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The drainage utility service area is the area of land located within the city limits of the City of Fort Worth except as provided by § 12.5-346 of this Division 4. Upon the effective dates of completed annexation of additional lands into the City of Fort Worth, each such annexed additional land shall become part of the service area. Land annexed for limited purposes shall become part of the service area upon annexation for full purposes.
(Ord. 16782, § 1, passed 1-24-2006)
(a) A drainage utility fee is hereby established.
(b) The drainage utility fee shall be paid by the user of each benefitted property in the service area.
(c) The drainage utility fee is based on:
(1) The developed use of the benefitted property; and
(2) The measured or estimated amount of impervious area or surface on the benefitted property.
(Ord. 16782, § 1, passed 1-24-2006)
(a) The city council finds that impervious cover increases runoff and associated pollutants. For the purposes of calculating the drainage utility fee, an ERU shall be the established standard billing unit. One ERU shall be billed at $6.61 per month. Each benefitted property shall be categorized as one of the following:
(1) Low occupancy residential property. A low occupancy residential property shall be placed in one of four billing tiers based on residential square footage, identified below, with building permits or the most recent appraisal district data used as a means of estimating the total amount of impervious area on the property. The median single family residential parcel in Fort Worth has been determined to have approximately 2,600 square feet of impervious area or surface or one ERU.
(2) High occupancy residential/non-residential property. Fees for high occupancy residential/non-residential properties shall be based on the total estimated impervious area on each parcel, with building permit information, aerial photography, or actual measurement used as a means of estimating the total amount of impervious area on the property, divided by 2,600 square feet to determine the number of ERUs or billing units.
(b) The city council finds that it is equitable to assess the drainage utility fee to each low occupancy residential property user on the basis of four low occupancy residential property billing tiers and such rates are hereby established.
Billing Tier | Billing Unit - Equivalent Residential Units (ERU) | Billing Basis | Proposed Monthly Rate, Effective January 1, 2024 |
Tier 1 | 0.5 ERU | Up to 1,300 square feet | $3.31 |
Tier 2 | 1.0 ERU | 1,300 to 2,475 square feet | $6.61 |
Tier 3 | 1.5 ERU | 2,476 to 3,394 square feet | $9.92 |
Tier 4 | 2.0 ERU | 3,394+ square feet | $13.23 |
(c) The city council finds that it is equitable to assess the drainage utility fee to each high occupancy residential/non-residential property on the basis of the number of ERU’s in a parcel, which shall be obtained by dividing the estimated impervious area or surface by 2,600 square feet. The calculated number of ERU’s will be rounded to the nearest whole integer other than zero, to determine the monthly fee.
(d) The city council finds it equitable to provide for funding of future construction of the drainage utility system through a contribution from the drainage utility fee.
(e) The city council may review the schedule of rates at any time and may, by ordinance, increase or decrease said rates within the schedule, upon a reasonable determination that said increase or decrease is warranted.
(Ord. 16782, § 1, passed 1-24-2006; Ord. 16843, § 1, passed 3-7-2006; Ord. 17742, § 1, passed 9-4-2007; Ord. 18381-12-2008, § 1, passed 12-2-2008; Ord. 18819-09-2009, § 1, passed 9-15-2009; Ord. 19908-09-2011, § 1, passed 9-20-2011, eff. 1-1-2012; Ord. 23884-10-2019, § 2, passed 10-15-2019, eff. 1-1-2020; Ord. 26205-06- 2023, § 2, passed 6-13-2023; Ord. 26452-09-2023, § 1, passed 9-19-2023, eff. 10-1-2023; Ord. 26561-10-2023, § 1, passed 10-31-23, eff. 1-1-2024)
(a) The drainage utility fee shall be shown as a separate listing on the monthly water utility bill from the city.
(b) The drainage utility fee will be charged to the customer/owner currently established as the responsible party for city’s water utility service.
(c) Where the city does not bill water, sewer or solid waste to a customer/owner, the city is hereby authorized to establish a “drainage utility only account” and to bill the drainage utility fee to either the customer/owner.
(d) Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In accordance with Tex. Local Government Code Chapter 552.050, failure of a user of the drainage utility system to pay the charges promptly when due shall subject such user to any remedy or penalty provided by law or in this section, including discontinuance of any utility services provided by the city and placement of a lien against the property.
(Ord. 16782, § 1, passed 1-24-2006)
(a) The director shall administer this Division 4.
(b) The director shall promulgate rules necessary to administer this Division 4.
(c) The director may take into consideration those high occupancy residential/non-residential properties on which stormwater runoff management techniques are being used and may grant credits on their monthly billings for such techniques.
(Ord. 16782, § 1, passed 1-24-2006; Ord. 26205-06-2023, § 3, passed 6-13-2023)
(a) Subject to the restrictions set forth in this section, any customer/owner who believes the calculation or determination of the drainage utility fee assessed against them to be incorrect may appeal the fees to the director; and the director shall evaluate the appeal based on the methodologies for calculating the drainage utility fee set forth in this Division 4.
(b) The appeal shall be in writing and set forth, in detail, the relief sought, the grounds upon which relief is sought and whether the petitioner requests a hearing on its appeal.
(c) The appeal shall be filed with such director within 15 business days of the customer/owner receiving the billing statement from the city. The billing statement shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
(d) Failure to submit a timely written appeal for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews on such billing statement.
(e) The customer/owner requesting an adjustment may be required, at the customer/owner’s cost, to provide supplemental information to the director, including but not limited to survey data approved by a Texas licensed professional land surveyor, engineering reports approved by a Texas licensed professional engineer, or other documentation the director deems necessary. Failure to provide requested information in a timely manner may result in the denial of the adjustment request.
(f) Within a reasonable time of the submittal of an appeal, the director shall either grant the petition and modify the drainage utility fee assessed; deny the petition if no adjustment is warranted; or a hearing is deemed necessary by the director, set a hearing on the petition for appeal.
(Ord. 16782, § 1, passed 1-24-2006)
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