G-10-11-23-10B4 - 11/23/2010ORDINANCE NO. ( "10' ii— 2(v &
AN ORDINANCE AMENDING CHAPTER 44, "CODE OF
ORDINANCES, CITY OF ROUND ROCK, TEXAS," BY ADDING
SECTION 44-344 TO ARTICLE XI, LEVYING A SCHEDULE OF
DRAINAGE CHARGES FOR THE MUNICIPAL DRAINAGE
UTILITY SYSTEM; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS
WHEREAS, the City Council of the City of Round Rock, Texas previously
adopted Texas Local Government Code, Chapter 552 entitled "Municipal Utilities,"
Subchapter C entitled "Municipal Drainage Utility Systems," Section 552.041 et seq. (the
"Act'); and
WHEREAS, the City Council established a Municipal Drainage Utility System
(herein referred to as the "Drainage Utility") within an established service area in
accordance with the Act, such system to collect and direct storm water runoff for
benefitted properties within the utility service area upon payment of Drainage Utility
Charges; and
WHEREAS, after holding a statutorily -mandated public hearing, the City
Council desires to levy a schedule of Drainage Utility Charges for such Drainage Utility;
and
WHEREAS, the City Council finds that the Drainage Utility Charges are
nondiscriminatory, reasonable, and equitable; and
WHEREAS, the City Council finds that, in setting the Drainage Utility Charges,
such charges are based on an inventory of improved parcels within the utility service
area; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 44, "Code of Ordinances, City of Round Rock, Texas," is hereby
amended by adding section 44-344 to Article XI which shall read as follows:
O:\wdox\SCClnts\0112\ 1005\MUNICIPAL\00206945. DOC
Sec. 44-344. Levy of Drainage Utility Charges.
(a) Establishment and levy of Drainage Utility Charges. The City does
hereby establish Drainage Utility Charges as set forth herein. Drainage Utility Charges
shall be levied against all benefitted properties within the utility service area unless
exempt by statute and/or ordinance.
(b) Fee calculation.
(1) Drainage Utility Charges calculation. Drainage Utility Charges
shall be calculated based on the total storm water runoff potential
for benefitted properties for all customers within the utility service
area. The total storm water runoff potential shall be measured as
impervious areas in square feet (SF).
(2) Drainage Utility Charges. The total storm water runoff potential
for the service area shall be allocated between the customer classes
based on the relative amount of impervious area in each class
established by ordinance.
(3)
a. Residential Property Class. Drainage Utility Charges for
the residential property class of customers shall be as
follows:
1. A monthly, flat -rate fee per an equivalent residential
unit (ERU) or;
2. One flat -rate ERU fee per dwelling unit on a
residential parcel.
3. The flat -rate fee is established in the fee schedule
listed herein in Section 44-344(b)(3)a.
4. The monthly Drainage Utility Charge is based on
the average impervious area for an ERU, which is
two thousand nine hundred square feet (2,900 SF).
b. Non-residential Property Class. A Drainage Utility Charge
for each improved non-residential property or allocated
portion of an improved non-residential property shall equal
the product of impervious area in square feet (SF) times the
Drainage Utility Charge established in the rate schedule
listed herein in Section 44-344(b)(3)b.
Schedule of monthly fees and rates. The monthly Drainage Utility
Charge shall be as follows:
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a. Residential Units. The monthly Drainage Utility Charge
for each residential dwelling unit or ERU shall be as
follows:
Effective Date Monthly Fee
March 1, 2011 $2.75
b. Non-residential Units. The monthly Drainage Utility
Charge for the impervious area measured in square feet on
each non-residential parcel shall be as follows:
Effective Date Rate (per ERU)
March 1, 2011 $2.75
(c) Applicability. This section shall be applicable to any owner or user of a
benefitted property, within the utility service area, to which storm water drainage service
is provided either directly or indirectly.
(d) Revision of rates. The City Council reserves the right to review the
Drainage Utility Charges at any time and may, by ordinance, increase or decrease the
Drainage Utility Charges within the schedule upon a determination that the increase or
decrease is warranted.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during which
this ordinance and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
3
READ and APPROVED on first reading this the 9- day of
NGVeAli.L- , 2010.
READ, APPROVED and ADOPTED on second reading this the 2,Vii day of
)40RAWL e --r— , 2010.
ATTEST:
l?.Ynv1. • tket4t'
SARA L. WHITE, City Secretary
4
yli /L__ -
ALAN McGRAW, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. *1064.
City Council Agenda Summary Sheet
Consider an ordinance amending Chapter 44, Code of Ordinances, to add Section 44-344
levying a schedule of drainage charges for a Municipal Drainage Utility System. (Second
Agenda Caption: Reading)
Meeting Date: November 23, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Alysha Girard
Assistant City Engineer
Item Summary:
The City is facing increasing demands for effectively managing storm water runoff due to development and
compliance with federal and state regulations. Our drainage system requires consistent funding to ensure regulatory
compliance, environmental reservation and – most importantly – protection of life and property from flood damage.
A Drainage Utility – where residents and businesses pay a monthly fee to fund the system – is a recognized best
practice throughout the country and used by more than 60 Texas cities. Currently, the drainage system is the only
infrastructure system without a dedicated funding source for repairs and capital improvements. As the demand and
subsequent expenses of providing storm water drainage services continue to rise due to growth and compliance
with state and federal regulations, it is more important than ever to ensure a fair and equitable distribution of costs.
A Drainage Utility meets the Community's financial objectives in two important ways. First, it aligns with our
adopted financial policy which has a primary objective to reduce General Fund reliance on volatile sales tax revenue
to fund basic services. Second, it aligns with our citizens' preference for user -fee-based program funding, where
service costs are paid for by those who use and benefit the most.
On September 23, Council adopted the City's Operating Budget that anticipated the creation of the Drainage Utility.
The 2010-2011budget established a fund and allocated the current expenditures associated with operating and
maintaining the storm water program – just over $1.6 million.
Strategic Plan Relevance:
Public Health and Safety Strategic Initiative— Priority Goal: Provide for effective management of Storm Water.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): October 28, 2010
Recommended Action: Approval