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HomeMy WebLinkAboutAgenda 12-19-03 Web.doc A G E N D A #2323 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS FRIDAY, DECEMBER 19, 2003 AT 7:30 A.M. I. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. II. MAIN AGENDA A. PUBLIC HEARING & ORDINANCE: To establish a stormwater utility As author ized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY ADDING ARTICLE 11.1000 “MUNICIPAL DRAINAGE UTILITY” TO CHAPTER 11, “UTILITIES”; PROVIDING FOR THE REPEAL OF ALL ORDIN ANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of University Park, (“City”) has a municipal drainage utility system which the City can declare to be a public utility, pursuant to authority granted to the City by its Charter, the Texas Local Government Code and the Texas Constitution; and WHEREAS , the City will provide drainage for all real property in the C ity on payment of drainage charges, except real property exempted under Subchapter C of Chapter 402 of the Texas Local Government Code, as amended; and WHEREAS , the City will offer drainage service on nondiscriminatory, reasonable and equitable terms; and WHEREAS , the City Council of the City of University Park is authorized to establish rates to be collected for such utility through the City’s utility collections, pursuant to Section 402.048 of the Texas Local Government Code, as amended; and WHEREAS , t he City will establish a schedule of drainage charges against all real property in the proposed service area in accordance with Subchapter C of Chapter 402 of the Texas Local Government Code, as amended; and WHEREAS , notice has been given and a public hearing regarding this matter has been conducted as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 . That Chapter 11 of the Code of Ordinances of the City of University Park be, and the s ame is hereby, amended by adding Article 11.1000, to read as follows: “ARTICLE 11.1000 MUNICIPAL DRAINAGE UTILITY SEC. 11.1001. The provisions of Subchapter C of Chapter 402 of the Texas Local Government Code, as amended, the “Municipal Drainage Utility Systems Act”, are hereby adopted by the City. Accordingly, the municipal drainage utility system of the City is hereby declared to be a “public utility” as defined therein. Terms not otherwise defined herein shall be read and construed in accordance w ith the definitions contained in Chapter 402, Subchapter C, of the Texas Local Government Code, as it may be amended from time to time. Page 1 of 4 60483 SEC. 11.1002 . The City shall not require a deposit for drainage charges as a precondition to accepting surface flow from benefited property into the City’s drainage utility system. All real property of the City will be provided with drainage service on payment of drainage charges. SEC. 11.1003 . All billings, credits, and other procedures, including penalties for delin quent payments, shall be as specified and as set forth in Subchapter C of Chapter 402 of the Texas Local Government Code, as amended. The following entities are exempt from the provisions of this Article: (a) State of Texas; (b) County of Dallas; (c) City of University Park; and, (d) Highland Park Independent School District. SEC. 11.1004 . Drainage charges for all real property in the City shall be in accordance with a schedule of charges adopted by resolution of the City Council following a public hearing as requ ired by Section 402.045 of the Texas Local Government Code, as amended. Said resolution shall be an amendment to the Master Fee Resolution and shall be placed on file at the office of the City Secretary following passage and made available upon request to the public. Such charges may be changed, adjusted or readjusted by City Council resolution as required, and a current copy of such drainage charges shall be kept available at the office of the City Secretary. SEC. 11.1005 . Existing drainage facilities, materials, and supplies are incorporated into the drainage utility system. SEC. 11.1006 Drainage service will be provided on nondiscriminatory, reasonable, and equitable terms. SEC. 11.1007 Any charge due hereunder which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by law, failure of a user of the drainage utility to pay the charges promptly when due shall subject such user to discontinuance of any utility services pr ovided by the City. City employees shall have access, at all reasonable times, to any benefited property served by the drainage utility for inspection or repair or for the enforcement of this Article. SEC. 11.1008 There are adopted hereby and incorporated by reference “ Municipal Drainage Utility Policies and Procedures” for the City of University Park, attached as Exhibit “A” to the ordinance adopting this Article 11.1000. These are rules considered appropriate to provide for calculation of the drain age charges and operate the drainage utility system and may be amended from time to time by appropriate ordinance.” SECTION 2 . That any ordinance of the City of University Park in conflict with any provision of this Article be, and the same is hereby, repealed. SECTION 3. Should any word, phrase, sentence, section or subsection of this ordinance be held to be void, unconstitutional or unenforceable, the same shall not affect the validity of the remaining portions of said ordinance, which shall remai n in full force and effect. Page 2 of 4 60483 SECTION 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 19th day of December 2003. APPROVED: _______________________ HAROLD PEEK, MAYOR ATTEST: _______________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: __________________________ CITY ATTOR NEY Page 3 of 4 60483 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY ADDING ARTICLE 11.1000 “MUNICIPAL DRAINAGE UTILITY” TO CHAPTER 11, “UTILITIES”; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City o f University Park, Texas, on the 19th day of December 2003. APPROVED: ________________________________ HAROLD PEEK, MAYOR ATTEST: ________________________________ NINA WILSON, CITY SECRETARY Page 4 of 4 60483 EXHIBIT “A” TO ORDINANCE ADOPTING ARTICLE 11.1000 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, THE MUNICIPAL DRAINAGE UTILITY SYSTEM MUNICIPAL DRAINAGE UTILITY POLICIES & PROCEDURES Section 1.01 Scope (1) The purpose s of the policies and procedures contained herein are: a. To provide policies and procedures for effective management and financing of a drainage utility system within the City; b. To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of storm water runoff and the correction of storm water problems; and c. To provide a method of determining and implementing municipal drainage utility service charges based on each property's contribution of storm water runoff to the system and use and benefit of services and facilities. (2) In order to accomplish these purposes, a drainage utility service charge shall be made on each parcel in the City. (3) The service charges shall be fair and re asonable and bear a substantial relationship to the cost of providing service and facilities, in that similar properties shall pay similar service charges. Rate studies may be conducted periodically to ensure the equity of the service charges. The City's Public Works Advisory Committee shall serve as the Drainage Utility Review Committee . The Review Committee's functions may include, but not be limited to, an appeal process to review charges which persons consider unjust or inequitable and to make recommendations for changes. Subject to review and approval by the City Attorney or his designee, the Public Works Director is authorized to adopt and promulgate policies and procedures for the Drainage Utility Review Committee and appeal process. Section 1.02 Definitions The words and phrases used herein shall b e defined as follows, unless the context clearly indicates or requires a different meaning: (1) Abatement - any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a drainage system. (2) Approved plans - plans approved under the University Park City Code. (3) Architect or architect, registered - a person holding a certificate under the appropriate Texas statutes and codes. 60545 (4) City Manager - a person whose duties include general supervision and direction of the operation and ad ministration of all departments, offices and bureaus of the City, with the exception of the Office of the Mayor and the Offices of City Council Members. (5) City - the City of University Park, Texas. (6) Council - the City Council of the City of University Park. (7) C ounty - Dallas County, Texas. (8) Director - the Director of Public Works, or his designee. (9) Developer - a person, firm, partnership, corporation, or other business entity that excavates, fills, or builds structures, or otherwise improves or develops a specific parcel or tract of land. (10) Drainage Code, or Code - the Municipal Drainage Utility article of Chapter 11 of the City Code. (11) Engineer, professional - a person holding a certificate under the appropriate Texas statutes and codes. (12) Existing - present or in effec t as of the time of the adoption of this Article. (13) Equivalent Residential Unit (ERU) - a unit of measure which provides a basis for comparing the runoff generated by one parcel with that generated by another. An ERU is defined as the weighted average of imp ervious area for all single family and multifamily residential units in the City. The average impervious area is determined to be 4,500 square feet, and the average shall be used for the purpose of all such computations. To compute the ERU's for any parcel , divide the parcel's impervious area by 4,500. The ERU shall be used as the basis for computing monthly charges on residential and non - residential properties. (14) Facilities - various drainage works, including but not limited to inlets, conduits, manholes, en ergy dissipation structures, channels, outlets, retention/detention basins, and other structural components of this nature. (15) Impervious area - surface areas on or in a parcel of real property, which prevents or severely restricts infiltration of storm water into the earth. (16) Maximum Allowable Impervious Area – defined and calculated as provided in the Code of Ordinances, except for “Cemetery” zoning which shall be assigned a maximum of 30% of the total lot area. (17) Natural Outlet - Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. (18) Notice - a written or printed communication conveying information or warning. (19) Order - the whole (or any part) of the final disposition (whether affirmative, negative, injunctive, or declaratory in form), or any matter issued by the City's Director of Public Works, or person designated by him pursuant to any provision of this Article. (20) Storm Water Management Manual - that document made a part hereof and of Chapter 11 of the City Code by reference thereto, that, in part, outlines the engineering design criteria and permitting procedures developed by NCTCOG for storm water management within the City. (21) Person - any person, firm, individual, firm, partnership, corporation, organization or association of any kind. 60545 (22) Pollution - the contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the City, including change in temperature, taste, color, turbidity, or odor of the water s, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety or welfare, or to domest ic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, or aquatic life. (23) Premises - the lot, buildings, and appurtenances situated thereon. (24) Private - that property or facilities own ed by individuals, corporations, and other organizations and not by a city, county, state, or federal government agency. (25) Public - that property or facilities owned by a city, county, state or federal government or agency thereof. (26) Storm, Storm water - as us ed herein, these terms are interchangeable and include rainwater as it falls to the earth, surface runoff and drainage, and paths taken by such water. (27) Storm water system - all facilities, man - made structures, and natural watercourses used for collecting an d conducting storm water to, through, and from drainage areas to and including points of final outlet. A storm water system may include any and all of the following: inlets, conduits and appurtenant features, canals, creeks, lakes, channels, catch basins, ditches, streams, drainage wells, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations. (28) Storm sewer, Storm drain - a sewer or drain that carries storm waters, surface runoff, and drainag e, but which excludes sanitary sewage and industrial wastes. (29) Total Square Footage of Surface Area of Lot or Parcel of Real Property - the square footage of a parcel measured or estimated by using the outside boundary dimensions (in feet) to obtain the tota l enclosed square footage, without regard to topographic features of the enclosed surface. The boundary dimensions in feet of the enclosed surface area may be established by any of the following methods: a. On - site or photogrammetric measurements of the appa rent outside boundary dimensions of the parcel of real property made by the City or on its behalf, or b. Computation of the area using dimensions of the parcel of real property, or existing area measurements that are set forth and contained in the DCAD public records, or either of these things. (30) Storm water utility (Drainage Utility) - the program of financing operating an d maintaining storm water management related actions in the City . (31) Vacant land - a piece or parcel of land that is without any building, structure, appurtenance, or improvement. It does not mean recreation, green, or open space created around private or mun icipal facilities, or parcels connected thereto or contiguous with such facilities for such reason. 60545 Section 1.03 Organization of Drainage Utility The Drainage Utility in the City of University Park shall be administered by the Director of Public Works and the Finance Director, who shall have the responsibility for planning, developing, and implementing storm water management plans; financing, constructing, maintaining , rehabilitating, inspecting, and managing existing and new storm water facilities; collecting fees and charges for the utility division; implementing and enforcing the provisions of this Code; and other related duties as directed by the Public Works Direc tor. Section 1.04 Storm Water Systems The Drainage Utility System shall include the design, operation, maintenance, inspection, construction, and use of all storm wate r systems in the City. The Director shall be responsible for the design and construction of public storm water facilities owned by the City and shall inspect, operate, and maintain them as prescribed herein. The Director shall be responsible for plan appro val and construction inspection of both private storm water facilities and public storm water facilities not owned by the City. Additionally, the Drainage Utility may accept the responsibility for the operation and maintenance of private storm water facili ties only when such services have been agreed to, contracted for, and approved by the City Council, subject to the final review of the City Attorney. Section 1.05 Private Facilities (1) The property owner shall be responsible for storm water drainage facilities located on private property where runoff will principally be collected within that property. The owner shall clean and maintain the facility or channel, as required, to ensure efficient and proper operation of the facility, and shall obtain the City Engineer or the Director of Public Work’s prior written approval for any proposed changes or alterations to any private storm water drainage facilities that, in the City's sole discretion, may substantially or adversely affect storm water drainage in the property owner's area. (2) The Director of Public Works shall provide for inspection of private facilities to ascertain that the storm water facilities are functioning as designed and approved. The Director of Public Works shall provide for remedial maint enance of facilities based upon the severity of storm water problems and potential hazard to the public health, safety, and welfare. Section 1.06 Land and Facilities Affected Outside the City Where storm water and other waters drain from lands outsi de the City, facilities within the City shall be designed in accordance with this Article, as if the entire area being drained was within the City. 60545 Section 1.07 Rules and Regulations In order to accomplish the purposes of this Code, the Director of P ublic Works may make and enforce additional rules and regulations that are approved by the City Council, and are necessary and reasonable to protect the drainage facilities, improvements, and properties controlled by the Drainage Utility, and to prescribe the manner of their use by any public or private person, firm, or corporation. Section 1.08 Capital Improvement Plan The Director of Public Works shall operate within the City's capital improvement plan for the storm water system. The capital improveme nt plan shall be a comprehensive document prepared periodically, and delineating the storm water capital needs of the City. Section 1.09 Permits and Plan Review It shall be unlawful for any person or organization to construct, enlarge, alter, repair, rel ocate, or demolish a storm sewer, natural watercourse, or other drainage facility, without first filing an application and obtaining a proper permit from the City as provided for in the applicable building code. Section 1.10 Right of Entry for Survey , Examination, and Inspection After presenting proper credentials, and at any reasonable times, the employees of the City or its agents (including contractors and consultants and their employees) may enter upon lands within the City to m ake surveys and examinations to accomplish the necessary preliminary findings to establish a City master storm water plan, and for detailed analyses to prepare final plans and specifications for the proposed site improvements. In addition, any and all such employees or agents may enter upon any lands to inspect private facilities to ascertain their compliance with this Article. Section 1.11 Funding Funding for the Drainage Utility’s activities may include, but not be limited to, the following: (1) storm water service charges; (2) permit and inspection fees; (3) direct charges (the cost of designing and constructing storm water facilities, administrative costs and related expenses where the City designs, constructs, or contracts for the construction of such facilities); (4) transfers from other City Funds; and 60545 (5) other income obtained from federal, state, local, and private grants, or revolving funds. Section 1.12 Drainage Utility Fund All revenues generated by or on behalf of the D rainage Utility, including storm water services charges, permit and inspection fees, and direct charges and interest earnings on those revenues, shall be deposited in a drainage utility fund and used exclusively for Drainage Utility purposes. Section 1.13 Storm Water Service Charge (1) A storm water service charge is hereby imposed on each parcel of land within the City; provided, however, that no additional or special charges shall be imposed on lakes or public streets, boulevards, highways, expressways , alleys (private alleys excepted), viaducts, sidewalks on public right - of - way, curbing, street crossings, grade separations, and any highway structures. The fees will be established by appropriate Resolution of the City Council amending the Master Fee Re solution. (2) Properties that have existing storm water management facilities may have their storm water service charges reduced or pro - rated as determined by the Director of Public Works. ( 3 ) Storm water fee credits : a. Extraordinary mitigation credit. Property owners who con struct storm water mitigation facilities o n their property may be eligible for a storm water fee credit. Property owners must demonstrate, by application to the Director of Public Works, that their facilities significantly reduce storm water discharge fro m the property. The Director may then make a recommendation to the City Council. Only the City Council may reduce a property's storm water management fee. b. Ratio credit. Properties that have a large pervious are a to help absorb runoff from the Runoff Surface will be given a ratio credit, if the ratio of the total property area to the Runoff Surface area is at least 30:1. Properties which qualify shall be granted a 50% storm water fee credit. Sec. 1.14 Monthly Charge Per Equivalent Residential Unit (ER U) The monthly charge per equivalent residential unit shall be enumerated in the City's Master Fee Resolution that shall be effective on December 22, 200 3. The Director of Public Works is directed to prepare a list of all p arcels (residential and non - residential) within the City, and assign a designation to each, and for which each shall be charged a reasonable and equitable fee, according to assigned ERU equivalence and site mitigation factors, if any; provided, however, th at the City shall have the option to set a fixed minimum and maximum fee for residential parcels. 60545 Section 1.15 Collection of Storm Water Service Charge The storm water service charge shall be billed at least annually by the Director of Finance or his designee . Section 1.16 Flooding Liability Floods from storm water runoff may occasionally occur which exceed the capacity of storm drainage facilities constructed, operated, or maintained by funds made available under this Article. This Article shal l not be construed or interpreted to mean that property subject to the fees and charges established herein will always (or at any time) be free from storm water flooding or flood damage, or that storm water systems capable of handling all storm events can be cost - effectively constructed, operated, or maintained. Nor shall this Article create any liability on the part of, or cause of action against, the City, or any official or employee thereof, for any flood damage that may result from such storms or the ru noff thereof. Nor does this Article purport to reduce the need or the necessity for obtaining flood insurance by individual property owners. Section 1. 1 7 Discharge of Polluting Matter in Natural Waters Prohibited (1) It shall be unlawful for an y person to drain, deposit, place or otherwise discharge into any natural outlet or storm water system within the City, or to cause or permit to be drained, deposited, placed or otherwise discharged into such waters, any organic or inorganic matter which c auses or tends to cause pollution. Polluting matter includes, but is not limited to, the following: (a) Petroleum products, including but not limited to oil, gasoline, and grease (b) Solid Waste (as defined in City Code) (c) Pet Waste (d) Chemicals (e) Paints (f) Soaps (g) Laundry Waste (h) Steam Cleaning Waste (i) Pesticides, Herbicides or Fertilizers (j) Degreasers, Solvents (k) Heated Water (l) Sanitary Sewage (m) Chemically Treated Cooling Water (n) Antifreeze, and other Automotive Products (o) Lawn Clippings, Leaves, Branches, etc. (p) Animal Carcasses (q) Silt (r) Acids or Alkalis (s) Recreational Vehicle Waste 60545 (t) Dyes (without prior written permission of the Drainage Utility) (u) Construction Materials (v) Any groundwater which contains phosphorous or nitrogen concentrations greater than the surface water into which the groundwater is discharged (w) Any water which exceeds the state surface water standards (x) Toxic or Poisonous Solids or Liquids (y) Solids in such quantities or of such size capable of causing interference or obstruction to the flow in the City's storm water system (2) It shall b e unlawful to wash any public or private streets, buildings, sidewalks or parking areas, unless all visible debris and sediments have been removed prior to washing. If the removal of the debris and sediments is not feasible (as determined by the Director o f Public Works), then the street, building, etc. may only be washed with the Director of Public Works' prior written approval, which may include requirements to clean the affected drainage pipelines or provide treatment of wash water runoff to prevent down stream pollution. Only water may be used for washing purposes. Section 1. 1 8 Correction and Discontinuance of Prohibited Discharge (1) The Director of Public Works may order the correction of any unsafe, nonconforming or unauthorized condition th at is in violation of any provision of this code or regulation adopted hereunder. The Director of Public Works may also order the discontinuance of any activity causing such condition. (2) Whenever the Director of Public Works orders the correction or di scontinuance of any condition or activity on any premises, the Director shall notify the owner or other person responsible for such condition or activity in writing which notice shall state the nature of the violation, direct the person to correct or disco ntinue the condition or activity, and provide a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time period stated in such notice, permanently cease or correct all violations. Failure to comply with such order shall constitute a violation of the provisions of this ordinance. Section 1.19 Liability for Pollution Abatement Any person responsible for pollutant discharge into any natural waters or storm water system and who fails to correct any prohibited condition or discontinue any prohibited activit y at the Director of Public Works' request shall be responsible to pay the necessary expenses incurred by the City in carrying out the pollution abatement, including any expenses incurred in testing, measuring, sampling, collecting removing, containing, , treating, and disposing of the pollutant materials. Section 1. 2 0 Injunctive Relief Prohibiting Discharge The City may, immediately upon discovering an ongoing or potential discharge of pollutants into the City's natural waters or storm water syst em in violation of this Article, 60545 petition the District Court of Dallas County, or the Federal District Court, for a temporary or permanent restraining order or preliminary injunction to halt or prohibit such discharge. Prior to the filing of such a petitio n, the Director of Public Works shall attempt to notify the offender of the City's intention to file such action, but such notification shall not be a condition precedent to the City's petitioning for and obtaining injunctive relief. Section 1. 2 1 Penalties (1) Any person who violates any of the provisions of this Article shall, upon conviction in Municipal Court, be subject to a fine not to exceed five hundred dollars ($500.00) for each offense. Each and every day on which such person continues to violate the provisions of this Code after having been notified of such violation shall constitute a separate offense. (2) Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $1,000.00 per day for each day that such person is in violation of this Article. (3) The remedies and penalties provided in this Article are not exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity, against any person who violate s the provisions of this Article. 60545