residential. 6 of 16 10/9/2008 (b) Responsible PartX. 1. The drainage (stormwater) utility fee shall be billed monthly along with other utilities provided to the property, including water, wastewater or refuse (or garbage) services. 2. The bill imposing the drainage (stormwater) utility fee will be mailed to the customer who is currently established as the responsible party for water, wastewater and/or refuse service for the parcel. The customer recorded in the City utility billing system will be responsible for payment of the fee, regardless of whether such customer is the owner of the property. 3. When there is no active customer account recorded in the City utility billing system for an improved parcel for water, wastewater, refuse or other utility service, or the improved parcel is otherwise considered by the City to be vacant, either on a temporary or permanent basis, or when an improved parcel is not served by other City utility services for any reason, the City may establish a "stormwater only account" and bill the owner of the parcel for the drainage (stormwater) utility fee, and the owner will be responsible for payment of the fee. (c) Revision of Rates. The City Council shall establish the rates for the drainage (stormwater) utility fee by ordinance. The City Council may review the schedule of rates at any time and may, by ordinance, increase or decrease the rates within the schedule, upon a determination that said increase or decrease is warranted. (d) Billing Procedures and Policies. 1. Any partial payment of the drainage (stormwater) utility fee will be applied against the amount due in accordance with the policies and procedures established by the City with regard to all utility services provided by the City. 2. A late charge and interest may be imposed in accordance with the policies and procedures established by the City with regard to all utility services. (e) Non-Pa.~ment. In addition to any other remedies or penalties provided by law or in this Article, failure of a customer or owner to pay the charges of the drainage (stormwater) utility system promptly when due shall subject such customer or owner to discontinuance of any utility services provided by the City and/or placement of a lien against the property. The City may file suit to recover any charges due hereunder, together with maximum interest, attorney's fees and other costs and charges that may be allowed by the Act or other law, which is not paid when due. Section 86-145 Calculation of Drainage (Stormwater) Utility Fees. (a) Rates in Accordance with Act. The drainage (stormwater) utility fee shall be established in accordance with the provisions of the Act and this Section. 7 of 16 10/9/2008 (b) Fee Calculation. The drainage (stormwater) utility fee shall be based on an inventory of parcels within the City which evaluates the stormwater runoff potential on those parcels and establishes a rate for each class of property. The drainage (stormwater) utility fee shall be set to recover the cost-of-service that has been established for the drainage (stormwater) utility system in a fair and equitable manner, and if so determined by the City Council, an amount to establish one or more funds to provide financing for future stormwater system construction and for implementing programs to improve stormwater quality. The proportional stormwater runoff potential for each class shall be distributed equitably between classes and among the parcels in each class in proportion to the relative contribution of stormwater runoff from each class, pursuant to the calculation methodology selected by the City Council. The fee calculation shall be based on the square feet of impervious area utilizing an established size for an equivalent residential unit (ERU). (c) Stormwater Runoff Potential. For purposes of establishing the stormwater runoff potential on parcels within each rate class, the impervious area for parcels shall be inventoried from information established by Tarrant County Appraisal District, from Geographic Information System records, and from aerial photography, site plans or plats available for properties within the City. The impervious area measured in square feet as obtained from these database sources, site plans or other survey or engineering calculations shall be used to establish the relative stormwater runoff potential for each rate class and among parcels within each rate class. Section 86-146 Appeal. (a) Appeal of Issues relating to Drainage (Stormwater Utility Fees to the Director of Public Works. An owner or customer may appeal any decision or action of the City under this Article to the Director of Public Works. The Director of Public Works shall evaluate all appeals based on the provisions of this Article, the applicable rate Ordinance, and other applicable law. (b) Appeal Process. 1. A person desiring to appeal the fee determination to the Director of Public Works shall file a notice of appeal in writing with the Director of Public Works within fifteen (150 days of being notified of the fee determination. The notice of appeal must set forth in detail the grounds upon which relief is sought and include all documentation supporting the appeal. The Director of Public Works may decide the appeal based upon the notice of appeal and supporting documentation presented and the information contained in the City's file and any other information relied upon by the City in the original fee determination. No evidence not included with the notice of appeal will be considered, and no hearing will be held, unless the Director of Public Works determines in the Director's sole discretion that an informal hearing would assist the Director in determining the merits of the appeal, in which case the Director shall provide at least three (3) business days written notice to the appellant of a date and time for such 8 of 16 10/9/2008 informal hearing. In any case, the Director of Public Works shall decide on the appeal based upon a preponderance of the evidence. 2. Until October O1, 2009, the Director of Public Works shall issue a decision on the appeal within one hundred twenty (120) days from the date that the Director of Public Works receives the appeal. If the Director of Public Works determines an adjustment is warranted, the Director shall authorize an adjustment which shall be prospective and retroactive for one (1) year prior to the receipt of the appeal. 3. Beginning on October O1, 2010, the Director of Public Works shall issue a decision on the appeal within thirty (30) days from the date that the Director of Public Works receives the appeal. If the Director of Public Works determines an adjustment is warranted, the Director shall authorize an adjustment which shall be prospective and shall also be retroactive to the date of receipt of the appeal. 4. The Director of Public Works shall issue a written decision on an appeal. (c) Supporting Information for Appeal. The appellant may be required, at the appellant's cost, to provide supplemental information to the Director of Public Works, including but not limited to survey data sealed by a Texas licensed professional land surveyor, engineering reports sealed by a Texas licensed professional engineer qualified in civil engineering, or other documentation that the Director of Public Works deems necessary to properly evaluate the appeal. If so requested, the appellant shall provide such information within thirty (30) days of such request, and the deadline for determination of the appeal will be extended accordingly. Failure to provide requested information in a timely manner may be considered by the Director of Public Works in determining the appeal, and shall be sufficient grounds for denial of the appeal. (d) Appeal of Issues relating to Drainage (Stormwater) Utility Fees to the City Council. 1. An owner or customer may appeal the following decisions of the Director of Public Works to the City Council: a. the applicability of a drainage (stormwater) utility fee for a parcel; b. the calculation of applicable stormwater runoff potential for a parcel; c. the calculation of the drainage (stormwater) utility fee for a parcel; or d. the discontinuance of utility service, filing of a lien, or other legal actions for non- payment of drainage (stormwater) utility fees. 2. In order to appeal, the owner or customer shall file a written appeal to the City Council with the City Secretary within fifteen (15) days following receipt of the Director of Public Works' decision that is being appealed. The City Council shall hear the appeal within sixty (60) days of receipt of the appeal by the City Secretary. Notice of the hearing shall be mailed to the address given in the appeal form or, if no address is given, to the address on the utility billing statement at least fifteen (15) days prior to the hearing. 9 of 16 10/9/2008 3. Any appeal shall be governed by the following rules and procedures: a. Such appeal shall be set as an item on the regular City Council agenda. b. At the hearing of the appeal, the City Council may consider facts or evidence as the City Council determines is appropriate. The Director or Administrator shall present the facts and evidence relied upon by the Director of Public Works and the reasons for the ruling; the appellant shall then have an opportunity to present the facts and evidence relied upon by the appellant; the City Council shall then consider any facts or evidence from the public or other interested persons. The City Council may ask questions of the Director, the appellant, or any other interested persons as the City Council determines is appropriate. The City Council may limit the time for any presentation in its sole discretion, and may continue the hearing to a subsequent meeting at the Council's discretion. Upon the conclusion of the hearing, the City Council may render its decision or it may take the appeal under advisement and make or render its decision on the appeal within thirty (30) days of the hearing. Any appeal shall be determined by majority vote of the members of the City Council then present at a meeting of the Council. The City Council's decision shall be final. c. Written documents or evidence which any party, including the Director, wishes to submit must be filed with the City Secretary and submitted to the City Council no less than three (3) business days prior to the appeal hearing. Any interested party may review any documents so submitted prior to the hearing upon request, during normal business hours. The owner or customer may submit a report describing the basis for the appeal prepared by a Texas licensed professional engineer qualified in civil engineering. The failure to submit such a report shall be considered in determining whether the applicant has met the burden of proof and shall be sufficient grounds for denial of the appeal. d. The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the determination of the value of the fee was not calculated according to the applicable stormwater fee schedule or the methodologies established in this Article. e. No appeal for the same or related issue on the same piece of property shall be allowed from a previous ruling on any appeal absent a material change of circumstances. If the appellant asserts such a change of circumstances and seeks rehearing of an appeal, such appeal need not be considered unless the Applicant presents in writing evidence establishing such change of circumstances. Any such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought. f. If the appeal is accompanied by a bond or other sufficient security satisfactory to the City Attorney in an amount equal to the original determination of the drainage (stormwater) utility fee due, any discontinued utility services may be reinstated 10 of 16 10/9/2008 while the appeal is pending. The City Council shall apply the standards and review criteria contained in this Article. Section 86-147 Collection and Lien Procedures. (a) Termination of Utility Service. The City shall keep an itemized account of the amounts owed pursuant to this Ordinance. If any account is not paid within forty-five (45) days of the date billed, the City shall send notice to the customer, the City will send notice of intent to terminate utility services within seven (7) days of the date of the letter, and if the customer fails to pay the amount owed or make other arrangements satisfactory to the City, the City is authorized to terminate utility services pursuant to its normal and customary business practices. (b) Notice of Intent to Place Lien. If any amount is not paid within sixty (60) days of the date billed, the City shall send notice to the owner both at the property address and at the billing address maintained by the Tarrant Appraisal District. Such notice shall contain the following information: 1. The name and address of the customer to whom utility bills were sent pursuant to this Article III; 2. The street address and a legal description of the real property on which the building is or was located; 3. A statement of charges and the balance due, including any late charges and administrative fees incurred; and 4. A statement that the charges are unpaid and delinquent, and that if not paid within thirty (30) days, a lien will be placed upon the premises. (c) Appeal of Notice of Intent to Place Lien. The owner may appeal the decision to impose the lien on the property to the Director of Public Works by filing a written notice of appeal as provided in this Article. If such an appeal is filed, either with the Director of Public Works or the City Council, the filing of the notice of lien pending the decision on such appeal. (d) Notice of Lien Filed in County Records. If full payment or a notice of appeal and sufficient bond guaranteeing payment in form acceptable to the City as provided herein is not received by the City within fifteen (15) days of such notice, if no appeal of such notice is pending, the City Secretary shall file a Notice of Lien in the deed records of the county in which the premises are located. Such notice shall contain the following information: 1. The name and address of the customer to whom utility bills were sent pursuant to this Article III and the name and address of the owner of the property; and 11 of 16 10/9/2008 2. The street address and a legal description of the real property on which the building is or was located; and 3. An itemized statement of charges and the balance due, including any late charges and administrative fees incurred. (e) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the Notice of Lien shall be a personal obligation of both the customer and the owner and shall constitute a priority lien against the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner of the property to recover the costs incurred by the City. (f) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant County, Texas, the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens, existing special assessment liens, and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (g) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is released by the City. (h) Release of Lien. After the expenses incurred by the City, as set forth in the Notice of Lien have been fully paid with interest of ten percent (10%) per annum, the City Secretary shall execute a release of lien which shall be filed in the Deed Records of Tarrant County, Texas. Section 86-148 Termination of District. If, after at least five (5) years of substantially continuous operation of the drainage (stormwater) utility system, the City Council determines that the drainage (stormwater) utility system should be discontinued, the powers under the Act should be revoked, and the provision for financing municipal Stormwater costs should be made by using other revenues, the City Council may adopt an ordinance that in effect, after providing notice and a public hearing as required by the Act, discontinues the drainage (Stormwater) utility system. Section 86-149 Drainage (Stormwater) Utility Fund (a) Drainage (Stormwater) Utility Fund. A drainage (Stormwater) utility fund is established and may consist of one or more accounts. All drainage (stormwater) utility fees shall be deposited as collected and received into this fund, and shall be used exclusively for drainage (Stormwater) services as provided in the Act, including but not limited to the following: 1. The cost of the acquisition 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; 12 of 16 10/9/2008 2. The cost of the acquisition, construction, repair and maintenance of structures, equipment and facilities used in draining the benefitted property; 3. The 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, designing, providing, or determining the feasibility and capability of structures, equipment and facilities used in draining the benefitted property; 4. The cost of all machinery, equipment, furniture and facilities necessary or incident to the provision and operation of draining the benefitted property; 5. The cost of funding and financing charges and interest arising from construction projects and the start-up cost of a stormwater facility used in draining the benefitted property; 6. The cost of debt service and reserve requirements for funding of stormwater infrastructure, equipment and facilities paid with revenue bonds or other securities or obligations issued by the City and supported by pledge of stormwater revenues including any fees and expenses incidental thereto; 7. The cost of constructing, sampling, monitoring, building, inspecting and maintaining structures needed for the State's regulation and permitting requirements imposed on the City for providing stormwater quality improvements for the benefitted property; and 8. The administrative costs of the drainage (stormwater) utility system. (b) Draina~Stormwater) Utility Fund Accounting. 1. The City shall clearly account for revenues and expenditures authorized for operation of the drainage (stormwater) utility system. 2. The revenues collected from drainage (stormwater) utility fees shall be segregated and completely identifiable from other City funds and accounts. 3. Funds and revenues in the drainage (stormwater) utility fund may be transferred to the City's general fund as allowed by law. (c) Drainage (stormwater) Service Deposit. A deposit shall not be charged for initiation or continuation of stormwater utility service. Section 86-150 Exemptions. (a) Exemptions. The following entities or persons shall be exempt from payment of the fees established by this Ordinance: 13 of 16 10/9/2008 1. State Government Entities. A state governmental entity listed below, and a parcel in which such a state governmental entity holds a freehold interest: a. the State of Texas; and b. a State agency; 2. Institutes of Higher Education. A public or private institution of higher education; 3. The City; and 4. Undeveloped Property Exemption. Any property to which a mandatory exemption under Section 402.053 of the Act applies, including without limitation: a. property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency event or conditions to waterways controlled or maintained by the City; and b. 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 City for maintenance; and c. a subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has been issued, or the City has taken another official action to release the property for occupancy or use. (b) Proof of Exemption. If the owner of property asserts that such property is exempt pursuant to this Section or any other applicable law, such property owner has the burden to assert such exemption by filing notice of eligibility for such exemption and sufficient evidence of entitlement to such exemption with the Director of Public Works. If the exemption is not granted, the owner may appeal using the procedures for appeal provided in this Article. SECTION 2. PROVISIONS CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. 14 of 16 10/9/2008 SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 Article of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued 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 5. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this Ordinance and the exhibits to this Ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this Ordinance and the exhibits to this Ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. 15 of 16 10/9/2008 SECTION 8. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS I AY OF a. ~ , 2008. HONORABLE DAVID GAN, MAYOR ATTEST: ~~~~~iiiuuu~uiii \ \ \ , , ~ ~ H L ~ N p y l , , / / D CANTU, CITY SECRETARY ~ ~ • ~ • v / _ :"a EFFECTIVE TE: ~ ~ ~0 O ~ • y AP ROV D A TO RM AND LEGALITY: ~~~~~~~~~riinni~~~1~~~~\\ TIM G. SRALLA, CITY ATTORNEY 16 of 16 10/9/2008