2002-0192002-
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED
IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE; ADDING THE
PROVISIONS OF THE SCHEDULE RESPECTING THE STORM DRAINAGE FEE
(SCHEDULE SD); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WX-IEREAS, that the City Council, pursuant to Ordinance No. 2001-428, enacted on
November 6, 2001, has duly recognized and confirmed the existence of the drainage function of the
Denton Utilities Department, Wastewater Division; and has adopted the "Municipal Drainage
Utility Systems Act" (the "Act") into the City of Denton Code of Ordinances in order to effect such
action and to effectively deal with drainage issues; and
WHEREAS, that the City Council after passage of the ordinance adopting the Act on
November 6, 2001, then levied a schedule of drainage charges, as provided by §402.045(d) of the
Texas Local Government Code, and also conducted a public hearing before levying such charges.
Further, the City provided advance notice of the hearing by publication of the proposed schedule of
drainage charges in the Denton Record Chronicle, all in accordance with said statute; and
WHEREAS, that the schedule of drainage charges adopted by the City Council, after public
hearing, complies with the Act, and the City Council acting in accordance with the Act, concludes
that the drainage fees and classifications of the benefited properties are nondiscriminatory,
reasonable, and equitable, and should therefore be adopted; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Rate Schedules for Wastewater Service as provided for in Chapter
26 of the Code of Ordinances, are hereby amended to include Drainage Service, by adopting
Schedule SD (Storm Drainage Fees), which is attached hereto, and which shall hereafter become a
part of the Wastewater Service ordinance.
~ That all oral'mantes or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ord'mance are hereby repealed to the extent of any such conflict.
SECTION 3 That if any section, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SF. CTION4. That Schedule SD (Storm Drainage Fees) as herein adopted shall be
effective, charged and applied to all drainage function service rendered on or after January 8, 2002,
Page 1
and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City
Secretary.
/3/~d f (/~~-g.(.~ ,200X.a~
PASSED AND APPROVED this the q/ ay o
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ~ff~ff~-., )~_~t~t'_~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\01 kDrainage Rate Ordinance 1.dee
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SCHEDULE SD
STORM DRAINAGE FEES
(Effective 01/08/02)
APPLICATION
Applicable to all impervious real property and appurtenances owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The Storm
Drainage fee charged to each tract of real property is based upon the amount of impervious
surface cover that results in water runoffinto the City of Denton drainage system.
MONTHLY FEE- RESIDENTIAL (SDR)
The residential fee is applicable to all single-family through fourplex real properties located
within the incorporated limits of the City of Denton, Texas for wtfich impervious surfaces
can be individually identified. The residential fee is established by utilizing a block system.
The fee charged in each fee block is set forth and established as follows:
FEEBLOCK
BILLING PER 30 DAYS
0 600 Square Feet
601 - 1,000 Square Feet
1,001 - 2,000 Square Feet
2,001 - 3,000 Square Feet
3,001 - 4,000 Square Feet
4,001 - 5,000 SquareFeet
5,001 - 6,000 Square Feet
Over 6,000 Square Feet
$.50
$1.oo
$3.35
$5.45
$7.60
$9.75
$12.00
$15.50
MONTHLY FEE- NON-RESIDENTIAL (SDN)
The non-residential fee is applicable to all other real property owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The non-
residential fee is based upon the total square footage of impervious surface cover measured
for each customer/owner.
Formula:
Measured Square Footage of Impervious Surface Cover x $0.00186 per 30 days
PRORATION OF MONTHLY FEE
Billing for the Storm Drainage Fee shall be based upon twelve (12) billings annually and
shall be prorated based on the following formula:
Actual Days In Billing Period x Monthly Fee 30 days
EXEMPTIONS
The following real property owned and located within the incorporated limits of the City
of Denton, Texas shall be exempt fi:om the imposition of the residential fee or the non-
residential fee:
1. Real property with proper construction and maintenance of a wholly sufficient
and privately-owned drainage system, not draining into the City of Denton drainage
system, upon the real property's inspection and certification by the City; or
2. Real property held and maintained in its natural state, until such time that the real
property is developed, and all of the public infrastructure constructed thereon has been
accepted by the City; or
3. Real property, consisting of an unimproved subdivided lot, until such time as a
structure has been built on the lot and a certificate of occupancy has been issued by the
City.
No other exemptions to the residential fees or the non-residential fees are applicable.
S:\Our Documents\Ordinances\01 ~)rainage Rate Charge Schedule to Ordinance-Publish-Final.doc