The city hereby adopts the provisions of subchapter C of chapter
552 of the Texas Local Government Code, (the “act”), and
hereby creates and establishes a stormwater utility system to serve
the city, which boundaries shall be the boundaries of the city. The
city declares the stormwater utility system to be a public utility
and further finds that the city shall:
(1) Establish a schedule of stormwater (drainage) charges against all
real property in the city subject to charges under subchapter C of
chapter 552 of the Texas Local Government Code;
(2) Provide stormwater (drainage) facilities and services for real property
in the city on payment of stormwater charges, except such real property
which may be exempted therefrom as authorized by law; and
(3) Offer such drainage (stormwater) service on nondiscriminatory, reasonable
and equitable terms.
(Ordinance 913-2012 adopted 2/28/12)
It shall be the duty of the city manager to administer the stormwater
utility system. The city engineer shall keep an accurate record of
all properties benefited or served by the stormwater utility system
and the stormwater utility fee charged for each parcel or portion
of a parcel. The record may be maintained within the city’s
utility billing system or in other recordkeeping systems that may
be developed.
(Ordinance 1239-2019, sec. 87, adopted 8/13/19)
The city makes no representation that all of stormwater problems
will be remedied; and the city council is given full discretion in
establishing the time and quantitative priorities in expending funds
on a reasonable basis as the same become available to meet the stormwater
needs of the city. This section shall not be construed to relieve
private landowners, developers or other individuals or entities from
providing stormwater improvements pursuant to the ordinances of the
city and the laws of this state which relate to stormwater or stormwater
improvements. Further, the city does not waive any immunity granted
under any law.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 88, adopted 8/13/19)
Employees of the city shall have access, at all reasonable times,
to any benefited properties served by the stormwater utility system
for inspection or repair or enforcement of the provisions of this
article and chapter 522, subchapter C, Local Government Code.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 88, adopted 8/13/19)
The following definitions apply to the establishment and the
operation of the stormwater utility system:
Act.
Chapter 552, subchapter C, “Municipal Drainage Utility
Systems,” of the Texas Local Government Code, as amended.
Allocated portion of a parcel.
That portion of a parcel which has been allocated to an owner
or customer based on the area utilized by the owner or customer compared
to the total area of a parcel.
Benefited property.
An improved parcel, lot or tract to which stormwater service
is made available. All parcels within the city receive stormwater
service in some manner directly or indirectly.
City.
The City of River Oaks.
City engineer.
The engineering consultant firm as authorized by the city
council.
City manager.
The city manager as designated pursuant to the city charter
as adopted and as amended.
Customer.
The person(s) or entity(ies) recorded as the customer or
user of utility services for a parcel as recorded in the records of
the city’s utility billing.
Dwelling unit.
Any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking and sanitation,
as required by applicable city codes, for not more than one family,
or a congregate residence for 10 or less persons. A dwelling unit
may be a single-family house, a town home, a manufactured home or
a portion of a duplex, triplex or quadplex.
Impervious area (or impervious surface).
A surface that has been compacted or covered with a layer
of material so that it is resistant to infiltration by water and does
not have a natural state of vegetative cover. Impervious areas include,
but are not limited to, compacted soils with a surface treatment,
gravel, crushed stone surfaces or soil compacted by vehicle traffic,
asphalt or concrete pavement, parking lots, driveways, sidewalks and
private roadways, and buildings, and other manmade structures, surfaces,
or any uses that change the natural surface of the land and have the
effect of increasing, concentrating, or otherwise altering stormwater
runoff from that experienced under natural vegetative conditions.
Improved parcel.
A lot or parcel that has been changed from its natural state
by construction of a structure or other improvement on all or a portion
of it that causes an impervious surface or change in the natural state
of the vegetated soil on the property.
Nonresidential property.
An improved parcel which is not a residential property, including
commercial, industrial, institutional, governmental, apartments, condominiums,
homeowners’ association and similar properties.
Owner.
The person(s) or entity(ies) recorded as the owner of a parcel
as recorded in the records of the county appraisal district.
Parcel.
One or more lots or tracts, or portions of lots or tracts.
Residential property.
An improved parcel upon which not more than four (4) dwelling
units are constructed.
Stormwater infrastructure or drainage infrastructure.
The property, real, personal or mixed, that is used in providing
stormwater capacity to manage and control stormwater runoff for the
stormwater utility system, including bridges, catch basins, channels,
conduits, creeks, culverts, detention ponds, retention ponds, ditches,
draws, creeks, 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 stormwater runoff away, collect, store, or treat the stormwater
runoff, or divert the stormwater runoff into natural or artificial
watercourses. Drainage infrastructure has the same meaning as stormwater
infrastructure.
Stormwater only account.
A utility billing account established for the sole purpose
of billing applicable stormwater utility fees where other utility
services are provided privately or through suppliers other than the
city or its contractors.
Stormwater runoff potential.
Relative potential for causing stormwater runoff quantities
or velocities from a parcel based on the type of development or land
use on the parcel and the size of the parcel.
Stormwater utility fee or drainage utility fee.
The charge, including interest and penalties, paid by the
owner or customer of a benefited property for stormwater services
provided by the stormwater utility system, including, but not limited
to, the items described in the definition of “cost-of-service”
in section 552.044(2) of the act. Stormwater utility fee has the same
meaning as the drainage utility fee.
Stormwater utility system or drainage utility system.
The stormwater utility system owned or controlled, in whole
or in part by the city, including the city’s existing stormwater
facilities, materials, and supplies and any stormwater facilities,
materials, and supplies hereafter constructed or utilized, and dedicated
to the service of benefited property, and including provision for
additions to the system. The stormwater utility system has the same
meaning as the drainage utility system.
Wholly sufficient and privately owned stormwater system.
Land and facilities owned and operated by a person or entity
other than the city and from which stormwater does not discharge under
any storm frequency event or conditions into a creek, river, slough,
culvert, channel or other infrastructure that is part of the city’s
stormwater utility system.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 88, adopted 8/13/19)
(a) Stormwater utility rate classes.
A stormwater utility
fee is established, and the fee shall be imposed on each benefited
property within the city for services and facilities provided by the
stormwater utility system. For purposes of imposing the stormwater
utility fee, all eligible parcels within the city are classified into
the following categories:
(b) Responsible party.
(1) The stormwater utility fee shall be billed monthly along with other
utilities provided to the property, including water, wastewater or
solid waste (garbage) services.
(2) The bill imposing the stormwater utility fee will be mailed to either
the owner or customer who is currently established as the responsible
party for water, wastewater and solid waste service for the parcel;
and, the owner or customer recorded in the utility billing system
will be responsible for payment of the fee.
(3) Where an improved parcel is not occupied by a customer that might
use water, wastewater, solid waste or other utility service and considered
by the city to be vacant, either on a temporary or permanent basis,
the city may bill the owner of the parcel for the stormwater utility
fee.
(4) Where an improved parcel is not billed for water, wastewater, solid
waste or other service to an owner or customer of the city, the city
is hereby authorized to establish a “stormwater only account”
and to bill the stormwater utility fee to either the owner or customer,
as the city manager determines is appropriate.
(c) Revision of rates.
The city council shall establish
the initial rates for the stormwater utility fee by ordinance. The
city council may review the schedule of rates at any time and may,
by ordinance, increase or decrease the rates within the schedule,
upon a determination that said increase or decrease is warranted.
(d) Billing procedures and policies.
(1) Any partial payment of the stormwater utility fee will be applied
against the amount due in accordance with the policies and procedures
established by the city with regard to all utility services provided
by the city.
(2) A late charge and interest may be imposed in accordance with the
policies and procedures established by the city with regard to all
utility services.
(e) Nonpayment.
The city may file suit to recover any charges
due hereunder, together with maximum interest, attorney fees and other
costs and charges that may be allowed by the act or other law, which
is not paid when due. In addition to any other remedies or penalties
provided by law or in this article, failure of a customer or owner
of the stormwater utility system to pay the charges promptly when
due shall subject such customer or owner to discontinuance of any
utility services provided by the city and/or placement of a lien against
the property.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 89, adopted 8/13/19)
(a) Rates in accordance with act.
The stormwater utility
fee shall be established in accordance with the provisions of the
act.
(b) Fee calculation.
The stormwater utility fee shall be
based on an inventory of parcels within the city which also evaluates
the stormwater runoff potential on those parcels and establishes a
rate for each class of property. The stormwater utility fee shall
be set to recover the cost-of-service that has been established for
the stormwater utility system in a fair and equitable manner, and
if so determined by the city council, an amount to establish one or
more funds to provide financing for future stormwater system construction
and for implementing programs to improve stormwater quality. The proportional
stormwater runoff potential for each class shall be distributed equitably
between classes and among the parcels in each class in proportion
to the relative contribution of stormwater runoff from each class
as follows:
(1) Residential class.
There are six (6) residential districts
(“R-1,” “R-2,” “R-3,” “R-4,”
“R-5” and “R-6”) within the city pursuant
to the city’s comprehensive zoning ordinance as adopted and
as amended. “R-3” is the middle type class of residential
zoning that is used as the basis for establishing the development
criteria within the city when no other provisions are applicable.
The intent of the zoning ordinance is to maintain 40% open space on
any residentially platted lot with 60% available for buildings, and
other manmade structures, surfaces, or any uses that change the natural
surface of the land.
(A) For the purpose of residential class, the equivalent residential
unit (ERU) is defined as being 4,500 square feet of impervious area.
(B) Single-family residential properties shall be assessed (1) ERU per
month as follows: The minimum lot size in a R-3 single-family district
is 7,500 square feet x 60% (factor for improvements) = 4,500 square
feet being the equivalent residential unit (ERU).
(2) Nonresidential class.
All nonresidential properties
will be billed stormwater utility fees for nonresidential property,
which shall be calculated for each improved parcel based upon the
stormwater runoff potential on each parcel measured as impervious
area in square feet (SF) at the following rate:
Nonresidential parcel: Fee = Allocated impervious area on the
parcel(s) in square feet (SF) x $0.00177/SF/month.
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(c) Stormwater runoff potential.
For purposes of establishing
the stormwater runoff potential on parcels between and within each
rate class, the impervious area for parcels may be inventoried from
information established by the county appraisal district, from geographic
information system records, from aerial photography and/or from site
plans or plats available for properties within the city. The impervious
area measured in square feet as obtained from these database sources,
site plans or other survey or engineering calculations shall be used
to establish the relative stormwater runoff potential for each rate
class and among parcels within each rate class.
(Ordinance 913-2012 adopted 2/28/12)
(a) Appeal of stormwater utility fees to the city manager.
An owner or customer who has been charged a stormwater utility fee
for a nonresidential parcel, and believes that the calculation of
the stormwater utility fee is incorrect or inapplicable, may appeal
the fee to the city manager by filing a notice of appeal and paying
a $100.00 application fee.
(b) Process.
(1) An appeal can be filed by completing a form created by the city manager
that describes the basis for the claimant appealing the data, including
the provision of independent engineering reports supporting a more
accurate impervious area calculation.
(2) The appeal shall set forth in detail the grounds upon which relief
is sought. The city manager shall decide on the appeal based upon
a preponderance of the evidence.
(3) The information submitted to the city must be complete in order to
conduct an evaluation of the appeal. A response regarding receipt
and completeness by the city manager will be provided within ten (10)
days of the receipt of the receipt of the completed appeal form and
supporting material. Any billing adjustments made after April 1, 2012
shall be applied only to the next billing cycle following a decision
made by the city.
(4) Properties classified as residential shall not have an individual
appeals process separate from that offered in the public hearing prior
to the initial implementation of the utility system fee.
(5) The utility billing office shall refer questions of impervious fee
calculations to the city manager.
(6) The city manager, based from the review and data supported by the
city engineer, shall make determinations of impervious area appeals.
(7) Billing and payment disputes for administrative issues shall be subject
to appeals procedures used by the city for other billing disputes.
(8) Appeals for the following reasons shall be directed to the city manager
or his/her designee for evaluation and determination.
(A) The applicability of a stormwater utility fee for a parcel;
(B) The calculation of applicable stormwater runoff potential for a parcel;
(C) The calculation of the stormwater utility fee for a parcel; or
(D) The discontinuance of utility service, or other legal actions for
nonpayment of stormwater utility fees.
(9) The city manager or his/her designee shall render a written decision
on such appeals within thirty (30) days after receiving a complete
written notice of appeal from the landowner.
(c) Supporting information for appeal.
The person filing
the appeal may be required, at the person’s cost, to provide
supplemental information to the city engineer, including but not limited
to survey data sealed by a state-licensed professional land surveyor,
engineering reports sealed by a state-licensed professional engineer
qualified in civil engineering, or other documentation that the city
engineer deems necessary to properly evaluate the appeal. Failure
to provide requested information in a timely manner may result in
denial of the appeal.
(d) Appeal of stormwater utility fees to the city council.
(1) An owner or customer may appeal the decisions of the city manager
to the city council.
(2) The owner or customer shall file a written appeal to the city council
within thirty (30) days following receipt of the city manager’s
decision. The city council shall hear the appeal within sixty (60)
days of receipt of the appeal by the city manager. Notice of the hearing
shall be mailed to the address given in the appeal form or, if no
address is given, to the address on the utility billing statement
at least fourteen (14) days prior to the hearing.
(3) The burden of proof shall be on the owner or customer to demonstrate that the fee is not applicable or that the determination of the value of the fee was not calculated according to the applicable stormwater fee schedule or the methodologies established in section
13.12.012, “Stormwater utility fee,” and this chapter, “Utilities,” of this code. If applicable, and if not previously submitted to the city manager, the owner or customer shall submit, with the appeal, a report describing the basis for the appeal. The report shall be prepared by a state-licensed professional engineer qualified in civil engineering. The failure to submit such a report shall be considered in determining whether the applicant has met the burden of proof.
(4) If the appeal is accompanied by a bond or other sufficient security
satisfactory to the city attorney in an amount equal to the original
determination of the stormwater utility fee due, any discontinued
utility services may be reinstated while the appeal is pending.
(5) At the hearing, the city council shall allow testimony from the applicant,
city employees and other interested persons relevant to the appeal.
The hearing may be continued from time to time.
(6) Following the hearing, the city council shall consider all evidence
and determine whether the appeal should be granted (in whole or in
part) or denied.
(7) The city council shall complete its review and make a decision about
the appeal within thirty (30) days of the hearing. The city council
shall apply the standards and review criteria contained in this section.
(8) The city council’s decision shall be final.
(e) Imposition and appeal of lien.
(1) Before imposing a lien for delinquent stormwater utility charges,
the city shall send notice to the owner of the amount of the charges
owed and any penalties or interest accrued, and of the owner’s
right to appeal the imposition of the lien. The notice must provide
a time, place and means by which the charges causing the lien may
be paid or disputed. The notice shall be sent to the address shown
on the tax rolls if the owner has not notified the city of a different
address.
(2) Within ten (10) working days of the postmark of the notice sent by
certified mail, return receipt to the owner, the owner may appeal
the decision to impose the lien on the property to the city manager.
(3) The owner shall present evidence at a meeting with the city manager.
Within five (5) working days after the date of the meeting, the city
manager shall direct that the lien not be filed if he finds the customer
or the owner does not owe a fee, and shall give the owner written
notice of the decision.
(4) If warranted, the city manager may modify the lien to reflect the
true amount of delinquency in payment for services to the property.
(5) When a person pays all principal, interest and all other charges
allowed by law that are secured by a lien filed pursuant to this article,
the city manager shall execute a release of that lien.
(Ordinance 1239-2019, sec. 90, adopted 8/13/19)
If, after at least five (5) years of substantially continuous
operation of the stormwater utility system, the city council determines
that the stormwater utility system should be discontinued, the powers
under the act should be revoked, and the provision for financing municipal
stormwater costs should be made by using other revenues, the city
council may adopt an ordinance that in effect, after providing notice
and a public hearing as required by the act, discontinues the stormwater
utility system.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 91, adopted 8/13/19)
(a) Stormwater fund.
A stormwater utility fund is established
and may consist of one or more accounts. All stormwater utility fees
shall be deposited as collected and received into this fund, and shall
be used exclusively for stormwater services as stated in section 522.044(2)
[552.044(2)] of the act, including, but not limited to the following:
(1) The cost of the acquisition of land, rights-of-way, options to purchase
land, easements, and interests in land relating to structures, equipment,
and facilities used in draining the benefited property;
(2) The cost of the acquisition, construction, repair, and maintenance
of structures, equipment, and facilities used in draining the benefited
property;
(3) The 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,
designing, providing, or determining the feasibility and capability
of structures, equipment, and facilities used in draining the benefited
property;
(4) The cost of all machinery, equipment, materials and appurtenances,
and facilities necessary or incident to the provision and operation
of draining the benefited property;
(5) The prorated cost of funding and financing charges and interest arising
from construction projects and the start-up cost of a stormwater facility
used in draining the benefited property;
(6) The prorated cost of debt service and reserve requirements for funding
of stormwater infrastructure, equipment and facilities paid with revenue
bonds or other securities or obligations issued by the city and supported
by pledge of stormwater revenues including any fees and expenses incidental
thereto;
(7) To the extent permitted by law, the cost of constructing, sampling,
monitoring, building, inspecting and maintaining structures needed
for the state’s regulation and permitting requirements imposed
on the city for providing stormwater quality improvements for the
benefited property; and
(8) The administrative costs of the stormwater utility system.
(b) Stormwater fund accounting.
(1) The city shall clearly account for revenues and expenditures authorized
for operation of the stormwater utility system.
(2) The revenues collected from stormwater utility fees shall be segregated
and completely identifiable from other city funds and accounts.
(3) Funds and revenues in the stormwater utility fund may be transferred
to the city’s general fund as allowed by law.
(c) Stormwater service deposit.
A deposit shall not be charged
for initiation or continuation of stormwater utility service.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 91, adopted 8/13/19)
The following entities or persons shall be exempt from payment
of the fees established by this article:
(1) State government entities.
A state governmental entity
listed below, and a parcel in which the governmental entity holds
a freehold interest is exempt from payment of the fees established
by this article:
(2) Institutes of higher education.
A public or private
institution of higher education is exempt from payment of the fees
established by this article.
(3) Undeveloped property exemption.
Any property to which
a mandatory exemption under section 552.053 of the act applies is
exempt from this article, including without limitation:
(A) Property with proper construction and maintenance of a wholly sufficient
and privately owned stormwater system that does not discharge under
any storm frequency event or conditions to waterways controlled or
maintained by the city;
(B) Property held and maintained in its natural state, until such time
that the property is developed and all of the public infrastructure
constructed has been accepted by the city for maintenance; and
(C) A subdivided parcel or lot, until a structure has been built on the
lot and a certificate of occupancy has been issued, or the city has
taken another official action to release the property for occupancy.
(4) Other exemptions.
Any property owned by the following
described or identified entities are exempt from payment of the fees
established by this article:
(D) The United States government.
(5) Proof of exemption.
If the owner of property asserts that such property is exempt pursuant to this section or any other applicable law, such property owner has the burden to assert such exemption by filing notice of eligibility for such exemption and sufficient evidence of entitlement to such exemption with the city manager. If the exemption is not granted, the owner may appeal using the procedures for appeal provided in section
13.12.008, “Appeal,” above.
(Ordinance 913-2012 adopted 2/28/12; Ordinance 1239-2019, sec. 91, adopted 8/13/19)
Stormwater utility fees provided for in this article as amended
are calculated based on the total stormwater runoff potential for
improved parcels for each customer class within the city measured
as impervious area in square feet (SF). The total stormwater runoff
potential shall be divided into the two (2) customer classes of residential
and nonresidential based on the relative amount of impervious area
in each class.
(1) Residential property fees.
Stormwater utility fees for
residential property, as defined in this article, shall be calculated
for each dwelling unit at the following flat rate per dwelling unit:
Residential property: Fee = $7.00 per dwelling unit per month.
(2) Nonresidential property fees.
Stormwater utility fees
for nonresidential property, shall be calculated for each improved
parcel based upon the stormwater runoff potential on each parcel measured
as impervious area in square feet (SF) at the following rate:
Nonresidential property: Fee = Allocated impervious area on
the parcel(s) in square feet (SF) x $0.00310/SF/month.
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(Ordinance 1123-2016 adopted 11/22/16; Ordinance
1392-2023 adopted 11/28/2023)