HomeMy WebLinkAbout029877 ORD - 06/25/2013Ordinance establishing rates, policies, and methodologies to
implement the street maintenance fee created by separate ordinance.
WHEREAS, City Council has established a Street Maintenance Fee by separate
ordinance; and
WHEREAS, by this ordinance the City Council adopts the policies, rates, and
methodologies to implement the Street Maintenance Fee,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. DEFINITIONS.
1) Benefitted Property means a residence; a business; or lot, parcel or
property within the city limits that generates motor vehicle trips.
2) Director means the City Manager or designee.
3) Equivalent Residential Unit ( "ERU) means a unit of measurement for the
median size of a residence equal to 1,500 square feet. For Residential
Benefitted Property, an ERU equals one. For Nonresidential Benefitted
Property, an ERU equals SF /1500 SF.
4) Land Use means one of the 131 land use categories recognized in the
Trip Factor Index.
5) Motor Vehicle Trip means each departure from and each arrival to a
property by a motor vehicle.
6) Nonresidential Benefitted Property means Benefitted Property not defined
as Residential Benefitted Property under this article.
7) Residential Benefitted Property means a detached single - family
residence, attached multi - family housing, or a detached dwelling unit of a
mobile home park, recreational vehicle (RV) park, or manufactured home
community.
8) Square Footage ( "SF) means the square footage of improvements
designated as "living area" as identified in the records . of the Nueces
County Appraisal District ( "NCAD ").
9) Street Maintenance Fee ("Fee") means the fee established by this article
imposed against, and collected from, owners or occupants of Benefitted
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029877
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Property for the purpose of maintaining the Street System of the City.
10)Street Preventative Maintenance Program ( "SPMP ") means the street
preventative maintenance program, as amended from time to time, funded
by the Street Maintenance Fee.
11 )Street System means the structures, streets, rights -of -way, bridges, alleys,
and other facilities within the city limits that are dedicated to the use of
vehicular traffic; the maintenance and repair of those facilities; and the
operation and administration of such maintenance and repair under the
Street Preventative Maintenance Program.
12)Trip Factor means a principle basis of service measurement, principally
derived from the trip generation rates published by the Institute of
Transportation Engineers.
13)Trip Factor Index means the table of applied land uses recognized by the
City of Corpus Christi for purposes of implementing the Street
Maintenance Fee.
14)Utility Customer ( "Customer") means the holder of a city utility account or
the person who is responsible for the payment of charges for a Benefitted
Property.
SECTION 2. FINDINGS.
The City Council finds and determines the following:
1) It is appropriate that a Benefitted Property pay the prorated annual cost of
the Street System that can reasonably be attributed to the Benefitted
Property.
2) The number of Motor Vehicle Trips generated by a Benefitted Property
may reasonably be used to estimate the prorated cost of the Street
System attributable to a Benefitted Property.
3) The size and use of a property may reasonably be used to estimate the
number of Motor Vehicle Trips generated by the property.
4) Based on the best available data, the method of imposing the Street
Maintenance Fee reasonably prorates the cost of the Street System
among Benefitted Properties.
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5) It is reasonable and equitable to impose a set monthly fee per utility meter
for each Residential and Nonresidential Benefitted Property in order to
avoid a disproportionate burden on any Residential or Nonresidential
Benefitted Property.
6) It is reasonable and equitable to cap the Square Footage for a
Nonresidential Benefitted Property in order to avoid a disproportionate
burden on a Nonresidential Benefitted Property.
7) It is reasonable and equitable to cap the Trip Factor for Nonresidential
Benefitted Property in order to avoid a disproportionate burden on a
Nonresidential Benefitted Property.
8) If available, appraisal district property tax records may be relied on to
determine the size of Nonresidential Benefitted Property.
9) It is reasonable and equitable to derive trip generation rates for
Residential and Nonresidential Benefitted Property as determined and
published by the Institute of Transportation Engineers.
10)It is reasonable and equitable to assume that each utility meter in the
service area serves a Benefitted Property.
SECTION 3. TRIP FACTORS.
The Director shall assign to each Benefitted Property a Trip Factor according to
the property's use. The Director shall assume for each Nonresidential Benefitted
Property the number of trips per day as set by the Institute of Transportation Engineers.
The Director conducted a survey of Nonresidential Benefitted Property to more
specifically identify land use, in order to assign a more appropriate Trip Factor to the
land use categories shown in the Trip Factor Index (Exhibit "A ").
The Trip Factor Index will be maintained by the Director or his designee and may
be revised from time to time in accordance with this article.
For purposes of this article, a property's use does not depend on the property's
zoning. If a property fits more than one category of use, the Director shall assign a land
use.
SECTION 4. STREET FEE -ONLY ACCOUNT.
The Director shall create an account in the City's utility account billing system for
any Benefitted Property for which no utility account exists.
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SECTION 5. FEE CALCULATION.
The Street Maintenance Fee shall be calculated based on the following formula:
Rate x ERU x TF = Monthly Bill
ERU = Equivalent Residential Unit = 1500 SF.
For each dwelling unit of a Residential Benefitted Property, ERU = 1.
For each Nonresidential Benefitted Property, ERU = SF /1500 SF on a per
meter basis.
TF = Trip Factor
SECTION 6. RESIDENTIAL BENEFITTED PROPERTY.
The Fee for Residential Benefitted Property shall be on the basis of a set fee per
dwelling unit.
For a Residential Benefitted Property, each month a Customer shall pay an
amount equal to the following:
$5,38 x (1 ERU) x 1.00 (TF) = Monthly Bill (Single family)
$5.38 x (1 ERU) x 0.45 (TF) = Monthly Bill (Multi - family)
SECTION 7. NONRESIDENTIAL BENEFITTED PROPERTY.
The Director shall determine the Fee for Nonresidential Benefitted Property on
the basis of factors that include the trip generation rate published by the Institute of
Transportation Engineers for the land uses allowed.
For a Nonresidential Benefitted Property, per meter, each month, a Customer
shall pay an amount equal to the following:
$5.38 x (SF /1500 SF) x TF = Monthly Bill
The Director shall determine the Square Footage for a Nonresidential Benefitted
Property based upon building square footage of property as recorded by the Nueces
County Appraisal District. If appraisal district records are unavailable, the Director may
determine the size of a Nonresidential Benefitted Property from the best available
information.
062513 ORD #2 SMF as amended prior to 2nd reading 4 of 8
Where the Square Footage for a Nonresidential Benefitted Property exceeds
118,000 square feet on a per meter basis, the Director will consider and determine the
Square Footage for that property to be 118,000 square feet per meter.
Where an individual business has multiple meters on an individual lot or parcel
that in total exceeds the cap on Square Footage, the Director shall calculate the Fee for
that business as if they had a single meter. This paragraph does not apply to properties
or meters that serve multiple businesses.
Where the Trip Factor for a Nonresidential Benefitted Property exceeds 5.78, the
Director will consider and determine the Trip Factor to be 5.78.
Where multiple water meters exist on the property, Square Footage will be
distributed among the meters using the best available information.
SECTION 8. BILLING AND COLLECTION OF FEE.
The Street Maintenance Fee shall become effective January 1, 2014. Beginning
January 1, 2014, fees will be billed and collected each month on the utility bill for each
Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is
responsible for apportionment of Fees to any person or persons leasing units of the
Benefitted Property.
SECTION 9. RECOVERY OF UNPAID FEE.
The City may recover a Street Maintenance Fee that is not paid when due in an
action at law. The City may discontinue utility services to a Customer who fails to pay
the Fee when due.
SECTION 10. STREET MAINTENANCE FUND.
The City has created a special revenue fund known as the Street Fund. All fees
collected for the purpose of maintenance of the Street System shall be deposited in the
Street Fund. It will not be necessary for the expenditures from the Fund to specifically
relate to any particular property from which the fees were collected.
The Director shall provide to the City Council an annual report of the Street Fund.
Every year the Director shall provide City Council a report on the progress of the
Street Preventative Maintenance Program (SPMP) and publish an updated three -year
map of street candidates to be considered for the maintenance program.
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SECTION 11. RULES.
The Director may adopt rules necessary for the administration of this article and
the Street Maintenance Fee. The Director shall be responsible for administration of this
article; developing all rules and procedures necessary to administer all provisions of this
article; developing maintenance programs; and establishing Street System criteria and
standards for the operation and maintenance of the Street System.
SECTION 12. APPEALS.
The City shall adopt an appeals process by separate action of the City Council.
A reduced fee under this section is prospective only. A Customer may not
receive a refund resulting from a reduction under this section.
SECTION 13. DISPOSITION OF FEES AND CHARGES.
The fee paid and collected by virtue of this article shall not be used for the
general or government proprietary purposes of the City, except to pay for the equitable
share of the cost of accounting, management and government thereof.
Other than as described above, the fees and charges shall be used solely to pay
for the cost of operation, administration, planning, engineering, development of
guidelines and controls, inspection, maintenance, repair, improvement, and renewal of
the Street System and the costs incidental thereto.
SECTION 14. LOW - INCOME DISCOUNT.
A Customer who is eligible may apply for a discounted fee. A Customer shall
provide proof of eligibility in accordance with the rules and procedures established by
the Director. A Customer shall establish eligibility for a discounted fee on an annual
basis.
The Director shall adopt rules for the administration of this section, including
acceptable methods for showing and determining eligibility for a low- income discount.
A reduced fee under this section is prospective only. A Customer may not
receive a refund resulting from a reduction or discount under this section.
SECTION 15. EXEMPTIONS.
This article does not apply to a city, county, state, federal agency or department,
hospital district, publicly funded independent school district or charter school, public
institution of higher education, or regional transit authority.
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SECTION 16. EFFECTIVE PERIOD.
This Ordinance takes effect immediately upon its passage and continues for ten
years. This Ordinance ceases to have effect ten years from date of its final passage,
unless further Council action is taken to extend this Ordinance.
SECTION 17. LIABILITY.
This article does not create additional duties on the part of the City. This article
does not waive the City's immunity under any law.
ATTEST:
Armando Chapa
City Secretary
EF,FE�CTI E DATE
��I 1,3
CITY OF CORPUS CHRISTI
Nelda Martinez
Mayor
062513 ORD #2 SMF as amended prior to 2nd reading 7 of 8
That the foregoing ordinaree was read for the first time and passed to its second
reading on this the ICI day of ( 2013, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the A ''' day of , 2013, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED, this the 20 day of
ATTEST:
(R))?9*6g0—
Armando Chapa
p
City Secretary
062513 ORD #2 SMF as amended prior to 2nd reading
110
Nelda Martinez
Mayor
029S77
, 2013.
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TRIP FACTOR INDEX 6/21/2013
Based on ITE Trip Generation Manual Ed. 9
ITE Code Land Use
Capped Trip
Factor
(5.78)
Residential
1 Single Family Residential 1.00
2 Multi- family Residential 0.45
Non - Residential
1 440 Adult Cabaret 5.78
2 311 All Suites Hotel 1.03
3 640 Animal Hospital/Veterinary Clinic 5.03
4 876 Apparel Store 3.79
5 879 Arts and Crafts Store 5.78
6 493 Athletic Club 4.39
7 948 Automated Car Wash 5.78
8 942 Automobile Care Center 1.92
9 943 Automobile Parts & Service Center 5.68
10 843 Automobile Parts Sales 5.78
11 453 Automobile Racetrack 1.04
12 841 Automobile Sales 3.1
13 865 Baby Superstore 2.88
14 433 Batting Cages 5.78
15 872 Bed and Linen Superstore 4.76
16 868 Book Superstore 5.78
17 437 Bowling Alley 3.5
18 940 Bread /Donut /Bagel Shop w/ Drive - through Window 5.78
19 939 Bread /Donut /Bagel Shop w/o Drive - through Window 5.78
20 812 Building Materials and Lumber Store 4.57
21 312 Business Hotel 1.53
22 770 Business Park 1
24 566 Cemetery 0.2
25 560 Church 1.4
26 630 Clinic 2.95
27 937 Coffee /Donut Shop with Drive - through Window 5.78
28 938 Coffee /Donut Shop with Drive - through Window and no indoor s 5.78
29 936 Coffee /Donut Shop without Drive - through Window 5.78
30 021 Commercial Airport 5.78
31 811 Construction Equipment Rental Store 0.99
32 852 Convenience Market (Open 15 -16 hours) 5.78
33 851 Convenience Market (Open 24 Hours) 5.78
34 853 Convenience Market w/ Gasoline Pumps 5.78
35 920 Copy, Print and Express Ship Store 5.78
36 714 Corporate Headquarters Building 0.84
37 160 Data Center 0.1
38 565 Day Care Center 5.78
39 875 Department Store 2.42
40 857 Discount Club 4.48
41 869 Discount Home Furnishing Superstore 2.31
42 854 Discount Supermarket 5.78
43 454 Dog Racetrack 1.02
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TRIP FACTOR INDEX 6/21/2013
Based on 1TE Trip Generation Manual Ed. 9
1TE Code Land Use
Capped Trip
Factor
(5.78)
44 925 Drinking Place 5.78
45 912 Drive -in Bank 5.78
46 896 DVD/Video Rental Store 5.78
47 863 Electronics Superstore 4.73
48 520 Elementary School 1.62
49 823 Factory Outlet Center 3.03
50 934 Fast -Food Restaurant w/ Drive - through window 5.78
51 933 Fast -Food Restaurant w/o Drive- through window 5.78
Fast -food Restaurant with Drive - through Window and no
52 935 Indoor Seating 5.78
53 815 Free - Standing Discount Store 5.78
54 813 Free - Standing Discount Superstore 5.65
55 890 Furniture Store 0.53
56 817 Garden Center 5.78
57 944 Gasoline /Service Station 5.78
58 945 Gasoline /Service Station w/ cony. Mkt. 5.78
59 946 Gasoline /Service Station w/ conv. Mkt. & car wash 5.78
60 022 General Aviation Airport 0.77
61 120 General Heavy Industrial 0.16
62 110 General Light Industrial 0.56
63 710 General Office Building 0.89
64 830 Golf Course 0.2
65 432 Golf Driving Range 5.62
66 918 Hair Salon 3.23
67 816 Hardware /Paint Store 5.78
68 492 Health /Fitness Club 3.21
69 530 High School 1.07
70 152 High -Cube Warehouse 0.15
71 932 High- Turnover (Sit -Down) Restaurant 5.78
72 862 Home improvement Superstore 4.03
73 610 Hospital 1.29
74 310 Hotel 1.66
75 130 Industrial Park 0.57
76 030 Intermodal Truck Terminal 0.79
77 540 Junior /Community College 2.27
78 441 Live Theater 0.67
79 591 Lodge /Fraternal Organization 5.78
80 140 Manufacturing 0.32
81 420 Marina 0.57
82 897 Medical Equipment Store 0.63
83 720 Medical- Dental Office Building 2.89
84 522 Middle School /Junior High School 1.45
85 431 Miniature Golf Course 1.18
86 151 Mini- Warehouse 0.25
87 562 Mosque 5.78
88 320 Motel 1.18
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TRIP FACTOR INDEX 6/21/2013
Based on ITE Trip Generation Manual Ed. 9 Capped Trip
Factor
ITE Code Land Use (5.78)
89 443 Movie Theater w/o Matinee 5.78
90 444 Movie Theater with Matinee 5.78
91 445 Multiplex Movie Theater 5.78
92 435 Multipurpose Recreational Facility 3.35
93 580 Museum 0.52
94 818 Nursery (Wholesale) 3.04
95 620 Nursing Home 0.8
96 750 Office Park 0.9
97 867 Office Supply Superstore 3.4
98 866 Pet Supply Superstore 5.37
99 881 Pharmacy /Drugstore w/ Drive- through window 5.78
100 880 Pharmacy /Drugstore w/o Drive - through window 5.78
101 536 Private School (K -12) 4.6
102 534 Private School (K -8) 5.78
103 931 Quality Restaurant 5.78
104 941 Quick Lubrication Vehicle Shop 5.78
105 491 Racquet /Tennis Club* 3.77
106 495 Recreational Community Center 2.9
107 842 Recreational Vehicle Sales 2.54
108 760 Research & Development Center 0.66
109 330 Resort Motel 0.71
110 947 Self- Service Car Wash 5.78
111 820 Shopping Center 4.37
112 715 Single Tenant Office Building 1.22
113 488 Soccer Complex 5.78
114 826 Specialty Retail Center 4.3
115 861 Sporting Goods Superstore 3.69
116 850 Supermarket 5.78
117 561 Synagogue 1.23
118 490 Tennis Courts 0.08
119 848 Tire Store 2.61
120 849 Tire Superstore 2.09
121 864 Toy /Children's Superstore 5.45
122 810 Tractor Supply Store 2.37
123 950 Truck Stop 5.78
124 814 Variety Store 5.78
125 911 Walk -ln Bank 5.78
126 150 Warehousing 0.41
127 414 Water Slide Park 5.78
128 010 Waterport /Marine Terminal 0.46
129 860 Wholesale Market 0.57