The following definitions apply to the establishment and the
operation of the stormwater utility system:
Section 552 of the Texas Local Government Code, as amended.
The city administrator of the city or his/her designee.
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.
An improved parcel, lot or tract to which stormwater service
is made available.
The City of Sansom Park.
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 system.
Any person who suffers from a disability as defined by the
Americans with Disability Act of 1990, 42 U.S.C. sections 12101, et
seq. as amended.
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.
Any person who is over sixty-five (65) years of age.
A lot or parcel that has been changed from its natural state
by construction of a structure or other improvement on it that causes
an impervious surface or coverage of the soil on the property.
An improved parcel which is not a residential property.
The person(s) or entity(ies) recorded as the owner of a parcel
as recorded in the records of the county appraisal district.
One or more lots or tracts, or portions of lots or tracts.
An improved parcel upon which not more than four (4) dwelling
units are constructed.
The area within the boundaries of the city.
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, catchbasins, channels,
conduits, creeks, culverts, detention ponds, retention 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 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.
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.
Any expenditures that are required to finance, operate and
maintain stormwater infrastructure including debt service, equipment,
personnel, educational and administrative expenditures.
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.
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 of the act. Stormwater utility fee has the same
meaning as the drainage utility fee.
The ordinance establishing stormwater fees.
This article, as amended from time to time.
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.
Land and facilities owned and operated by a person or entity
other than the city and from 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 481-14 adopted 11/20/14)
(a)
Creation within the meaning of the act.
The city hereby
adopts the provisions of section 552.045 of the Texas Local Government
Code and hereby creates and establishes a stormwater utility system
to serve the city, whose boundaries shall be the boundaries of the
city. The city declares the stormwater utility system(s) to be a public
utility and further finds that the city shall:
(1)
Establish a schedule of drainage (stormwater) charges against all
real property in the city subject to charges under section 552.047
of the Texas Local Government Code;
(2)
Provide drainage (stormwater) for all real property in the city on
payment of drainage 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.
(b)
Duty of administrator.
It shall be the duty of the administrator
to administer the stormwater utility system. The administrator 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 another recordkeeping
system that may be developed.
(c)
Program implementation.
By the adoption of this article,
the city makes no representation that all of the city’s 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. The adoption of this article 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 481-14 adopted 11/20/14)
(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 water,
wastewater or solid waste (garbage) billing.
(2)
The bill imposing the stormwater utility fee will be mailed to either
the owner or customer as 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 the city does not bill water, wastewater or solid waste service
to an owner or customer, 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 administrator
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 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 at 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 481-14 adopted 11/20/14)
(a)
Rates in accordance with act.
The stormwater utility
fee shall be established in accordance with the provisions of the
act, including, but not limited to, section 552.047 [of the Texas
Local Government Code].
(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 equitable
between classes and among the parcels in each class in proportion
to the relative contribution of stormwater runoff from each class.
(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 shall be inventoried from
information established by the county appraisal district, from geographic
information system records, from aerial photography and 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 481-14 adopted 11/20/14)
(a)
Appeal of stormwater utility fees to the administrator.
An owner or customer who has been charged a stormwater utility fee and believes that the calculation or determination of the stormwater utility fee is incorrect may appeal the fee determination to the administrator. The administrator shall evaluate all appeals based on the methodologies for calculating the stormwater utility fee set forth in the section 13.09.009.
(b)
Process.
(1)
The appeal shall be in writing and set forth in detail the grounds
upon which relief is sought. The administrator shall decide the appeal
based upon a preponderance of the evidence.
(2)
The administrator shall issue a decision on the appeal within thirty
(30) days from the date that the administrator receives the appeal.
An adjustment resulting from such a request shall be prospective and
applied to future billings and may also be retroactive for no more
than three (3) months prior to the receipt of the appeal.
(3)
The administrator shall issue a written decision on an appeal.
(c)
Supporting information for appeal.
The person filing
the appeal may be required, at the person’s cost, to provide
supplemental information to the administrator, 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 administrator
deems necessary to properly evaluate the appeal. Failure to provide
requested information in a timely manner may result in the denial
of the appeal.
(d)
Appeal of stormwater utility fees to the city council.
(1)
An owner or customer may appeal the following decisions of the administrator
to the city council:
(A)
The applicability of a stormwater utility fee to 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, filing of a lien or other
legal actions for nonpayment of stormwater utility fees.
(2)
The owner or customer shall file a written appeal to the city council
with the city secretary within thirty (30) days following receipt
of the administrator’s decision. The city council shall hear
the appeal within sixty (60) days of receipt of the appeal by the
city secretary. 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 13.09.009. If applicable, and if not previously submitted to the administrator, 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 a 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 to
the owner, the owner may appeal the decision to impose the lien on
the property to the administrator.
(3)
The owner shall present evidence at a meeting with the administrator.
Within five (5) working days after the date of the meeting, the administrator
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 administrator 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 administrator shall execute a release of that lien.
(Ordinance 481-14 adopted 11/20/14)
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 provisions 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 481-14 adopted 11/20/14)
(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 552.049
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, furniture, 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 paid with revenue bonds or other securities
or obligations issued by the city and supported by pledge of stormwater
revenues;
(7)
To the extent permitted by law, the cost of constructing, sampling,
monitoring, building, inspecting and maintaining structures needed
for the city’s regulations and permitting requirements for stormwater
quality; 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 481-14 adopted 11/20/14)
(a)
The following entities or persons shall be exempt from this article:
(1)
Any property to which a mandatory exemption under section 552.053(c)
of the act applies, 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 events 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;
and
(2)
Any property to which a mandatory exemption under section 430.003
of the Local Government Code applies;
(4)
Elderly and disabled individuals residing in the city, provided such
residents have a household income which is less than two hundred percent
(200%) of the Federal Poverty Level; and
(5)
The city and property owned by the city.
(b)
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 administrator. If the exemption is not granted, the owner may appeal using the procedures for appeal provided in section 13.09.005 above.
(Ordinance 481-14 adopted 11/20/14)
(a)
Established.
The city council hereby establishes stormwater
utility fees as set forth herein. Stormwater utility fees will be
levied against all real property in the established service areas
except real property that is exempted in the article. These fees shall
be imposed and issued with utility billing statements issued on and
after January 1, 2015.
(b)
(c)
Area subject to fee.
(1)
The stormwater utility fee for a parcel will be billed to the owner
or customer who receives the water, sewer or solid waste billing for
the parcel, as recorded in the city’s utility billing system.
(2)
Where an improved parcel is not occupied by a customer that may 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.
(3)
Where the city does not bill water, wastewater or solid waste service
to an owner or customer, 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 director determines
is appropriate.
(d)
Fund.
All stormwater utility fees shall be deposited
in the stormwater utility fund created under this article.
(e)
Uses.
The stormwater utility fee will be utilized to
fund stormwater projects, equipment, personnel and other costs authorized
in section 552.047, drainage charges, of the Texas Local Government
Code and this article.
(Ordinance 485-14 adopted. 12/18/14)
