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HomeMy WebLinkAbout027577 RES - 02/12/2008RESOLUTION DECLARING POLICY RELATIVE TO ESTABLISHMENT OF A STORM WATER UTILITY SYSTEM. WHEREAS, EAS, on December 18, 2007, City Council passed Resolution No. 027545, declaring intent to establish a storm water utility system for implementation in FY 2009; and WHEREAS, the development of a budget for Fiscal Year 2009 requires identification of the fund structure for storm water; and WHEREAS, a schedule of storm water charges must be approved prior to the implementation of a storm water utility; and WHEREAS, various storm water utility policies will affect the calculation of storm water revenues and service rates; and WHEREAS, City staff needs preliminary guidance on policies to develop a budget framework; to design changes to the City's billing software ("HTE") system; and to calculate the estimates of storm water revenues and rates; and WHEREAS, At the January 29, 2008 City Council Meeting, staff presented to the Council a presentation entitled "Policy Considerations for the Development of a Storm Water Utility" and received Council's direction and decision on the policy issues presented. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's storm water utility will be an enterprise fund and a part of the City's combined utility system. Storm water revenues may be used as debt pledge. SECTION 2. The primary source of storm water funding will come from storm water revenues. SECTION 3. The City will investigate possibilities and benefits of drainage impact fees as additional future source of capital funding. SECTION 4. The basis of service measurement will be to use runoff coefficients to derive an impervious cover proxy amount. SECTION 5. The City will consider developing and transitioning to impervious cover basis as a method of service measurement. SECTION 6. The rate design for storm water charges will be based on the Equivalent Residential Unit (ERU) approach. ABSOLUTE FINAL RESO storm water policies 2-12-08 Page 1 of 027517 SECTION 7. For attached commercial, attached housing, and mobile homes, storm water charges will be billed: i to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 8. Failure of a customer/user to pay utility charges when due will subject such user to discontinuance of any utility services provided by the City at that service address or at any other address of that delinquent user. If the City will place a lien on the property of a delinquent user, it will do so after having discontinued any utility services, provided that discontinuance of utility service is possible. SECTION 9. Impervious cover does not mean public rights of way, alleys, small vertical structures, fences, signs, pipelines, viaducts, streams, lakes, ponds, or swimming pools. SECTION 10. The following shall be exempt: A. The Naval Air Station -Corpus Christi NAS and the Port of Corpus Christi Authority properties within the City's limits which do not use the City's drainage system. These properties are considered "wholly sufficient onsite systems." B. "Property is held and maintained in its natural state" that is identified by having a value of improvements less than $10,000. C. A developed lot prior to issuance of a certificate of occupancy, identified by having a value of improvements Tess than $10,000. D. Astateagency. E. A public or a private institution of higher education. F. Property that is exempt from other city utility service charges. SECTION 11. Storm water credits will be granted as follows: A. Partial credit to storm water utility rates will be granted for properly -maintained onsite detention for 1 OO -yr storm event and greater. B. Partial credit to storm water utility rates will be granted for certain education programs of a school district. C. Credit will be awarded on a renewal basis. SECTION 12. During the period in which the service measurement defined in Section is in effect, appeals of a storm water charge are as follows: A. Appeal of a storm water charge's service measurement basis will be limited to appeal of lot size and land use classification used in the City's runoff coefficient method. ABSOLUTE FINAL RESO storm water policies 2-12-08 Page 2 of B. Final appeal of a storm water charge's service measurement basis will be to the City Manager or designee. C. A budget will be established for appeals and adjustments. SECTION 13. This resolution shall take effect immediately from and after its passage. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 04 -Feb -08 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY •F CORPUS CHRISTI Henry Garrett Mayor ABSOLUTE FINAL RESO storm water policies 2-1 - Page 3 of Corpus Christi, Texas of jt 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael IMI C tch n _A-_ Avt ABSOLUTE FINAL RESO storm water policies 2-12-08 Page 4 of 4 027577