Item 7PCity of Southlake, Texas
MEMORANDUM
October 17 2006
TO: Shana Yelverton, City Manager
FROM: Robert H. Price, P.E., Director of Public Works, x8097
SUBJECT: Ordinance No. 901, 2 nd Reading, Establishing Monthly Stormwater Utility Fees
for the purpose of Funding Stormwater (drainage) Projects as authorized by law.
SECOND PUBLIC HEARING.
Action Requested: City Council to conduct Public Hearing relative to establishing rates to be
charged under the proposed Stormwater (Drainage) Ordinance No. 900;
and approve Ordinance No. 901 on 2 nd reading establishing Monthly
Stormwater Utility Fees for the Purpose of Funding Stormwater (drainage)
Projects as authorized by law.
Background
Information: The purpose of the Storm Water Utility is to create an Enterprise fund that
will generate revenue to fund drainage projects throughout the city. This
Utility (SWUS) will address existing flooding, future development, and
water quality issues. As of 2005, there were 38 other cities in the North
Texas area with established storm water utilities.
Southlake's Storm Water consultant, Palmer Price, Inc., working closely
with city staff since 2003, has identified $ 51,915,656 worth of drainage
projects city wide. These projects were identified through a combination
of citizen web surveys, the city's work order system, and review of critical
structures. These projects were categorized as localized, primary or
secondary depending on their severity. Factors such as the likelihood of
flooding, amount of flooding, erosion and cost were all considered.
Financial
Considerations: The City Council directed staff to establish a residential rate per month of
$8.00. In addition, Council directed staff to establish exemptions for
senior and disabled citizens.
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I
Shana Yelverton, City Manager
10/11/2006
Page 2 of 2
Citizen Input/
Board Review:
SPIN Team Leaders Meeting
September 12, 2006
1" Printing of Ordinance in Newspaper
September 13, 2006
2nd Printing of Ordinance in Newspaper
September 20, 2006
3 Printing of Ordinance in Newspaper
September 27, 2006
City Council - Ordinance — 1 St Reading
October 3, 2006
City Council - Ordinance — 2nd Reading
October 17, 2006
Billing database upload /new Storm Water
October 31, 2006
Manager hired and on -site
Customer Service Training
November 8, 2006
1 St Storm Water bill mailed
November 15, 2006
Legal Review:
The Storm Water Ordinance has been reviewed and approved by the City
Attorney's Office.
Alternatives:
Approve or Deny.
Supporting
Documents:
Ordinance No. 901.
Staff
Recommendation: Staff recommends that City Council authorize a Stormwater Fee equal to
$8.00 (in a $0.50 increment) per residential parcel per month by approving
Ordinance No. 901.
Staff Contact: Robert H. Price, P.E., x8097
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ORDINANCE NO. 901
AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING
MONTHLY STORMWATER UTILITY FEES FOR THE PURPOSE OF
FUNDING STORMWATER (DRAINAGE) PROJECTS AS AUTHORIZED
BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, within the City of Southlake 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 has adopted Ordinance No. 900, the Stormwater Utility
Ordinance, creating a stormwater (drainage) utility system for the purpose of providing stormwater
service for real property in the proposed service areas upon payment of stormwater charges (except
real property that is exempt from such charges), and offering stormwater service on
nondiscriminatory, reasonable and equitable terms; and
WHEREAS, the City Council now desires to levy a schedule of stormwater charges for
stormwater services to provide stormwater infrastructure, which the City Council finds is
nondiscriminatory, reasonable and equitable; and
WHEREAS, in setting the schedule of charges for stormwater service, the City reviewed an
inventory of the lots and tracts within the City and the area and development of the benefitted
properties; and
WHEREAS, it is the intent of the City to fund a stormwater utility system that fairly and
equitably allocates the cost of stormwater control to properties in proportion to stormwater runoff
potential for each type of property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION I.
The City Council hereby establishes the stormwater utility fees as set forth herein.
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. These fees shall be imposed
and issued with utility billing statements issued on and after November 1, 2006.
SECTION II.
Stormwater utility fees 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
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feet (SF). The total stormwater runoff potential 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.
A. Stormwater utility fees for residential property, as defined in the Stormwater Utility Ordinance
900, shall be calculated for each dwelling unit at the following flat rate per dwelling unit:
Residential Parcel: Fee = $ 8.00 per dwelling unit per month
B. Stormwater utility fees for non - residential property, shall be calculated for each improved
parcel based upon the stormwater runoff potential on each parcel measured as impervious area
in square feet (SF) at the following rate:
Non - Residential Parcel: Fee = Allocated Impervious Area on the Parcel(s) in square
feet (SF) X $0.00125 / SF/ month.
SECTION III.
A. The stormwater utility fee for a parcel will be billed to the owner or customer who receives the
water, sewer or solid waste billing for the parcel, as recorded in the City's utility billing system.
B. The fee for a non - residential parcel which has multiple or shared utility billing accounts may be
allocated to each utility billing account in proportion to the percentage ( %) of the impervious
area that is allocated for use by each Owner or Customer compared to the total impervious area
on the parcel.
C. Where an improved parcel is not occupied by a customer that may use water, wastewater, solid
waste or other utility service and considered by the City to be vacant, either on a temporary or
permanent basis, the City may bill the owner of the parcel for the stormwater utility fee.
D. Where the City does not bill water, wastewater or solid waste service to an owner or customer,
the City is hereby authorized to establish a "stormwater only account" and to bill the stormwater
utility fee to either the owner or customer, as the Director determines is appropriate.
SECTION IV.
All stormwater utility fees shall be deposited in the stormwater utility fund created under the
Stormwater Utility Ordinance.
SECTION V.
The stormwater utility fee will be utilized to fund stormwater projects, equipment, personnel
and other costs authorized in Section 402.044(2) of the Texas Local Government Code and the
Stormwater Ordinance.
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SECTION VI.
This Ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED on First Reading on this day of
ATTEST:
Lori Farwell, City Secretary
Andy Wambsganss, Mayor
2006.
PASSED AND APPROVED on Second Reading on this day of , 2006.
ATTEST:
Lori Farwell, City Secretary
Approved as to form and legality:
City Attorney
Andy Wambsganss, Mayor
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