The following definitions apply to the revision of and the operation
of the drainage (stormwater) utility system:
means V.T.C.A., Local Government Code ch. 402, subch. C,
as amended.
means 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.
means an improved parcel, lot or tract to which drainage
(stormwater) service is made available.
means the City of Richland Hills.
means the person(s) or entity(ies) recorded as the customer
or user of utility services for a parcel or an allocated portion of
a parcel as recorded in the records of the city's utility billing
system.
means the city's director of public works or the director
of public works' designee.
means 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, including a single-family house, a townhome, a manufactured
home or a portion of a duplex, triplex or quadplex.
means a unit of measurement of impervious surface area upon
the average single-family residential parcel within the city, measured
in square feet (SF), and includes the residential structure, garage,
driveway sidewalks, patios, out buildings and other impervious areas.
means 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 or soil compacted by vehicle traffic,
asphalt or concrete pavement, parking lots, driveways, sidewalks and
private roadways, buildings, and other manmade structures, surfaces,
or uses that change the natural surface of the land and have the effect
of increasing, concentrating, polluting or otherwise altering stormwater
runoff from that experienced under natural vegetative conditions.
means 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 parcel or property.
means an improved parcel which is not a residential property,
including commercial, industrial, institutional, governmental, apartments,
condominiums, home owners' association and similar properties.
means the person(s) or entity(ies) identified as the owner
of a parcel in the records of the Tarrant County Appraisal District.
means one or more lots or tracts, or portions of lots or
tracts.
means an improved parcel upon which not more than four dwelling
units are constructed.
means the area within the boundaries of the city.
means the property, real, personal or mixed, that is used
in providing stormwater capacity to manage and control stormwater
runoff for the drainage (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."
means a utility billing account established for the sole
purpose of billing applicable drainage (stormwater) utility fees where
other utility services are provided privately or through suppliers
other than the city or its contractors.
means any expenditures that are required to finance, operate
and maintain stormwater infrastructure including debt service, equipment,
personnel, educational and administrative expenditures.
means relative potential for causing stormwater runoff quantities,
velocities or qualities from a parcel based on the type of structures,
development, land use, and impervious area on the parcel and the size
of the parcel.
means the charge, including interest and penalties, charged
to and paid by the owner or customer of a benefitted property for
drainage (stormwater) services provided by the drainage (stormwater)
utility system, including but not limited to the items described in
the definition of "cost-of-service" in V.T.C.A., Local Government
Code § 402.044(2). "Stormwater utility fee" and "drainage utility
fee" shall have the same meaning.
means the drainage (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 benefitted property, and including provision for
additions to the system. "Stormwater utility system" and "drainage
utility system" shall have the same meaning.
means 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 drainage (stormwater) utility system.
[Ord. No. 1120-08, § 1, 8-12-2008]
The city hereby reaffirms its adoption of the Act for operation
of a drainage (stormwater) utility system to serve the city, which
boundaries shall be the boundaries of the city. The city declares
the drainage (stormwater) utility system to be a public utility and
further finds and declares that the city shall:
(1)
Establish
a schedule of drainage (stormwater) charges against all real property
in the city subject to charges under the Act; and
(2)
Provide
drainage (stormwater) facilities and services for real property in
the city on payment of drainage (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.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Duty
of director of public works.
It shall be the duty of
the director of public works to administer the drainage (stormwater)
utility system. The director of public works shall keep an accurate
record of all properties benefitted or served by the drainage (stormwater)
utility system and the drainage (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.
(b)
Program
implementation.
By the adoption of this article, the
city makes no representation that all of drainage (stormwater) problems
will be remedied. The city council is given full discretion in establishing
the time and quantitative priorities in expending funds on a reasonable
basis as the same becomes available to meet the stormwater needs of
the city. The adoption of this article shall not be construed to relieve
private land owners, 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.
(c)
Access
to benefitted properties.
Employees of the city shall
have access, at all reasonable times, to any benefitted properties
served by the drainage (stormwater) utility system for inspection
or repair or enforcement of the provisions of this article and the
Act.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Stormwater
utility rate classes.
A drainage (stormwater) utility
fee is established, and the fee shall be imposed on each benefitted
property within the city for services and facilities provided by the
drainage (stormwater) utility system. For purposes of imposing the
drainage (stormwater) utility fee, all eligible parcels within the
city are classified into the following categories:
(b)
Responsible
party.
(1)
The drainage (stormwater) utility fee shall be billed monthly along
with other utilities provided to the property, including water, wastewater
or refuse (or garbage) services.
(2)
The bill imposing the drainage (stormwater) utility fee will be mailed
to the customer who is currently established as the responsible party
for water, wastewater and/or refuse service for the parcel. The customer
recorded in the city utility billing system will be responsible for
payment of the fee, regardless of whether such customer is the owner
of the property.
(3)
When there is no active customer account recorded in the city utility
billing system for an improved parcel for water, wastewater, refuse
or other utility service, or the improved parcel is otherwise considered
by the city to be vacant, either on a temporary or permanent basis,
or when an improved parcel is not served by other city utility services
for any reason, the city may establish a "stormwater only account"
and bill the owner of the parcel for the drainage (stormwater) utility
fee, and the owner will be responsible for payment of the fee.
(c)
Revision
of rates.
The city council shall establish the rates
for the drainage (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 drainage (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.
In addition to any other remedies or penalties provided by law
or in this article, failure of a customer or owner to pay the charges
of the drainage (stormwater) utility system 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.
The city may file suit to recover any charges due hereunder, together
with maximum interest, attorney's fees and other costs and charges
that may be allowed by the Act or other law, which is not paid when
due.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Applicability
of stormwater utility fees.
The city council hereby establishes the drainage (stormwater) utility fees as set forth herein. Drainage (stormwater) utility fees will be levied against all real property in the established service areas except real property that is exempted in the stormwater utility ordinance, article III of chapter 86 of the Richland Hills City Code. These fees shall be imposed and issued with utility billing statements issued on and after January 1, 2019.
(b)
Calculation
of stormwater utility fee.
(1)
Stormwater utility fee calculation.
The drainage (stormwater) utility fees contained herein shall be included in and become part of the city fee schedule contained as appendix A to the city Code and shall be 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 monthly stormwater fee calculation is based on the average impervious area of 2,600 square feet for an equivalent residential unit (ERU).
(2)
Stormwater utility fees.
The total stormwater runoff
potential for the service area shall be divided into the two customer
classes of residential and non-residential based on the relative amount
of impervious area in each class.
(3)
Schedule of monthly drainage (stormwater) utility fees.
The monthly drainage (stormwater) utility fees, as defined in the stormwater utility ordinance, article III of chapter 86 of the city Code, shall be as provided below:
a.
The monthly drainage (stormwater) utility fees for each residential dwelling unit, or ERU, as defined in the stormwater utility ordinance, article III of chapter 86 of the city Code, shall be $8.00 beginning January 1, 2019, and for each fiscal year thereafter.
b.
The monthly drainage (stormwater) utility fees for the impervious area, on each non-residential parcel, measured in square feet (SF), as defined in the stormwater utility ordinance, article III of chapter 86 of the city Code, shall be $0.00500 per square feet beginning January 1, 2019 and for each fiscal year thereafter.
(4)
Revision of rates.
The drainage (stormwater) utility
fee may be revised by the city council by ordinance from time to time
as permitted by law.
[Ord. No. 1120-08, § 1, 8-12-2008; Ord. No. 1372-18, §§ 1, 2, 12-10-2018]
(a)
Appeal
of issues relating to drainage (stormwater) utility fees to the director
of public works.
(b)
Appeal
process.
(1)
A person desiring to appeal the fee determination to the director
of public works shall file a notice of appeal in writing with the
director of public works within 15 days of being notified of the fee
determination. The notice of appeal must set forth in detail the grounds
upon which relief is sought and include all documentation supporting
the appeal. The director of public works may decide the appeal based
upon the notice of appeal and supporting documentation presented and
the information contained in the city's file and any other information
relied upon by the city in the original fee determination. No evidence
not included with the notice of appeal will be considered, and no
hearing will be held, unless the director of public works determines
in the director's sole discretion that an informal hearing would assist
the director in determining the merits of the appeal, in which case
the director shall provide at least three business days' written notice
to the appellant of a date and time for such informal hearing. In
any case, the director of public works shall decide on the appeal
based upon a preponderance of the evidence.
(2)
Until October 1, 2009, the director of public works shall issue a
decision on the appeal within 120 days from the date that the director
of public works receives the appeal. If the director of public works
determines an adjustment is warranted, the director shall authorize
an adjustment which shall be prospective and retroactive for one year
prior to the receipt of the appeal.
(3)
Beginning on October 1, 2010, the director of public works shall
issue a decision on the appeal within 30 days from the date that the
director of public works receives the appeal. If the director of public
works determines an adjustment is warranted, the director shall authorize
an adjustment which shall be prospective and shall also be retroactive
to the date of receipt of the appeal.
(4)
The director of public works shall issue a written decision on an
appeal.
(c)
Supporting
information for appeal.
The appellant may be required,
at the appellant's cost, to provide supplemental information to the
director of public works, including but not limited to survey data
sealed by a Texas licensed professional land surveyor, engineering
reports sealed by a Texas licensed professional engineer qualified
in civil engineering, or other documentation that the director of
public works deems necessary to properly evaluate the appeal. If so
requested, the appellant shall provide such information within 30
days of such request, and the deadline for determination of the appeal
will be extended accordingly. Failure to provide requested information
in a timely manner may be considered by the director of public works
in determining the appeal, and shall be sufficient grounds for denial
of the appeal.
(d)
Appeal
of issues relating to drainage (stormwater) utility fees to the city
council.
(1)
An owner or customer may appeal the following decisions of the director
of public works to the city council:
a.
The applicability of a drainage (stormwater) utility fee for a parcel;
b.
The calculation of applicable stormwater runoff potential for a parcel;
c.
The calculation of the drainage (stormwater) utility fee for a parcel;
or
d.
The discontinuance of utility service, filing of a lien, or other
legal actions for nonpayment of drainage (stormwater) utility fees.
(2)
In order to appeal, the owner or customer shall file a written appeal
to the city council with the city secretary within 15 days following
receipt of the director of public works' decision that is being appealed.
The city council shall hear the appeal within 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 15 days prior
to the hearing.
(3)
Any appeal shall be governed by the following rules and procedures:
a.
Such appeal shall be set as an item on the regular city council agenda.
b.
At the hearing of the appeal, the city council may consider facts
or evidence as the city council determines is appropriate. The director
or administrator shall present the facts and evidence relied upon
by the director of public works and the reasons for the ruling; the
appellant shall then have an opportunity to present the facts and
evidence relied upon by the appellant; the city council shall then
consider any facts or evidence from the public or other interested
persons. The city council may ask questions of the director, the appellant,
or any other interested persons as the city council determines is
appropriate. The city council may limit the time for any presentation
in its sole discretion, and may continue the hearing to a subsequent
meeting at the council's discretion. Upon the conclusion of the hearing,
the city council may render its decision or it may take the appeal
under advisement and make or render its decision on the appeal within
30 days of the hearing. Any appeal shall be determined by majority
vote of the members of the city council then present at a meeting
of the council. The city council's decision shall be final.
c.
Written documents or evidence which any party, including the director,
wishes to submit must be filed with the city secretary and submitted
to the city council no less than three business days prior to the
appeal hearing. Any interested party may review any documents so submitted
prior to the hearing upon request, during normal business hours. The
owner or customer may submit a report describing the basis for the
appeal prepared by a Texas 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 and shall be sufficient grounds for denial of the appeal.
d.
The burden of proof shall be on the appellant 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 this article.
e.
No appeal for the same or related issue on the same piece of property
shall be allowed from a previous ruling on any appeal absent a material
change of circumstances. If the appellant asserts such a change of
circumstances and seeks rehearing of an appeal, such appeal need not
be considered unless the applicant presents in writing evidence establishing
such change of circumstances. Any such subsequent appeal shall be
considered entirely on its merits and the peculiar and specific conditions
related to the property on which the appeal is brought.
f.
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 drainage (stormwater) utility fee due, any discontinued
utility services may be reinstated while the appeal is pending. The
city council shall apply the standards and review criteria contained
in this article.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Termination
of utility service.
The city shall keep an itemized account
of the amounts owed pursuant to this article. If any account is not
paid within 45 days of the date billed, the city shall send notice
to the customer, the city will send notice of intent to terminate
utility services within seven days of the date of the letter, and
if the customer fails to pay the amount owed or make other arrangements
satisfactory to the city, the city is authorized to terminate utility
services pursuant to its normal and customary business practices.
(b)
Notice
of intent to place lien.
If any amount is not paid within
60 days of the date billed, the city shall send notice to the owner
both at the property address and at the billing address maintained
by the Tarrant Appraisal District. Such notice shall contain the following
information:
(1)
The name and address of the customer to whom utility bills were sent
pursuant to this article III;
(2)
The street address and a legal description of the real property on
which the building is or was located;
(3)
A statement of charges and the balance due, including any late charges
and administrative fees incurred; and
(4)
A statement that the charges are unpaid and delinquent, and that
if not paid within 30 days, a lien will be placed upon the premises.
(c)
Appeal
of notice of intent to place lien.
The owner may appeal
the decision to impose the lien on the property to the director of
public works by filing a written notice of appeal as provided in this
article. If such an appeal is filed, either with the director of public
works or the city council, the filing of the notice of lien pending
the decision on such appeal.
(d)
Notice
of lien filed in county records.
If full payment or a
notice of appeal and sufficient bond guaranteeing payment in form
acceptable to the city as provided herein is not received by the city
within 15 days of such notice, if no appeal of such notice is pending,
the city secretary shall file a notice of lien in the deed records
of the county in which the premises are located. Such notice shall
contain the following information:
(1)
The name and address of the customer to whom utility bills were sent
pursuant to this article III and the name and address of the owner
of the property; and
(2)
The street address and a legal description of the real property on
which the building is or was located; and
(3)
An itemized statement of charges and the balance due, including any
late charges and administrative fees incurred.
(e)
Personal
obligation of property owner.
The expenses incurred by
the city as set forth in the notice of lien shall be a personal obligation
of both the customer and the owner and shall constitute a priority
lien against the property. The city attorney may bring an action in
any court of proper jurisdiction against the owner of the property
to recover the costs incurred by the city.
(f)
Lien
shall be valid and privileged.
Upon filing of the notice
of lien in the Deed Records of Tarrant County, Texas, the lien shall
be valid against the property so assessed. The lien shall be privileged
and subordinate only to tax liens, existing special assessment liens,
and shall be paramount to all other liens. The lien shall continue
until the assessment and all interest due and payable thereon has
been paid.
(g)
Assessment
must be paid.
No utility service, building permit or
certificate of occupancy shall be allowed on any such property until
the assessment is paid and such lien is released by the city.
(h)
Release
of lien.
After the expenses incurred by the city, as
set forth in the notice of lien have been fully paid with interest
of ten percent per annum, the city secretary shall execute a release
of lien which shall be filed in the Deed Records of Tarrant County,
Texas.
[Ord. No. 1120-08, § 1, 8-12-2008]
If, after at least five years of substantially continuous operation
of the drainage (stormwater) utility system, the city council determines
that the drainage (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 drainage (stormwater) utility system.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Drainage
(stormwater) utility fund.
A drainage (stormwater) utility
fund is established and may consist of one or more accounts. All drainage
(stormwater) utility fees shall be deposited as collected and received
into this fund, and shall be used exclusively for drainage (stormwater)
services as provided in 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 benefitted property;
(2)
The cost of the acquisition, construction, repair and maintenance
of structures, equipment and facilities used in draining the benefitted
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 benefitted
property;
(4)
The cost of all machinery, equipment, furniture and facilities necessary
or incident to the provision and operation of draining the benefitted
property;
(5)
The 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 benefitted property;
(6)
The 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)
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 benefitted property; and
(8)
The administrative costs of the drainage (stormwater) utility system.
(b)
Drainage
(stormwater) utility fund accounting.
(1)
The city shall clearly account for revenues and expenditures authorized
for operation of the drainage (stormwater) utility system.
(2)
The revenues collected from drainage (stormwater) utility fees shall
be segregated and completely identifiable from other city funds and
accounts.
(3)
Funds and revenues in the drainage (stormwater) utility fund may
be transferred to the city's general fund as allowed by law.
(c)
Drainage
(stormwater) service deposit.
A deposit shall not be
charged for initiation or continuation of stormwater utility service.
[Ord. No. 1120-08, § 1, 8-12-2008]
(a)
Exemptions.
The following entities or persons shall be exempt from payment
of the fees established by this article:
(2)
Institutes of higher education.
A public or private
institution of higher education;
(3)
The city;
and
(4)
Undeveloped property exemption.
Any property to which
a mandatory exemption under V.T.C.A., Local Government Code §
402.053 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 event or conditions to waterways controlled or
maintained by the city; and
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
or use.
(b)
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 director of public works.
If the exemption is not granted, the owner may appeal using the procedures
for appeal provided in this article.
[Ord. No. 1120-08, § 1, 8-12-2008]
