HomeMy WebLinkAbout029876 ORD - 06/25/2013Ordinance establishing a street maintenance fee to be implemented
by policies, rates, and methodologies established by separate
ordinance.
WHEREAS, City Council desires to establish a street maintenance fee; and
WHEREAS, by subsequent ordinance the City Council will adopt the policies, rates, and
methodologies to be used to implement the street maintenance fee,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. AUTHORITY.
The City of Corpus Christi, a Home -Rule City, is authorized to establish this
Street Maintenance Fee pursuant to the authority, regulatory authority, and police
powers granted by the Texas Constitution, the City Charter, Texas Local Government
Code § 51.001, Chapter 311 of the Texas Transportation Code, and other laws of the
State of Texas.
The City has exclusive control over and under the public highways, streets, and
alleys within the municipality and may regulate the public highways, streets, and alleys
within its city limits. Tex. Transp. Code Ann. § 311.001.
SECTION 2. DEFINITIONS.
1) Benefitted Property means a residence; a business; or lot, parcel or
property within the city limits that generates motor vehicle trips.
2) City Manager means the City Manager or designee.
3) Equivalent Residential Unit ( "ERU') means a unit of measurement equal
to the median size of a residence or 1,500 square feet.
4) Motor Vehicle Trip means each departure from and each arrival to a
property by a motor vehicle.
5) Nonresidential Benefitted Property means Benefitted Property not defined
Residential Benefitted Property under this article.
6) 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
062513 ORD #1 SMF as amended prior to 2nd reading
029876
Page 1 of 4
INDEXED
community.
7) Street Maintenance Fee ( "Fee') means the fee established by this article
imposed against, and collected from, owners or occupants of Benefitted
Property for the purpose of maintaining the street system of the City.
8) Street Preventative Maintenance Program ( "SPMP') means the street
maintenance program, as amended from time to time, funded by the
Street Maintenance Fee.
9) 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.
10) Trip Factor means a principle basis of service measurement, principally
derived from the trip generation rates published by the Institute of
Transportation Engineers.
11) 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 3. FEE ESTABLISHED.
A Street Maintenance Fee is established to be implemented by policies, rates,
and methodologies established by separate ordinance.
The City Council finds, determines and declares that in order to protect the
citizenry from the deterioration of the quality and safety of the Street System that they
rely upon and use on a regular basis, it is necessary and in the best interest of the
public health and safety to establish a Street Maintenance Fee in order to provide a
properly maintained road system.
To this end, the City Council will establish a schedule of Street Maintenance
Fees subject to the limitations of the state law to cover the costs to the City to provide
maintenance of the Street System. The City will offer this maintenance service in a
nondiscriminatory, reasonable and equitable manner.
(a) Council hereby establishes a Street Maintenance Fee, imposed against,
and to be paid by, each Utility Customer and owner of Benefitted Property
062513 ORD 1 1 SMF as amended prior to 2nd reading Page 2 of 4
within the city limits, set in amounts that will provide sufficient funds to
properly maintain the Street System.
(b) Collection of the Fee against each Benefitted Property shall be made by a
monthly charge to be added to the utility bill for such property.
(c) Council will by separate ordinance establish the rate based upon the cost
to the City for maintaining the Street System.
SECTION 4. 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, the Street Preventative Maintenance Program, and the costs
incidental thereto.
SECTION 5. 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 6. 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
EFFE,CTIV DATE
062513 ORD #1 SMF as amended prior to 2nd reading
CITY OF CORPUS CHRISTI
Nelda Martinez
Mayor
Page 3 of 4
That the foregoing di once wa read for the first time and passed to its second
reading on this the tD 'day of .�13, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
That t e f regoing ordinance, was read for the second time and passed finally on this
the day of
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
, 2013, by the following vote:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED, this the
g5t1-)
day of
ATTEST:
faY)r—te9)-0-
Nelda Martinez
Ito
Armando Chapa
City Secretary Mayor
082513 ORD #1 SMF as amended prior to 2nd reading
029576
, 2103.
Page 4 of 4