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"City of Choice"
ORDINANCE NO.9 5 6.
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, ESTABLISHING A DRAINAGE
UTILITY RATE LEVIED AND IMPOSED FOR THE MUNICIPAL DRAINAGE UTILITY;
PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND
AMENDING ACCORDINGLY THE CIBOLO, TEXAS, CODE OF ORDINANCES TO ADD
THESE PROVISIONS.
WHEREAS, on September 28, 2010, the City Council of the City of Cibolo, Texas (herein
referred to as "City"), passed Ordinance No. 951, establishing a Utility Drainage, and providing
for a rate to be levied on each improved property within the City of Cibolo in order to fund same;
and
WHEREAS, the City finds it necessary to establish a Drainage Utility rate; and
WHEREAS, pursuant to the Local Government Code, Chapter, 552, Subchapter C, known as the
Municipal Drainage Utility Systems Act (the "Act"), the City Council of the City of Cibolo,
Texas (the "City"), has established a Drainage Utility rate (charge)for all improved real property
in the service area subject to charges under this Ordinance; and
WHEREAS, the City Council hereby finds that the Drainage Utility rate provided herein is
reasonable and necessary for the support of the Municipal Drainage Utility System; and
WHEREAS, it is necessary that such a rate be clearly stated in a format available to the general
public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
The Code of Ordinances of the City of Cibolo, Texas, is hereby amended by adding a new
Chapter, which reads as follows:
MUNICIPAL DRAINAGE UTILITY RATE
SECTION I. FINDINGS:
A. The City Council has found and hereby finds that:
1. The total amount of square feet of impervious cover from a benefited property
is directly related to the amount of runoff from that property;
2. The stormwater runoff flows into the City's Drainage Utility system, including
the public streets and drainage easements, inlets, storm sewers, manholes,
junction boxes, ditches, swales, channels, creeks, and other natural and man-
made water ways, and is carried by a creek, river, or other water way to the
edge of the City limits.
3. The operation, maintenance, and improvement of the City's Drainage Utility
system requires funding and a Municipal Drainage Utility has been created for
that purpose.
4. The assessment of a Drainage Utility rate in Cibolo is based upon an inventory
of the lots and tracts within the City limits of the City and upon the
classification of each of those lots and tracts based upon the type of land use
and amount of recorded impervious cover.
B. Public Notice
1. Prior to the adoption of this Ordinance, the City Council caused to be published
in a newspaper of general circulation in the City a Notice stating the time and
place of a public hearing to consider this Ordinance. The Notice was published
prior to the date of the Hearing in accordance with State Law.
2. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public, and public notice of the time,
place, and subject matter of the public business to be considered at such
meeting including this Ordinance, was given, all as required by the Texas
Government Code, Chapter 551, as amended.
SECTION II. DRAINAGE UTILITY RATE ESTABLISHED:
A. A municipal Drainage Utility rate is established.
1. The Municipal Drainage Utility of the City has been established and declared
to be a public utility within the meaning of the Texas Local Government Code,
Chapter 552, Subchapter C, known as the Municipal Drainage Utility Systems
Act (the "Act").
2. The City will provide drainage management service within its boundaries
which is established as a single service area of the system, upon payment of
the determined Drainage Utility rate, as defined in the Act, and excluding
certain exempted real property.
3. The Drainage Utility rate will be based on non-discriminatory, reasonable, and
equitable terms.
B. Existing drainage facilities, materials, supplies, equipment, and personnel of the City
have been incorporated into the Drainage Utility system, and are under the
administrative control of the City Manager.
C. Municipal Drainage Utility Rate
1. Establishment of a Drainage Utility fee. A Drainage Utility fee is hereby
imposed upon each developed lot and parcel within the City for services and
facilities provided by the Drainage Utility. For purposes of imposing the
Drainage Utility fee, all lots and parcels within the City are classified into the
following two (2) customer categories: (1) "single-family residential property"
to include single-family, duplex and mobile home land use, and (2)
"commercial property" all other properties to include commercial, industrial,
institutional, governmental, multi-family, and religious organization land uses.
2. ERU value. The ERU value for the City was determined through an inventory
of developed parcels in the City and determination of impervious area for each
parcel. Statistical evaluation of these data determined that the average
impervious area for single-family residential property within the City and is
two thousand eight hundred eighty-nine(2,889) square feet.
3. Single-Family Residential Rates. Based on statistical evaluation of land parcel
impervious area for the single-family customer category, four rates are
established for assignment of fees as follows:
a. "Small" 0.7 ERU, <2,218 square feet impervious
area
b. "Average" 1.0 ERU, 2,218-3,716 square feet
impervious area
c. "Large" 1.5 ERU, 3,717-8,000 square feet
impervious area
d. "Rural Lot" 2.0 ERU, > 8,000 square feet impervious
area
4. Commercial Rates. Based on impervious area determination for each property
parcel:
Total ERU's = (Impervious Area/2,889 sq. ft.), minimum 1 ERU
5. Calculation of Drainage Utility fee.
The monthly Drainage Utility fee for properties shall be calculated by
multiplying the total number of ERU's for the parcel by the ERU monthly
billing rate.
6. ERU Monthly Billing Rate. The following ERU monthly billing rate is hereby
established and shall be used to calculate the total monthly Drainage Utility
fee for all property located in the City, in accordance with the applicable
formula established in this subsection:
ERU rate= $4.00 per ERU per month
7. Impervious area determination. The City Manager or his designee shall be
responsible for determining impervious area of property based on data deemed
reliable. The City Manager may require additional information as necessary
from the property owner, tenant or developer to make the determination. The
amount of any fee may be revised by the Director based on any additions to
the impervious area as approved through the City building permit process.
8. Revision of Rates. The City Council may review the schedule of fees at any
time and may,by ordinance, increase or decrease said fees within the schedule
upon a determination that said increase or decrease is warranted.
D. Segregation of Income
1. The income of the Drainage Utility system shall be segregated and completely
identifiable in the accounts of the City pursuant to Section 552.049 of the
Texas Local Government Code.
E. Adjustments
1. A lot or tract owner or occupant of lot or tract,hereinafter referred to as "user"
may apply to the City Manager or his/her designee for other adjustments in
the user's Drainage Utility rate if:
a. The user demonstrates that the category of developed use has changed
from the original assessment or was accessed in error;
b. The user demonstrates that the amount of recorded impervious cover
has not been correctly stated or classified, and as a result, the rate
amount is in error.
2. The City Manager or his/her designee a) shall adopt procedures to ensure that
applications for credits or adjustments of the Drainage Utility rate will be
processed and acted upon in a consistent, uniform, and timely manner, and b)
may thereafter adjust the Drainage Utility rate of a "user" who applies for an
adjustment under this Subsection and who meets the standards required
therein. The City Manager shall make the final determination of the correct
action to take in resolution of a requested credit or adjustment by a"user."
3. No Drainage Utility fee credit shall be given for the installation of facilities
required by City development codes or State requirements.
SECTION III. ELIGIBILITY:
A. The following property isexempt from payment of the Drainage Utility rate.
1. Property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system.
2. Property held and maintained in its natural state, until such time that the
property is developed and all of the public infrastructure constructed has been
accepted by the municipality in which the property is located for maintenance.
3. A subdivided lot, until a structure has been built on the lot and a certificate of
occupancy has been issued by the municipality in which the property is
located.
4. State of Texas Property
5. Accredited 2- and 4-year Institutions of Higher Education.
6. School District Property
SECTION IV. LAND DEVELOPMENT ACTIVITIES-COMPLIANCE REQUIRED:
The establishment of the Drainage Utility by the City does not relieve private land owners,
developers, or other individuals or entities from responsibility for providing drainage
improvements for land development pursuant to the ordinances of the City and laws of the State
which relate to drainage management improvements.
SECTION V. NO WAIVER OF IMMUNITY: This Ordinance does not imply that a
benefited property will be free from flooding or erosion, and does not create additional duties on
the part of the City. This Ordinance does not waive the City's immunity under any law.
SECTION VI. PUBLICATION: This Ordinance shall be published in a newspaper of general
circulation in the City of Cibolo prior to its consideration and adoption by the Cibolo City
Council, in compliance with the provisions of the City Charter and State Law.
SECTION VII. SEVERABILTY: Should any article, section, part, paragraph, sentence,
phrase, clause, or word of this Ordinance or any appendix hereof, for any reason, be held illegal,
or invalid, or any exception to or limitation upon any general provision contained in this
Ordinance or its attachments or held to be unconstitutional or invalid, the remainder shall,
nevertheless stand as effective and as valid as if it had been enacted and ordained without the
portion held to be unconstitutional or invalid.
SECTION VIII. EFFECTIVE DATE: This Ordinance shall become effective upon its
passage and publication as required by law and the Drainage Utility Rate shall be assessed to the
users of all lots and tracts in the City limits of Cibolo, Texas, effective beginning with utility
bills issued for the period December 15, 2010 thru January 14, 2011.
PASSED AND APPROVED this 9th day of November, 2010
M41 Qti
` Jenni Hartman
Mayor
•
A'1"1'EST: _
/71
Peggy Cimics
City Secretary
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney' Office