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HomeMy WebLinkAboutOrdinance 3594 ORDINANCE NO. 3594 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING AND RESTATING ORDINANCE NO. 1741 AND ADDING ARTICLE IX MUNICIPAL DRAINAGE UTILITY SYSTEM; AMENDING APPENDIX A FEE SCHEDULE TO INCLUDE RELATED FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on September 23, 1991, by adoption of Ordinance No. 1741, the City Council of the City of North Richland Hills, Texas established a Municipal Drainage Utility System to provide rules for the use and operation of such system and prescribe and establish fees, together with the assessment, levy, and collection thereof, to finance and fund such system; and WHEREAS, Subchapter C of Chapter 552 of the Texas Local Government Code (formerly Subchapter C of Chapter 402 of the Texas Local Government Code) requires any revision to those fees to be adopted by ordinance after notice and public hearings as required by law; and WHEREAS, the City Council of the City of North Richland Hills, Texas finds it is in the public interest to protect the health and safety of citizens from loss of life and property caused by surface water overflows and surface water stagnation, and recognizes the need for drainage charges in the manner prescribed by Subchapter C of Chapter 552 of the Texas Local Government Code, as amended; and WHEREAS,the City Council of the City of North Richland Hills,Texas finds that the basis for the drainage charges set forth herein is directly related to drainage; and WHEREAS, the City Council of the City of North Richland Hills, Texas finds the subsequent classification of benefitted properties to be nondiscriminatory, equitable, and reasonable; and WHEREAS, the City Council of the City of North Richland Hills, Texas, in setting the schedule of charges for drainage services set forth herein, has based its Ordinance No.3594 Page 1 of 8 calculations upon an inventory of the lots and tracts within the municipal boundaries of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills has considered the average annual rate of inflation since 1992; a market analysis of the average Equivalent Residential Unit of similarly situated cities; and an increase in customers and uses of the benefitted properties which indicate growth of a 44% increase in residential customers and single family lots, and a 66% increase of non-residential customers; and WHEREAS, using official zoning maps of the City of North Richland Hills, Texas with consideration given to size, topography and use of the parcels of the benefitted property, in adopting the methodology for assessing the drainage charges as set forth in Appendix A, the City Council finds that the size of the average residential lot has decreased significantly since 1992 increasing density of development and concentration of drainage runoff, and the City is now 90% improved parcels with 52% single family uses, 6% multi-family uses, and 32% commercial and institutional uses resulting in more impervious surface that has significantly changed the natural surface of the land increasing and altering runoff; and WHEREAS, the City Council of the City of North Richland Hills, Texas finds that the schedule of charges set forth herein, and the rates upon which the schedule of charges was calculated, are equitable for similar services in all areas of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills, Texas held a public hearing on the charges levied and imposed herein, after publishing notice of such public hearing in accordance with Chapter 552 of the Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: All prior references to Subchapter C of Chapter 402 of the Texas Local Government Code, wherever it may appear in the Code of Ordinances, shall be replaced to reference Subchapter C of Chapter 552 of the Texas Local Government Code. SECTION 3: All prior references to Zoning Districts R-4-SD and R-5-D, wherever they may appear in the Zoning Code or the Code of Ordinances, shall be replaced to reference Zoning District R-4-D. Ordinance No.3594 Page 2 of 8 SECTION 4: Ordinance No. 1741 is hereby amended and restated as set forth herein, and Chapter 78 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby'amended to add Article IX which shall be titled Municipal Drainage Utility System, and shall read as follows: ARTICLE IX— MUNICIPAL DRAINAGE UTILITY SYSTEM Sec. 78-500. — Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Benefitted property means an improved parcel, lot or tract to which drainage service is made available. 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. 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. Impervious area (or impervious surface) 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 or crushed stone surfaces, asphalt or concrete pavement, parking lots, driveways, sidewalks and private roadways, and buildings, and other man-made structures, surfaces, or uses that change the natural surface of the land and have the effect of increasing, concentrating, or otherwise altering runoff. Improved parcel means 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. Owner means the person(s) or entity(ies) recorded as the owner of a parcel as recorded in the records of the Tarrant County Appraisal District Parcel means one or more lots or tracts, or portions of lots or tracts. Residential property means an improved parcel upon which not more than four dwelling units are constructed. Ordinance No.3594 Page 3 of 8 Sec. 78-501. — Establishment of the Municipal Drainage Utility System. The City of North Richland Hills, Texas Municipal Drainage Utility System was established within the boundaries of the city, by Ordinance No. 1741 after notice and hearing as required by state law, and declared to be a public utility. Sec. 78-502. — Municipal Drainage Utility System Charges and Billing. A schedule of drainage charges is hereby levied against all real property lying within the city of North Richland Hills, Texas, subject to drainage charges under Subchapter C of Chapter 552 of the Texas Local Government Code. The schedule of drainage charges is set forth in Appendix A — Fee Schedule of the City of North Richland Hills Code of Ordinances. (a) Basic Drainage Charge. The rates set forth herein are calculated on a basis of a drainage charge per Equivalent Residential Unit ("ERU") per month. Runoff coefficients and corresponding rates per acre for various land uses may be modified by the City Council from time to time by a modification of said Basic Drainage Charge. The Basic Drainage Charge and associated cost per acre of impervious land per month is located in Appendix A— Fee Schedule. (b) Single-Family Residential (R1, R2, R3, R-4-D, R-6-T, and R-8). The City Council finds that the single-family residential lots within the City of North Richland Hills, Texas will be charged at a monthly rate per platted lot based on their zoning when a building exists on the platted lot. The charge per lot is based on the Basic Drainage Charge. A table of the associated charges is located in Appendix A— Fee Schedule. (c) Other Lots. Except as provided by subsection (e) below, all other lots, tracts, and parcels of land within the city of North Richland Hills, Texas, shall be charged monthly on the basis of the acreage contained in said lot, tract or parcel of land, and the use made of such property, in accordance with the associated schedule of drainage charges, located in Appendix A—Fee Schedule, which are hereby levied against all such remaining lots, tracts and parcels of land within the City of North Richland Hills, Texas. (d) Unplatted Tracts. All unplatted tracts, platted lots with other than residential zoning, or parcels of land which have solely a residential use are to be charged a drainage fee the same as a platted lot zoned R1 with a house on it. The rate per R1 use shall apply for each residential house which exists on the tract or parcel of land. If in the option of the City the tract or parcel contains an above average amount of impervious cover, an analysis of the tract can be conducted to determine the accurate runoff coefficient for the property. The rate for each such case will be adjusted in accordance with the analysis. Ordinance No.3594 Page 4 of 8 (e) Properties exempted from paying a drainage charge as described in this ordinance are the following: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system. (2) 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. (3) Subdivided lots, until a structure has been built on the lot and a certificate of occupancy has been issued by the City. (4) Property owned by the City of North Richland Hill, Texas. (f) Billing for the charges described in this Article IX shall be monthly and included on the utility billing for water and sewer services. Sec. 78-503—Adjustment of Municipal Drainage Utility System Charges. The City Council of the City of North Richland Hills, Texas, may change, adjust, and readjust the rates and charges established herein for drainage services from time to time by ordinance, in accordance with Chapter 552 of the Texas Local Government Code. Sec. 78-504. — Implementation of the Municipal Drainage Utility System. By adoption of Ordinance No. 1741, and this Ordinance, the city makes no representation that all of the city's drainage 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 becomes available to meet the drainage 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 drainage improvements pursuant to the ordinances of the city and the laws of this state which relate to drainage or drainage improvements. Further, the City does not waive any immunity granted under any law. Sec. 78-505— Rules of Operation and Conduct The City Council of the City of North Richland Hills, Texas, may by subsequent ordinance, adopt rules for the operation and conduct of the North Richland Hills Municipal Drainage Utility System, including exemptions, if any, from the drainage charges levied therein, consistent with its authority and state law. SECTION 5: Exhibit "A," which is attached hereto and incorporated herein, amends Appendix A — Fee Schedule, to set forth the drainage charges as authorized by this Ordinance. The drainage charges shall be evaluated annually for any adjustments needed to maintain the various programs Ordinance No.3594 Page 5 of 8 and systems associated with them. Any adjustments shall be approved by the City Council by ordinance and in accordance with Chapter 552 of the Texas Local Government Code. SECTION 6: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9: The City Secretary is hereby authorized and directed to cause the publication of this ordinance three times as required by law. SECTION 10: This ordinance shall be effective as of October 1, 2019. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of August, 2019. CITY O r NO TH RI AND . By: 6,, Oscar Tre,' o, Mayor Ordinance No.3594 Page 6of8 ATTEST: �\ ��tuuiuunuri�iip,,J. LASCPAAA ,.1 Alicia Richardson; 4.y,Secr ,0,///1///: 9i"It��\\\\ APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Ordinance No.3594 Page 7 of 8 ORDINANCE NO.3594 EXHIBIT"A" Location in Code Description Fee CHAPTER 78. UTILITY Section 78-501 Establishment of Municipal Drainage System Utility Charges and Billing Section 78-502(a) Basic Drainage Charge(BDC) $ 5.50 Charge Per Impervious Acre $ 35.31 Section 78-502(b) Single-Family Residential Drainage Charges (rates are per lot) Zoning-R-1 $ 6.31 Zoning-R-2 $ 4.77 Zoning-R-3 $ 4.08 Zoning-R-4-D* $ 2.09 Zoning-R-6-T $ 1.78 Zoning-R-8 $ 2.63 Note: above rates based on a Basic Drainage Charge of$5.49 per Equivalent Residential Unit per month *Previous Zoning Districts R-4-SD and R-5-D are now combined into a single Zoning District referred to as R-4-D Section 78-502(c) All Other Lots,Tracts,and Parcels (rates are per acre) Church&Institutional $ 21.89 Multi-Family $ 23.30 Offices $ 27.54 Commercial $ 28.25 Industrial $ 28.60 Schools(Rate Code): R2 $ 4.73 S8 $ 13.77 S1 $ 18.00 S2 $ 19.06 S3 $ 19.41 S4 $ 19.78 S5 $ 20.13 S6 $ 20.47 S7 $ 21.54 S9 $ 21.89 SA $ 24.36 SB $ 26.12 Section 78-502(d) All unplatted tracts,platted lots with other than residential zoning,or parcels of land which have solely a residential use are to be charged a drainage fee the same as a platted lot zones R1 with a house on it. The rate per R1 shall apply for each residential house which exists on the tract or parcel of land. If in the opinion of the City the tract or parcel contains an above average amount of impervious cover,an analysis of the tract can be conducted to determine the accurate runoff coefficient for the property. The rate for each such case will be adjusted in accordance with the analysis. Section 78-502(e) Properties exempt from paying a drainage charge as described in this ordinance are the following: 1. Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system. 2. 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. 3. Subdivided lots,until a structure has been built on the lot and a certificate of occupancy has been issued by the City. 4. Property owned by the City of North Richland Hills. Section 78-503 The City Council of the City of North Richland Hills,Texas may change,adjust, and readjust the rates and ,established herein for drainage services from time to time by ordinance. Ordinance No.3594 Page 8 of 8 ° t I MONDAY.JULY 29 2019 ` CITY OF NORTH RICHLAND HILLS ' (d).Unplatted Tracts.`All unpleffed tracts,platted lots with other NOTICE OF PUBLIC HEARING ,thanresidential zoning,or parcels of land which have solely AMENDING MUNICIPAL DRAINAGE UTILITY ORDINANCE a residential use;are to he charged a drainage fee the same ` 4' The City'Council of the City of North Richland Hills Texas,will hold a as a'platted lot zoned Ri with a<house on It.The rate per public hearing during,its regular meeting on Monday,August 26,2019 R1 use shall apply for each residential house which exists 'at1:00pm,in the City Council Chamber at the City of North.Richland On'the tract or parcel of land.If in the option of the City the' - 'Hills City Hag,4301 City Point Drive,to hear public opinion regarding tract or parcel contains an above average amount,of '° ' amendments to the Drainage Utility Ordinance:and.associated fees.• Impervious cover,an analysis of the tract can be conducted - • f A11 interested persons are encouraged to attend the public hearing to determine the accurate runoff coefficient for the property 13 and express his or her opinions on the proposed amendments to the The rate for each such case will be adjusted In accordance: "g'I t; Drainage.Utility Ordinance and Associated fees.Pity Council will vote with the analysis. "�p'4 on'ihe proposed ordinance following the'public.hearing. (1 (e).Properties,exempted from paying a drainage charge as i A full copy of the proposed Ordinance No.,3594'follows this; described in this ordinance are the following: ' S notice ,The original ordinance adopting drainage utility tees, • - fr°" Ordinance No 1741`can be accessed on that City's website at:" ti)Property withent'aper construction and maintenance of a www nrhtx,cow/333lWater-Denartment or in'hard copy from',the City wholly sufficient"and privately owned drainage system. : Sec Ofh (?)Property held and maintained in Its natural state,until such r.t • -retary's rce -time that the property is developed'and all of the,public. '- ...:.• Questions regarding this'public hearing should be referred hi-the' infrastructure constructed has been accepted by the City, '. Citys Director Hof Finance, Mark Mills, at,(817) 427,6167 or via �I _ emelt at`mmllrsrenrhtx-coin. (3)$uhdivided lots,.until a structure has been bhllt on the lot ' ' end a certificate of occupancy has been issued bythe City. ( , o°t ,,ORDINANCE NO.3594 (4)Property owned by the City of North.Richland Hill,Texas. f= AN'ORDINANCE OF THE CITY OF NORTH RICHLAND •, (0.Billing for the charges described in this Article IX shall be . 1 HILLS TEXAS,'AMENDING CHAPTER 78 OF THE CODE monthly and included on the utility billing-for"water and • - OF ORDINANCES OF THE CITY OF NORTH RICHLAND sewer . =,services ' HILLS BY AMENDING AND RESTATING ORDINANCE NO.' Sec.78583-Adjustment of Municipal Drainage Utility System I • --1741`AND ADDING ARTICLE IX MUNICIPAL DRAINAGE p# UTILITY('SYSTEM; AMENDING APPENDIX A"'FEE^: Charges - k`' SCHEDULE TO INCLUDE RELATED FEES PROVIDING The City Council of the City of•.North Richland Hills,Texas,' ) THAT THIS ORDINANCE SHALL BE CUMULATIVE OF may change,adjust,and readjust the rates and charges established 1 Z ALL';ORDINANCES AND REPEAL: OF rCOHFLICTING'' herein for-drainage services from time to time by ordinance,.in I" "PROVISIONS;, PROVIDING,A SAVINGS -CLAUSE;' accordance with Chapter.552 of;the Texas Local Government Code. • _ PROVIDING/1•SEVERABILITYCLAUSE;AND PROVIDING See 78-504.-Implementation of the Municipal:Drains a Utility AN EFFECTIVE_DATE. - ,.- p g ty . • WHEREAS,the City of North Richland Hills,`Texas(the City")Is a• System. _ r; home rule city acting:under Its power adopted by the By adoption of Ordinance No.1741,.and this--Ordinance,the 11 electorate;pursuant to Article=XI,Section 5 of the Texas city makes no.representation that all of clly'sdralnage problems ; Constitution end Chapter 9 of the',Local Government 'will be' erriedled;and the City Council is given full discretion in i Code;end establishing the,time and quantitative priorities In expending funds .I WHEREAS,on September 23 ."1997 by adoption,of Ordinance one°re• asonable basis as the same becomes. available to meet - No.1741,the City Council bP the-City of North'Richland the drainage.needs of the city.The:adoption Of this article shall . Hills, Texas established'a°Municipal Drainage,Utility not be construed to relieve private land Owners, developers or. .,;. System to provide rules for the-use and operation of other Individuals or entitles from providing, drainage improvements uch system and prescribe and establish fees,together? ,pursuant to the ordinances of the city and the laws Of this state which with the assessment, levy end-collection thereof, lei relate to'drainage or drainage Improvements.Further,the City does' 1 finance and fund such system;end not waive anyImmunity granted under any law.. , = : ° WHEREAS,Subchapter C of Chapter-552 of-'the Texas Local" get.78.505-Rules of Operation•and,Conduct - i Government Code;(formerly Subchapter C of Chapter' The CityCouncil'of the City of Nor•th Richland Hills,Texas,may 402 of the Texas Local-Government'Code)requires any by subsequent ordinance,adopt rules for operation and conduct °'' revision to those tees to beyadopted'by ordinance after of the.North Richland Hills Municipal'Drainage,'Utility System,,• •• 'notice and public hearings as required by law;and 'including exemptions, if any, from.the drainage-charges'levied' WHEREAS,the City Council of the'City ef•North Richland Hills,'Texas therein,consistent with Its authority and state law.. ' ' • finds It is in the public,Interest to protect the-health end SECTION 5:"Exhibit°A,"which Is attached hereto end incorporated safety of citizens froth loss of l•ife and property caused by surface water opedlows and surface water stagnation, - herein,emends ge'charge -Fee,Schedule,to set -and recognizes the'need for drainage charges In the t. ° forth the.drainage charges as authorized by,this . , ,` ' 'manner prescribed-by.Subchapter C of Cha ter'552 of '• `Ordinance,The'drainage,charges`shall be evaluated' P °.annually for any adjustments needed to maintain' the Texas,Local Government Code,as amended;and i _ the: various'programs and,systems'assaciated+with WHEREAS,the City Council of the City of North Richland Hills,Texas• ` p , finds that the basis for the drainage charges set forth them Any l adjustments'shall an 'i approved by the' 'herein is directly related to drainage;and City Council of t ordinance and;in accordance with -' "• . Chapter 552 of the'Texas Local Government Code. i -'W •`HEREAS,the;City Council of the City of North Richland Hills, ,SECTION•6: This Ordinance shell be cumulative of all provisionsof I Texas finds the subsequent classification of benetitted properties to,be -nondiscriminatory, equitable, and the Code of•Ordfnances of the City of North Richland ; reasonable;end Hills,except where the provisions of this'Ordinance ,,,WHEREAS,the City Council of the of North Richland°Hills, - •are In direct conflict with the provisions of such, - 'Texas,in setting the the City le of charges tar drainage •' ordinances and such Code,in which event conflicting - 'services set forth herein,lhesbased its calculations upon Provisions of;such ordinances and'such Code are an inventory of the lots,and tracts within the municipal - hereby repealed. - , boundaries of:the City of North Richland Hills,Tease;;end SECTION 7: All rights end remedies of the City of North'Rlchland •. ° WHEREAS,the City Council of the City of North Richland Hills has,' 'Hills are expressly saved as-to any end-all violations considered:the average annual-rate of inflation since ,of the provisions of-any ordinances 4ns the Code of 1992; a market analysis-of the average Equivalent' Ordinances of the City of North:Richland Hills that 'Residential Unit of similarly situated cities; and an ' ' , ."have accrued,at the time of the effective date,of this' and uses of the benetitted. - 'Ordinance;•and,as to such accrued'violations and . Increase in customers; ' properties which indicate growth of a 44%-Increase - ,q , all pending litigation,both civil and criminal,whether- • - ' In residential customers and single family lots,and a pending In court or not,'under such ordinances,same 66%increase'of non-residential customers;and' , shell not be affected by this Ordinance but may be :';,• • WHEREAS,using official zoninn"maps of the City of North Richland prosecuted u•ntil final disposition• •by the co• urts. -t,: .; Hills,Texas with-consideration givento•size,topography SECTION 8: It Is hereby declared to'be the intention of the City , and use of the parcels of the benetitted property,in Council that 'the phrases, clauses, Sentences,, adopting the methodology for assessing the drainage paragraphs and sections of this ordinance are-. charges=asset forth in Appendix A,the City'Council severable, and It any phrase, clause, sentence,,finds that the,size of,the average residential lot has' decreased significantly since 1992 increasing density of Paragraph or section of,this ordinance shall be. development and concentration of drainage.runoff,,and _declared un y court c mbpete valid judgment such • the City is now 90%Improvedparcels with 52%single •decree of any h of competent jurisdiction, ' • .: titutioneilty shall not affect any of the remaining. family'uses,6%multi-family uses,and 32%Commercial "surface institutional Uses 'significantly cif resulting changed the natural', phrases,clauses,sentences,perae and sections • "• 'Imperviousof this ordinance,since the same would have been. r'"`- g y 9 surface of the land increasing end altering runoff;and enacted by the'City Councilwlthout the incorporation ! WHEREAS,the City Council of the,City of North Ricnland�Hills < In this Cehtence of any such unconstitutional phrase, '. — ' Texas finds that the schedule of charges set forth herein, ' clause,sentence;paragrreb or section. and the rates upon which the schedule of charges was SECTION'S:. The City.Secretary is hereby_authorized and directed' t t ' _: .calculated,are,equitable for:similar services In allareas' • - to cease the publication of this ordinance three three times• ii of the City of North Richland!Hllis,'Texas;and ' ' •= as required by law° , WHEREAS,the City CounCit of the City of North Richland Hills, SECTION'IS'This ordinance shall be effective as of October 1,2019. Texas held a public hearing on the charges levied and AND IT IS SO ORDAINED. imposed herein,after,publishing,notlee of such nubile • s i hearing in accordance with Chapter 552 of the Texas`, PASSEDANDAPPROVEDon this 28'"dayofAugust,•2019.. . ' ' f.i , . NOW,THEREFORE BE IT ORDAINED BY.THE CITY COUNCIL OF' , ' . By: . . .THE CITY OF NORTH RICHLAND HILLS,'TEXAS,THAT: ' . . ' :' ... Oscar.Trevino,Mayor ..tif . .... i SECTION 1:The City'Council hereby finds the recitals above-to • ' ._ . _ . . — . ....., be'true'and.correct, and such recitals are hereby ,7. '.1 .. , 1 . incorporated into this Ordinance esti written herein. . -- Alicia Richardson,City Secretary . SECTION 2:All prior references to Subchapter C of Chapter 402 . • of the Texas Local Government Code,wherever it may APPROVED AS TO FORM AND LEGALITY: appear in the Code of Ordinances,shall be replaced to , , ' $ reference Subchapter C of Chapter 552 of the Texas .. Local Government C,ode. Maleshla'0„McGinnis,City Attorney • ' . SECTION 3:All prior references to Zoning Districts R-4-SD and R-5-D,wherever they may appear In the Zoning Code or APPROVED AS TO CONTENT: . . ' • .! 1 the Code of Ordinances,shall he replaced to reference , • ,r. Zoning District R-4-11, . • SECTION 4:-Ordlnance No.17 Mark C 1Zis hereby amended and restated .., C.Mills,Director of Finance..--, - as set forth„herein,'and Chapter 78 of the'Cone of .' ' , . - _ Ordinances of the City of North Richland Hills,Texas is , EXHIBIT"A" hereby amended to add Article IX which shall be titled , - Municipal Drainage Utility System, ' APPENDIX'A-FEE SCHEDULE ..and shall'read.as . • followe: . . '' . - Location In Code I. Description ' „,I Fee ARTICLE IX-MUNICIPAL DRAINAGE UTILITY SYSt Eta. . .CHAPTER 78.UTILITY , ' 1 , Sec.78-500.-Definitions. ', ., , . 0 Section 713.501 Establishment of Municipal Drainage The following words,terms and phrases,when used In this ' System Utility Charges and Billing . , article shall have the meanings ascribed to them In this section, . ! except where the context clearly Indicates a different meaning: Section 78-502(a) Basic Drainage Charge(BDC) $ 5.50 . _I Dandified .property means an Improved parcel,lot or tract to which Equivalent Residential Unit(ERU) $ 35,31 " I , ,drainage service is made available: . °, ' ' I Draiiiage,'Mealis_liridges,-catchbesins,channele:cenduite,lereekk:- Secticv8-502(b).Sifigle-,FaiallY Residential Drainage7.‘,..i.:) culvertar.deteritien"piondel,-ditehes draws flames':I'ea'-'5fir'ria',") . ' ;:-. T ,Charges(rates are per lot),, slougha,lreatrnent.ithrke;andepportenances to,thosafternsiwhether ' Zoning-:fill .'"" ' ' ;.."..'$.,' 6.3) i natural or artificial''.0(uSing fofce or gravity,that&rallied to:draw off' '. , Zoning-R-2 . .,,'. ' '$' 4,77 i surface Water from land,carrythe water away,c011ect,,store,or treat; . . . .•08 , , ,' $ 4 (the water,or divert the waterfinto'natural orartifigiarWaterCourses. , . • Zoning,-Zoning 'R-4-D' .,- - $ 2.09 — l •Drainage Systerh"Means the drainage Owned dr.,Contrelfed In whole . , Zoning-R-6-T , ' $ 1.78 • "Or:in,part by the oityand,dedicated to the.""service.of benefitted. ', . .. 'Zoning-R-8 ' ' $'. 2.63 property,inaluding Provisiods for additions to the system. , ImpNote:above rates based on a Basic Drainage Charge of$5 50 per ' .. ervious afea Yor' O impervius surface)means a,stint "' .. . • • , , that has been compacted or covered with a layer"of inaterial,se that it Is , Equivalent Residential Unit per month resistant to Infiltration by Water:and does not have a natural slate *Previous Zoning Districts R-4-SD.and R-5-D are new combined of vegetative cover.Impervious.areas include,but are not limited to, . !Mop single Zoning District referred to as R-443 compacted soils with a surface treatment,gravel or crushed stone - , 1. ' Section 78-502(c) All Other Lots Tracts and Parcels ' ; surfaces, asphalt or concrete pavement, parking lots, drivaw,ays, , ' '• ( , _.sidewalks and private roadways,and buildings,and other man-made' rates are per acre) structures,surfaces,or uses that change the natural surface,of the . Church&Institutional ,$ 21.89 . ' , land and have the effect of,increasing,concentrating,or'otherwise , ',Multi-Family '. ' $ 23.30' ' altering runoff. - : -- , - , Offices ' '$ 27.54 . , . linprOved parcel,ute`ans:a lot or parcel that has been changed from Commercial ' $ 28.25 • ' its natural state by construction of a structure'orCther improvement, ' industrial I$ 28.60 t on it that causes an,Impervious surface or'coverage of i the, ebkon • ' "`",",-'Scnools-(Rate Code): .. '_._ _the property. , . i ' Owner means the person(s)or entity(ies)recorded-as:the owner of Sg . $ 13.77 I a parcel as recorded in the records of the Tarrant County Appraisal . ' S1 ° ,$ 18.00, , • District S2 $ 19.06 Parcel means one or more lots or tracts,or portions of lots or tracts. . ' S3 $ -19.41 ,.Residential property means an improved parcel upon which not more , . -' S4 , $ :19.78 . than four dwelling units are constructed. so _, , , $ 20,13 ' , . Sec.78-S01.-EStabliihrnent of the Municipal Drainage Utility ` '' -, ., s$' , , - $ ,20.47 ,. , System. ' , $ 21.54 , The City of North Richland Hills,Texas Municipal Drainage Utility ., .. _ ' S9 -. . . , $ ,21.89, System was,established within the boundaries,of'the city, by• Ordinance No.1741 after notice and hearing as required by state law,: ' . ' and declared to be a public utility. . SB. _ . ' ' V 26.12 Sec.711492.-Municipal Drainage Utility System Charges'and Section 78-502(d) All iinplatted tracts,platted lots with other than . Billing, „,.,,,, ,.. ...?,...',..--,,.,,.e., 'residential zoning,-or parcels of landwhich,,.„. A schedule of drainage chargests hereby levied against all real . " 'have solely a residential use arelcitbit Charged" ' property IYIng Within the city of North Richland Hills,Texas,subject a,drainage fee the same as a plattedlot Zones , 'to drainage charges under Subchapter C of Chapter 552 of the Texas , , . " R1 with a house on It.The rate per Al shall" , Lobel Government Code:The schedule of:drainage charges is-set ' apply foraach residential house which exists forth In Appendix A-Fee Schedule of the City of North Richland i , , 'on the tract orparcel of land.If in the opinion ! Hills Code of Ordinances. of the.City the tract or parcel contains an „. t I (a).Basic Drainage Charge. The rates set forth herein'are above average amount of impervious cover, calculated on a basis of a drainage charge per Equivalent en analysis of the tract can be conducted to '' determine the accurate runoff coefficient for the • Residential Unit ("ERU")per month. Runoff coefficients. '' ,k ' property.The rate for each such case will be and corresponding rates per,acre for,various land uses' , , adjusted In accordance with the analysis. . . " May be modified by the City Council from the to'time bY a modification of said Basic Drainage Charge.The Basic Section 78-502(e) Properties exempt from paying-a drainage charge Drainage Charge and associated cost per acre of impervious` as described In this ordinance are the following: land per month is located in Appendix A-Fee Schedule. ' . ' (b).Single-Family Residential(R1,R2,R3,FI-4-D,R-84 . 1.Property with roper construction and p,and R-8). , I I The City Council finds:that the single-family residential lots ' ' maintenance-of a wholly sufficient and privately ' ,within:the City of North Richland Hills,Texas will be charged ' . owned drainage system. . i I ate monthly rate per Platted lot based on their zoning when a - 2.Property held and maintained inits natural ii 'building stale,until such time that the property Is , . .building exists on the plaited lot.The charge,per-lot is based p , • ' . 1 on the Basic Drainage Charge.A table of the associated ' - develoed and all of the public infrastructure constructed has been accepted by the City. . • charges Is located in Appendix A-Fee Schedule. 3.Subdivided lots,until a structure has been built . •I (6).Other Lois. Except as provided by subsection (e)below,. '. on the lot-and a certificate of occupancy has,all other lots,tracts,and parcels of land within the citY'of ' been issued by the City. 1 North Richland Hills,Texas,shall be charged monthly on the, 4,Property owned by the City of North • 1 1 basis of the acreage contained In said lot,tract or parcel Richland Hills. - " of land,and the use made of such property,in accordance " - ' - - ) with the I associated schedule of drainage charges,located in Section 78-503 The City Council of the City of North Richland ' Appendix A -Fee Schedule,which are hereby levied against ' Hills,Texas may,change,adjust,and readjust 'all such remaining lots,tracts and parcels of land within the the rates and established herein for drainage , City of North Richland Hills,Texas, services from time to time by ordinance '• _ , . . ) , . . . . ... .1 . . • -. , ✓ a Star-Te1egiMEDIA Arlington Citizen-Journal I The Keller Citizen I La_Estrella • Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-tetegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account if Ad Number Identification PO Amount Cols Depth 600579 0004312450 Ordinance No.3594 $1,200.00 6 21.00 In Attention: Alicia Richardson, TRMC, CMC THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 3 Insertion(s) Published On: July 26,2019,July 27,2019,July 29,2019 401,4k (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 29th day of Iy in the year of 2019 Nota Pu i — �o'"Y AMANDA DAWN GRISHAM * • :*- My Notary ID#132031326 'p"JF of••;;Y Expires May 30,2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Star-Telegram `t' MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford St "'legram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102 6318 AFFIDAVIT OF PUBLICATION Account# - Ad Number Identification PO l Amount Cols Depth 600579 0004360535 CITY OF NORTH RICHLAND HILLSORDINANC ORDINANCE NO.3594 I $109.16 1 62.00 Li Attention: Traci Henderson, TRMC THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me. a Notary Public in and for said County and State, this day CITY OF NORTH RICHLAND HILLS personally appeared VICTORIA ORDINANCE NO.3594 RODELA, Bid and Legal Coordinator AN ORDINANCE OF THE CITY OF ram for the Star-Telegram, published b NORTH RICHLAND HILLS, 9 p by TEXAS AMENDING CHAPTER the Star-Telegram, Inc. at Fort Worth, 78 OF THE CODE OF ORDINAN- CES OF THE CITY OF NORTH in Tarrant County,Texas; and who.. RICHLAND HILLS BY AMEND- ING AND RESTATING ORDI- after being duly sworn, did depose NANCE NO. 1741 AND ADDING CITY OF NORTH RICHLAND HILLS ARTICLE IX MUNICIPAL DRAIN- ORDINANCE NO.3594 and say that the attached clipping of AGE UTILITY SYSTEM;AMEND- AN ORDINANCE OF THE CITY OF an advertisement was published in ING APPENDIX A FEE SCHED- NORTH RICHLAND HILLS, p ULE TO INCLUDE RELATED TEXAS, AMENDING CHAPTER the above named paper on the listed FEES; PROVIDING THAT THIS 78 OF THE CODE OF ORDINAN- ORDINANCE SHALL BE CUMU- CES OF THE CITY OF NORTH dates: LATIVE OF ALL ORDINANCES RICHLAND HILLS BY AMEND- AND REPEAL OF CONFLICTING ING AND RESTATING ORDI- PROVISIONS; PROVIDING A NANCE NO. 1741 AND ADDING SAVINGS CLAUSE; PROVIDING ARTICLE IX MUNICIPAL DRAIN- A SEVERABILITY CLAUSE;AND AGE UTILITY SYSTEM;AMEND- PROVIDING AN EFFECTIVE ING APPENDIX A FEE SCHED- DATE. ULE TO INCLUDE RELATED 2 Insertion(s) That Appendix A,Fee Schedule,of FEES; PROVIDING THAT THIS the North Richland Hills Code of Ordinances be amended by ad- ORDINANCE SHALL BE CUMU- justing the fees as established LATIVE OF ALL ORDINANCES Published On: by Sections 78(Municipal Drain- AND REPEAL OF CONFLICTING August 29,2019,August 30, 2019 age Utility System). PROVISIONS; PROVIDING A Whenever in this Code, or in any SAVINGS CLAUSE; PROVIDING ordinance, rule or police regula- A SEVERABILITY CLAUSE;AND tion of the city,an act is prohib- PROVIDING AN EFFECTIVE ited or is made or declared to be DATE. unlawful or an offense or a mis- That Appendix A, Fee Schedule,of demeanor, or wherever in the the North Richland Hills Code of Code the doing of any act is re- Ordinances be amended by ad- quired or the failure to perform justing the fees as established such act is declared unlawful, -- --- the violation of such provision by Sections 78(Municipal Drain- of the Code or any such ordi- age Utility System), nance rule or police regulation Whenever in this Code, or in any shall nance, punished by a fine not ordinance,rule or police regula- exceeding $500.00; provided, tion of the city,an act is prohib- however, that a penalty for the ited or is made or declared to be violation of a rule, ordinance or unlawful or an offense or a mis- police regulation that governs demeanor, or wherever in the fire safety, zoning, or public Code the doing g of any act is re- health and sanitation, including quired or the failure to perform I via,W,.... dumping of refuse shall be a such act is declared unlawful, fine not exceeding$2,000.00. the violation of such provision PASSED AND APPROVED on this of the Code or any such ordi- (Principal Clerk) 26th day of August,2019. CITY OF NORTH RICHLAND HILLS nance, rule or police regulation shall be punished by a fine not By:/s/Oscar Trevino exceeding $500.00; provided, SUBSCRIBED AND SWORN TO Mayor ATTEST: however, that a penalty for the BEFORE ME, THIS 30th day of /s/Alicia Richardson violation of a rule, ordinance or City Secretary police regulation that governs August in the year of 2019 APPROVED AS TO FORM AND LE- fire safety, zoning, or public GALITY: health and sanitation, including , /s/Maleshia B.McGinnis dumping of refuse shall be a City Attorney fine not exceeding$2,000.00. PASSED AND APPROVED on this 3 i _ _ 26th day of August,2019. i CITY OF NORTH RICHLAND HILLS AA By:/s/Oscar Trevino Mayor — ATTEST: Notary Public- /s/Alicia Richardson City Secretary ,,.P`;P�, I APPROVED AS TO FORM AND LE- 414"Y. AM BAR LIZARRAGA GALITY: Maleshia B.McGinnis * "J' *= My Notary ID#132031291 City Attorney -":";;e*ow�.;, Expires May 30,2023 Extra charge for lost or duplicate affidavits. 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