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The City Council of the City of Kaufman, Texas will hold a Public Hearing during a Regular Meeting on, October 28, 2019, at 6:00 p.m. at City Hall located at 209 S. Washington Street, Kaufman to hear public opinion regarding the adoption of an Ordinance to increase the Municipal Storm Water Utility fee.
This notice is being published in accordance with the public notice requirements set forth in Subchapter C of Chapter 552, Local Government Code, V.T.C.A. for public hearings. As required by the aforementioned statute, this public notice is being published in a newspaper of general circulation to the residents of the City of Kaufman thirty (30) days or more prior to the date of the public hearing and will be published twice more before the scheduled hearing.
All interested persons are encouraged to attend the public hearing and express their opinions on the proposed Ordinance. Council will vote on the proposed Ordinance immediately following the public hearing. State law provides that approval of the proposed Ordinance shall require an affirmative vote of a majority of the members of the City Council.
The entire proposed Ordinance to increase the Municipal Storm Water Utility Fee in the City of Kaufman is provided herewith, in accordance with requirements set forth in Subchapter C, Chapter 552, Local Government Code, V.T.C.A.
CITY OF KAUFMAN, TEXAS
ORDINANCE NO. O-28-19
AN ORDINANCE OF THE CITY OF KAUFMAN, TEXAS, AMENDING CHAPTER 106 UTILITIES, ARTICLE VI MUNICIPAL STORM WATER (DRAINAGE) UTILITY SYSTEM OF KAUFMAN’S CODE OF ORDINANCES, ADDING SECTION 106.256 (MUNICIPAL STORM WATER UTILITY SYSTEM FEE SCHEDULE); ESTABLISHING A MUNICIPAL STORM WATER UTILITY SYSTEM FEE, EXEMPTIONS AND CREDITS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Kaufman, Texas (“City Council”) has previously investigated and determined that it would be advantageous and beneficial to the citizens of the City of Kaufman, Texas (“City”) to promote the public health, safety and welfare of the citizens to adopt a Municipal Storm Water Utility System; and
WHEREAS, the City Council has adopted a Municipal Storm Water Utility System under Ordinance No. O-22-15, as amended; and
WHEREAS, pursuant to Chapter 552, Subchapter C, Texas Local Government Code, as amended, (“Act”), the City Council has investigated and determined that a schedule of drainage fees shall be applied against all real property in the proposed service area(s); and
WHEREAS, the City Council further finds that it would be in the best interest of its citizens to amend Chapter 106 Utilities, Article VI, Municipal Storm Water (Drainage) Utility System of Kaufman’s Code of Ordinances, adding Section 106.256 (Municipal Storm Water Utility System Fee Schedule) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KAUFMAN, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Chapter 106. Utilities, Article VI, Municipal Storm Water (Drainage) Utility System of Kaufman’s Code of Ordinances; Adding Section 106.256 (Municipal Storm Water Utility System Fee Schedule). Chapter 106. Utilities, Article VI (Municipal Storm Water Utility System) of Kaufman’s Code of Ordinances is hereby amended to add Section 106.256 (Municipal Storm Water Utility System Fee Schedule) as set forth below:
“Sec. 106.256 Municipal Storm Water Utility System Fee Schedule.
(a) The following fees are hereby established and shall be collected through the City’s bill for public utilities pursuant to the Act and other applicable law.
(b) Impervious Area.
(1) Rates shall be charged based on a property’s contribution to the public storm water utility system. The contribution shall be based on the impervious area for the property.
(2) The storm water utility fee shall be established according to the following schedule on a monthly basis:
All Other Non-Exempt Property
$4.00 per ERU*
*ERU (Equivalent Residential Unit) = 3500 square feet impervious area
(3) A minimum charge of 1 ERU shall be applied to each non-exempt developed property.
(c) Exemptions. The following shall not be assessed a Municipal Storm Water Utility System Fee:
(1) 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 in which the property is located for maintenance.
(2) A subdivided lot, until a structure has been built on the lot and a Certificate of Occupancy has been issued by the City.
(3) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system.
(4) State property.
(5) Public or private institutions of higher education property.
(6) City property.
(d) Fee Credits.
(1) A property owner may petition to the City to reduce the Storm Water Utility Fee for an individual property to account for on-site storm water management controls that reduce the property’s impact to the storm water utility system.
(2) The petition shall be evaluated and the fee adjustment decision determined by the City Engineer or the City Engineer’s designated representative. The City Engineer’s evaluation and determination shall be based on nondiscriminatory, reasonable and equitable terms in accordance with the Act, the City’s Municipal Storm Water Utility System Ordinance and this Ordinance.
(e) The rates established above apply to the accounts maintained by the City for public utility services.
(f) All billings, credits, exemptions and other procedures relating to this fee shall be subject to the provisions of the Act.”