Loading...
HomeMy WebLinkAbout027699 ORD - 05/13/2008ORDINANCE 027699 DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC UTILITY; DECLARING THE CITY'S STORM WATER UTILITY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABLISH A STORM WATER UTILITY; INCORPORATING ATING E ISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING IN FOR SEGREGATION EGATIOI OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING IDING THAT ISSUANCE OF STORM WATER REVENUE EI UE BONDS OR COMBINED ED (WATER, WASTEWATER, , GAS, AND STORM WATER) UTILITY REVENUE BONDS MAY BE REPAID WITH REVENUE ENUE FF OM THE STORM WATER UTILITY CHARGE. WHEREAS, EAS, the City of Corpus Christi will provide drainage (also referred to interchangeably as {`storm water") services for all real property in its corporate boundaries, except for exempted real property; and WHEREAS, the City of Corpus Christi will offer storm water servies on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, EAS, the City of Corpus Christi will establish a schedule of storm water charges against all real property within its corporate boundaries subject to charges; and WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the storm water utility system; NOW, THEREFORE, E, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, and storm water) utility. SECTION 3. AUTHORITY. The City is authorized to establish this municipal storm water utility under Article Xi, Section 5, of the Constitution of the State of Texas; the City's 027699 Charter; and the laws of the State of Texas. SECTION .. DEFINITIONS. In this ordinance: (1) "Benefitted property" means an improved lot or tract to which storm water drainage service is made available. (2) "City" rears the City of Corpus Christi, Texas. (3) "Cost of service" as applied to a storm water drainage system service to any benefitted property means: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of-way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a storm water drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water (g) revenue -pledge securities or obligations; and the administrative costs of a storm water utility system. (4) "Drainage" (or "storm water drainage") means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. "Storm water charge" or "drainage charge" means: (a) the levy imposed to recover the cost of the service in furnishing drainage for any benefitted property; and (b) specifically includes, as hereby provided by the City Council of the City of Corpus Christi, an amount made in contribution to funding of future drainage system construction by the City. "Storm water system" or "storm water drainage system" means the drainage owned or controlled in whole or in part by the City and dedicated to the service of benefitted property, including provisions for additions to the system. (7) "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. "Public utility" means a storm water drainage service that is regularly provided by the City through the property dedicated to that service to the users of benefitted property within the service area and that is based on: (a) an established schedule of charges; (b) the use of the police power to implement the service; and (c) nondiscriminatory, reasonable, and equitable terms, as declared by the City under this section. (9) "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm water drainage system. SECTION . INCORPORATION ATION of EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 6. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinance, a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage syste . SECTION 8. STORM WATER REVENUE BONDS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water utility revenue bonds to be repaid, in full or in part, with the use of revenue from storm water utility charges. SECTION 9. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION . This Ordinance shall be effective immediately from and after its passage. Armando Chapa City Secretary Ap• o ve�l�s tonfQrm:1/2008 Veronica Ocanas Assistant City Attorney for City Attorney THE CI OF COR S CHR,.TI at A., Add He Mayor arre That the foregoing or finance was read for the first time and passed to its second reading on this the JZ ay of , 200 8, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez k a Nelda Martinez Michael M Cut hon That the foregoing ordin ne was read for the second time and passed finally on this the IS"' day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly APPROVED ED AND PASSED on this ATTEST: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Arrnando Chapa, City Secretary day of 2008. 027699