HomeMy WebLinkAboutO-2009-3181 add $2.00 Drainage Infrastructure Fee to monthly utility bills
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 21, 2009
ADDroDriation
Requested By: Michael Dolbv, CPA
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits: Ordinance #
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Proposed Fiscal Year 2009-10 Budget includes the addition of a new drainage fee of $2 per month to
be assessed on all residential and commercial water bills. This fee shall be used exclusively for the
construction and maintenance of facilities designed to mitigate the effects of flooding, including structural
improvements used for the control of drainage. The proposed drainage infrastructure fee was presented to
Council during Budget Workshops on August 10-11,2009.
Action Required bv Council:
Approve Ordinance amending certain fees and charges as indicated.
pJ'/o'l
Date f I
ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 94 "FLOODS" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II, "FLOOD
HAZARD REDUCTION", DIVISION 1, "GENERALLY", TO ADD NEW SECTION 94-
42, "DRAINAGE INFRASTRUCTURE FEE", TO PROVIDE FOR MONTHLY FEE TO
BE USED FOR DRAINAGE AND FLOODING INFRASTRUCTURE CONSTRUCTION
AND MAINTENANCE, SAID FEE TO BE INCLUDED IN MONTHLY UTILITY BILLS;
AMENDING APPENDIX A - FEES, TO ADD $2.00 MONTHLY ASSESSMENT;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94 of the La Porte Code of Ordinances, "Floods", Article II, "Flood
Hazard Reduction", Division 1, "Generally", is hereby amended by adding new Section 94-42,
"Drainage Infrastructure Fee", which shall read as follows:
"Sec. 94-42. Drainage Infrastructure Fee.
(a) All residential and commercial utility service customers of the City of La Porte who are
subject to a charge for the use of water, sewer, and/or garbage service, and are billed through an
established account for such utility services, shall be assessed a monthly drainage infrastructure
fee, at a rate determined by the La Porte City Council, and listed in Appendix A - Fees, of this
Code. Such fee shall be included in all monthly utility statements.
(b) All revenue collected from the drainage infrastructure fee shall be used exclusively for the
construction and maintenance of facilities designed to mitigate the effects of flooding, including
structural improvements used for the control of drainage, and shall be deposited into a dedicated
fund for such purpose."
Section 2. That Chapter 94 of the La Porte Code of Ordinances, "Floods", Article II, "Flood
Hazard Reduction", Division 1, "Generally", is hereby amended by amending Sections 94-42-
94-60"Reserved", which shall read as follows:
"Sees. 94-43 -94-60. Reserved."
Section 3:
That Appendix-A Fees of the La Porte Code of Ordinances is hereby amended by adding
Chapter 94 "Floods", Article II, "Flood Hazard Reduction", Division 1, "Generally", Section 94-
42, "Drainage Infrastructure Fee", which shall read as follows:
Chapter 94. Floods
Article II. Flood Hazard Reduction
Division 1. Generally
(a) Drainage Infrastructure fee.. ...........
2.00
94-42
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Texas Local Government Code; and that this
meeting has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 7. This Ordinance shall become effective on October 1,2009.
PASSED AND APPROVED this th~ day OfYIfiiJ;.A/
CITY 0
,2009.
B.
ATTEST:
~Ai&
City Secretary
APPROVED:
~r~~
Assistant City Attorney
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