HomeMy WebLinkAbout03/36 Storm Water Utility & ExhORDINANCE NO. 03/36
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.
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 City 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, the 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 same 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 with the definitions contained in Chapter 402, Subchapter C, of the
Texas Local Government Code, as it may be amended from time to time.
Page I 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 delinquent
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 heating as
required 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 provided 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 drainage 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 remain 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.
APP'/'OVED: ~
VED S T ? :
CITY ATTORNEY
ATTEST:
Page 3 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 purposes 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
mnoffto 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 reasonable 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 be 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)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
City Manager - a person whose duties include general supervision and direction
of the operation and administration 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.
City - the City of University Park, Texas.
Council - the City Council of the City of University Park.
County - Dallas County, Texas.
Director - the Director of Public Works, or his designee.
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.
Drainage Code, or Code - the Municipal Drainage Utility article of Chapter 11
of the City Code.
Engineer, professional - a person holding a certificate under the appropriate
Texas statutes and codes.
Existing - present or in effect as of the time of the adoption of this Article.
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 impervious 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.
Facilities - various drainage works, including but not limited to inlets, conduits,
manholes, energy dissipation structures, channels, outlets, retention/detention
basins, and other structural components of this nature.
Impervious area - surface areas on or in a parcel of real property, which
prevents or severely restricts infiltration of storm water into the earth.
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.
Natural Outlet - Any outlet into a watercourse, pond, ditch, lake or other body
of surface or ground water.
Notice - a written or printed communication conveying information or warning.
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.
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.
Person - any person, firm, individual, firm, partnership, corporation,
organization or association of any kind.
60545
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
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 waters, 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 domestic, commercial,
industrial, agricultural, recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, or aquatic life.
Premises - the lot, buildings, and appurtenances situated thereon.
Private - that property or facilities owned by individuals, corporations, and other
organizations and not by a city, county, state, or federal government agency.
Public - that property or facilities owned by a city, county, state or federal
government or agency thereof.
Storm, Storm water - as used herein, these terms are interchangeable and
include rainwater as it falls to the earth, surface runoff and drainage, and paths
taken by such water.
Storm water system - all facilities, man-made structures, and natural
watercourses used for collecting and 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.
Storm sewer, Storm drain - a sewer or drain that carries storm waters, surface
runoff, and drainage, but which excludes sanitary sewage and industrial wastes.
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 total enclosed square footage, without regard
to topographic features of the enclosed surface.
(30)
(31)
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 apparent 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.
Storm water utility (Drainage Utility)- the program of financing operating and
maintaining storm water management related actions in the City.
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 municipal 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
Director.
Section 1.04 Storm Water Systems
The Drainage Utility System shall include the design, operation, maintenance, inspection,
construction, and use of all storm water 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 approval 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 facilities 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 maintenance 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 outside 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 Public 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 improvement 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,
relocate, 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 make 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 Drainage 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 Resolution.
(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 construct storm water
mitigation facilities on 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 from 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 area 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 (ERU)
The monthly charge per equivalent residential unit shall be enumerated in the City's
Master Fee Resolution that shall be effective on December 22, 2003. The Director of
Public Works is directed to prepare a list of all parcels (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, that 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 mnoffmay occasionally occur which exceed the capacity of
storm drainage facilities constructed, operated, or maintained by funds made available
under this Article. This Article shall 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 runoff thereof. Nor does this Article purport to reduce the need or the
necessity for obtaining flood insurance by individual property owners.
Section 1.17 Discharge of Polluting Matter in Natural Waters Prohibited
(1) It shall be unlawful for any 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 causes 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
(0 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 be 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 of 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
downstream pollution. Only water may be used for washing purposes.
Section 1.18 Correction and Discontinuance of Prohibited Discharge
(1) The Director of Public Works may order the correction of any unsafe, nonconforming
or unauthorized condition that 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 discontinuance 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 discontinue 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
activity 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 1.20 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 system 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 petition, 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 1.21 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 violates the provisions of this Article.
60545