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