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HomeMy Public PortalAboutOrdinance No. 1372-18 12-10-2018CITY OF RICHLAND HILLS ORDINANCE NO. 1372-18 AN ORDINANCE OF THE CITY OF RICHLAND HILLS ESTABLISHING MONTHLY DRAINAGE (STORMWATER) UTILITY FEE5 FOR THE PURPOSE OF FUNDING DRAINAGE (STORMWATER) UTILITY IMPROVEMENTS AS AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, within the City of Richland Hills there is an existing stormwater system which has been developed over a number of years for the purpose of collecting and disposing of stormwater runoff; and WHEREAS, the present system is inadequate to control and manage stormwater runoff and quality within the City limits; and WHEREAS, the City Council previously adopted Ordinance No. 692-93, the stormwater Utility Ordinance, as amended by Ordinance 1121-08, now codified as Article III of Chapter 86 of the City Code, setting forth the operational policies of its drainage (stormwater) utility system for the purpose of providing drainage (stormwater) service for real property in the proposed service area upon payment of drainage (stormwater) utility charges (except real property that is exempt from such charges), and offering drainage (stormwater) utility service on nondiscriminatory, reasonable and equitable terms; and WHEREAS, notice has been published and public hearings have been held as required by Subchapter C of Chapter 552 of the Texas Local Government Code; and WHEREAS, the City Council now desires to levy a schedule of drainage (stormwater) utility charges for stormwater utility services, which the City Council finds is nondiscriminatory, reasonable and equitable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. APPLICABILITY OF STORMWATER UTILITY FEES The City Council hereby establishes the drainage (stormwater) utility fees as set forth herein. Drainage (stormwater) utility fees will be levied against all real property in the established service areas except real property that is exempted in the stormwater Utility Ordinance, Article III of Chapter 86 of the Richland Hills City Code. These fees shall be imposed and issued with utility billing statements issued on and after January 1, 2019. SECTION 2. CALCULATION OF STORMWATER UTILITY FEE (a) Stormwater Utility Fee Calculation. The drainage (stormwater) utility fees contained herein shall be included in and become part of the City Fee Schedule contained as Appendix A to the City Code and shall be calculated based on the total stormwater runoff potential for improved parcels for each customer class within the City measured as impervious area in square feet (SF). The monthly stormwater fee calculation is based on the average impervious area of 2,600 SF for an equivalent residential unit (ERU). (b) Stormwater Utilit,~ The total stormwater runoff potential for the service area shall be divided into the two (2) customer classes of residential and non-residential based on the relative amount of impervious area in each class. Residential Propert.~ees. Drainage (stormwater) utility fees for residential property, as defined in the Stormwater Utility Ordinance, Article III of Chapter 86 of the City Code, shall be calculated as: a. A monthly flat rate fee per equivalent residential unit (ERU). b. One (1) flat rate ERU fee will be charged for each dwelling unit on each residential parcel. c. The flat rate fee to be charged is established in the schedule of charges include in section (c) below. 2. Non-residential Propert.~Fees. Drainage (stormwater) utility fees for each improved non-residential property or allocated portion of a property shall be calculated based on the impervious area in square feet (SF) at the rate established in the schedule in section (c) below. (c) Schedule of Monthly Drainage (Stormwater) Utility Fees. The monthly drainage (stormwater) utility fees, as defined in the Stormwater Utility Ordinance, Article III of Chapter 86 of the City Code, shall be as provided below: The monthly drainage (stormwater) utility fees for each Residential dwelling unit, or ERU, as defined in the Stormwater Utility Ordinance, Article III of Chapter 86 of the City Code, shall be $8.00 beginning January 1, 2019and for each fiscal year thereafter. 2. The monthly drainage (stormwater) utility fees for the impervious area, on each Non-residential parcel, measured in square feet (SF), as defined in the Stormwater Utility Ordinance, Article III of Chapter 86 of the City Code, shall be $0.00500 per SF beginning January 1, 2019 and for each fiscal year thereafter. (d) Revision of Rates. The drainage (stormwater) utility fee may be revised by the City Council by ordinance from time to time as permitted by law. SECTION 3. 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. SECTION 4. 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 5. 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 10`h DAY OF DECEMBER, 2018. THE HONORABLE D LOPEZ, MAYOR ATTEST: i /~. V51111i1111~~J , CATHY BOU ,CITY SECR ARY ~~ ~, ~ s~ , ~••~ ~•~;~~5~,,~~f •''~%; wry ~ ~ ~ _ ~ EFFECTIVE DATE !~ / ~ `~ ~1~,~,~ ;l `~~~` ' ~ ~ " : / _ _ • ~ y ~S' \ r ' ~r~IF • '~ , • ~ APPROVED AS TO FORM AND LEGALITY: ~`; ~ ~'`:'.~ ~ "~'~ ~. . , • ~~~ , .. ; ~ s ~~' BETSY~AI~CIT~~ATTORNEY