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HomeMy WebLinkAbout033460 ORD - 09/10/2024 Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of stormwater drainage charges, effective October 1, 2024. WHEREAS, on September 7, 2021, the City Council created a Municipal Drainage Utility System as authorized by Texas Local Government Code Chapter 552, Subchapter C, "Municipal Drainage Utility Systems," as amended (the "Act"), within the City's municipal boundaries and levied charges related thereto; WHEREAS, city staff has studied the cost of operating the Municipal Drainage Utility System during the last year and has determined that the Municipal Drainage Charges set forth in Section 55-709 of the City Code should be amended to reflect current costs of operating a municipal drainage utility system for the citizens of Corpus Christi, Texas. WHEREAS, the City Council finds that (1) this ordinance establishes a schedule of drainage charges against all real property in the City's service area, (2) the City will provide drainage for all real property in the City's service area on payment of drainage charges, except real property exempted under Chapter 552 of the Act, and (3) the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The above and foregoing recitals and premises to this ordinance are true and correct and are incorporated herein and made a part of this ordinance for all purposes. SECTION 2. The City Council of Corpus Christi hereby levies the Schedule of Drainage Charges applicable to all non-exempt property owners in the City's service area for the collection, handling and transportation of stormwater drainage and runoff in accordance with the ordinance that created the City's Municipal Drainage Utility System. SECTION 3. Section 55-709, Drainage Utility Charge, of the Corpus Christi Code is amended to read as follows: "Sec. 55-709. Drainage Utility Charge" 033460 SCANNED (a) A Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge shall be billed beginning October 1, 2023. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single- family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers of parcels Stormwater Unit Equivalent Single Family Residential 98,959 1 TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Impervious Equivalent FY 2025 Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $6-6-3-$7.74 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1.00 $8.84-$10.32 Tier 3 Greater than 4,500 sq. ft. 1.75 $15.47-$18.06 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines which IDF is derived from City Drainage Manual used Rate Calculation = (Gross area x IDF) / 1 stormwater unit = 3280 square feet 3,280 sq.ft. All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Land Use Land Uses Development Number of Factor Parcels Townhouse Dwellings/Multiple 1311, B3, B5, B7, B8, B9 0.65 306 Dwellings District; Manufactured Homes Apartments 131, B10, B6 0.80 747 Business District F1 0.85 5,994 Industrial District F2, F3, F4, F5, J3, J4, J5 0.7 232 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 01 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1, ESR, E2, E3 0.05 44 Commercial Stock C1 0.17 723 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single-Family Commercial) FY 2025 Non-Single Family Rate (Commercial) $ .84 $10.32 per unit (e) The Public Works Department shall be responsible for determining Impervious Area of property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining Impervious Area. The Public Works Department may require additional information from the property owner, tenant, manager, or developer to make the determination. The amount of a charge may be revised by the Public Works Department based on any additions to the Impervious Area through the City approved building permit process. (f) No Drainage Utility Charge credit shall be given for the installation of drainage facilities required by the code or state law. SECTION 4. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Should an sentence, paragraph, subdivision clause phrase or section of Y , this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validityof this Ordinance as a whole, or an art or provision thereof other any than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 6. This Ordinance shall take effect on October 1, 2024, at which time the rates described herein will apply to all properties subject to the Drainage Utility Charge. Introduced and voted on the day �'#tLV� , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Ma or Re ecca Huerta, City Secretary EFFECTIVE DATE 033460 Local Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION Denise Sudell Accounts Payable City of Corpus Christi-Secretary PO Box 9277 Corpus Christi TX 78401 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller-Times,a newspaper published in the city of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 07/28/2024 and that the fees charged are legal. Sworn to and subscribed before on 07/28/2024 Legal erk otary,Stat o , ou of rown ./S "--7 My commission expires Publication Cost: $1743.44 Tax Amount: $0.00 Payment Cost: $1743.44 Order No: 10414202 #of Copies: Customer No: 1356906 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. NANCY HEYRMAN Notary Public State of Wisconsin Page 1 of 2 a a Pubic Nearing of the City of Corpus Christi to Consider an ordinance Amending the Drainage Charge al the City's Municipal Drainage Utility System Public Notice is hereby given that the City Council of the City of Corpus Chrsti wil hold a public hearing to consider amending the City's schedule • of municipal drainage charges on September 3,2024,during the Council meeting beginning at 11 30 a.m.in the City Council Chambers,1201 Leopard ♦ Sheet,Corpus Christi,Texas.A copy of the Ordinance amending Section 55-709,Drainage Mlity Charge of the Corpus Christi Code.eying an • amended schedule of drainage charges. 15 attached to this Notice of Public Hearing as reQuired by the Oct.A copy of the proposed ordnance may also be dewed on the Gty's website(w.vwectexas coo).and al any p City pubic library. Ordinance amending Section 55-709,Drainage Utility Charge,01 the Corpus Christi Code,to levy an amended schedule of stormwater drainage charges,Repeaing conflicting Provisions,and Providing a Savings Clause WHEREAS,it u necessary that the collection,handling and storage of stormwater drainage runoff within the City protects the public health.safety. and welfare o/the City's citizens including but not Muted to protection against property damage; WHEREAS,the Sty Council desires to address the various water quality and environmental issues that may burden its stormwater drainage infrastructure, and to protect against suntace wafer overflow,standing surface water,and pollution ansing from nonpolnl source runoff within the City, WHEREAS,prior to the amendment of this ordinance,the City Council adopted a municipal storm water drainage utility system as authorized by Texas Local Government Code Chapter 552,Subchapter C,'Municipal Drainage Utility Systems;as amended the'rut'),within the City's mumnpal boundanes and levied charges related thereto; WHEREAS,public hearings were held on September 3,2024 regarding amending Becton 55.709 of the Code of Ordinances,notice of these public hearngs and a copy of Ore proposed ordinances were published three times poor to the pubic hearing In a paper of general circulation in accordance wqh the Act,and WHEREAS,the Sty Council has adopted the Act and declared that the City's storm water drainage inlrashucture and services of the City is a public utility within the meaning of the Act, WHEREAS,the City Council finds that(1)this ordinance eslabishes a schedule of drainage charges against al real property in the CM.s service area, (2)the City will provide drainage for all real property in the Crly's service area on payment of drainage charges,except real properly exempted under Chapter 552 of the Act and(3)the City Will offer drainage sconce on nondiscriminatory, reasonable,and equitable terms; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The above and foregoing recess and premises to this ordinance are true and correct and are incorporated hereon and made a part of this odirarrce for al purposes. SECTION 2.The City Council o/Corpus Christi hereby Trees the Schedule of Drainage Charges applicable to al non-exempt property owners in the City's service area for the collection,handing and transportation of stormwater drainage and runoff in accordance with the ordinance that created the City's Municipal Drainage lbilily System. Section 3.Section 55-709,Drainage Utility Charge,of the Corpus Christi Code is amended to read as follows: Sec.55-709.Drainage Utility Charge (a) A Drainage Utility Charge is hereby imposed upon each Improved lot and parcel wain the Seroce Area.The Drainage Miry Charge began on January 1,2022,and will be amended on October 1,2024 to the charges set out becw.Drainage Utility Charges shall be billed on a monthly basis thereafter to the duration of the drainage utility. Al For purposes of imposing the Drainage Utility Charge.al lots and parcels within the City are classified Into the following customer categories:(1)Residential Single•Famlfy Properly and (2)Non-Single•Family Residential(commercial)Property. tc) The ERU value fur the City is determined through an ventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel.This study shows that the impervious area for an average single-family residence in the City is 3,280 square net (d) The monthly Drainage Utility Charge for properties shall be cakulated by multiplying the total number of ERU'S fee the parcel by the FRU monthly ding rate. ,9NGLE FAMILY RESIOFNTIN PAR12t$; Numbers or parcels Stormwaler Unit Equivalent Single Family Residential Parcel 93,115 1 TIERED SINRI F•FAMIY RF5@EN2IAL DRANNW FEES' Estimated Impervious Area Equivalent iY-2024 FY2025 Residential Un8 Per 1 Less than 3,000 molt 0.75 3663$7.74 Tier 3,000 act-4,500 sq.R 1.00 $04$1032 Per Greater than 4,500 sq.it 1.75 943:47 0106 NON-SINGLE FAMLY REGIOENTW,(COMMERCIAL)FACTORS: Intensity of Development OIJF(factors Property's State Code tldermtnes derived Owe City Drainage Manual which IDF is used Rate Calculation=(Gross area a 1 stwmwater urn=3280 square het IDF)/3,280 sq 2 Al properties lian-SFR) 1 or ewe Stamwater Units based an calculation(area x factor) INTENSITY OF DEVELOPMENT FACTOR tar Non-Sink Family Commercial) Land Use Stator Code D el enl t ofoumber Land Uses Facia Parcels Parcels Townhouse 0wellrrgs Multiple()vaginas B71,B3,B5,67,88,B9 0.65 265 District;Manufactured Homes Apartments 81,910,86 0,80 379886 Business District Fl 0.85 6536 7,128 Industrial District F2,F3,F4,F5,J3, 07 i89341 J4,J5 Reamed Yard Ness 030 0 Parks.Playgrounds, 031 0. Greenbelts.Cemeteries _ Pte Sheets 0.83 0 noa Agriculture Uses D1,E5R,E2,E3 005 3796 Commercial Stock Cl 0.17 441,934 • -. NON•SNGLF EAMIY RESIDENTIAL ICOMMERI3AI I RATE' Type of Use Mo.Scngk•FamiN Commercial) WI-2024 FY2026 Non-Sink Family Rate(Commercial) TA.Mperor$1032 per unR le) The Pubic Works Department shah be responsible to determining Impervious Area of property based on reliable data.including the appraisal rot geographic informa0on system technology,aerial photography,or other reliable means la deternuning knpetWous Area. The pubic Works Department may require additional Information - from the properly owner,tenant,manager,at developer to make the determination.The amount o/a charge may be revised by the Public Works Department based on any additions to the impervious Area through Ore City approved building permit prates. IT No Drainage Utility Charge credit anal be given for the installation of drainage facilities required by the cede or state law. SECTION 4.AI prodcigns of the ordinances of the SW of Corpus Oast in conflict with the provisions of this ordinance be.and the same are hereby,repealed,and all other provisions of the ordinances o/the Crty of Corpus Christ not in conflict with the provisions W this ordinance shall remain in full force and effect. SECTION 5.Should any sentence,paragraph.sunwisipn,clause.phrase or sector of this Ordinance be adNdged on held to be urcrostnlwona.Illegal at invalid,the same shall not affect the validity of this Ordinance as a oxide.n my palm provision thereof other than the part so decided to he invalid,Illegal or uncorwtitutienal.and shall not affect the vai day of the Code of Ordinances as a whole. SECTION 6.This Ordinance shall take effect on October 1,2024,at which time the rates described herein will apply to all properties subject to the Drainage Uhty Charge. Is/Rebecca Buena ....,,,. Lay Secretary