Ordinance No. 9,630ORDINANCE NO. 9630
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SETTING THE TIME, DATE AND PLACE FOR A PUBLIC
HEARING TO CONSIDER AN ORDINANCE ADOPTING THE MUNICIPAL
DRAINAGE UTILITY SYSTEM ACT AND DECLARING THE DRAINAGE
OF THE CITY OF BAYTOWN TO BE A PUBLIC UTILITY; AND SETTING
THE TIME, DATE AND PLACE FOR A PUBLIC HEARING ON -THE
SCHEDULE OF DRAINAGE CHARGES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas, hereby sets the following
time, date and place for the public hearing to consider an ordinance adopting the Municipal
Drainage Utility System Act and declaring the drainage of the City of Baytown to be a public
utility:
Time
Date
Place
Council Chambers in the City Hall of the City of
6:40 p.m.
November 13, 2003
Baytown, located at
2401 Market Street
Baytown, Texas 77520
Section 2: The City Clerk is hereby authorized and directed to cause notice of the
public hearing set in Section 1 hereinabove to be published in a newspaper having general
circulation in the City three times before the date of the public hearing. The first publication
shall occur on or before the 30th day before the date of the hearing. Additionally, the City Clerk
is directed to publish the proposed ordinance, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, in such notice.
Section 3: The City Council of the City of Baytown, Texas, hereby sets the following
time, date and place for the public hearing on the schedule of drainage charges:
Time
Date
Place
Council Chambers in the City Hall of the City of
6:50 p.m.
November 13, 2003
Baytown, located at
2401 Market Street
Baytown, Texas 77520
Section 4: The City Clerk is hereby authorized and directed to cause notice of the
public hearing set in Section 3 hereinabove to be published in a newspaper having general
circulation in the City three times before the date of the public hearing. The first publication
® shall occur on or before the 3 0`h day before the date of the hearing. Additionally, the City Clerk
0 is directed to publish the proposed schedule of drainage charges, which is attached hereto as
Exhibit "B" and incorporated herein for all intents and purposes, in such notice.
Section 5: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 25th day of September, 2003.
/.� c.
PETE C. ALFARO, ayor
ATTEST:
C.. Y '. SllLfTH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S City Attorney
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'AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
98 "UTILITIES," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY ADDING AN ARTICLE TO BE NUMBERED AND ENTITLED
ARTICLE VI "STORM WATER DRAINAGE" TO ADOPT THE MUNICIPAL
DRAINAGE UTILITY SYSTEMS ACT, TO DECLARE THE DRAINAGE OF THE
CITY TO BE A PUBLIC UTILITY AND TO ADMINISTER THE NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM STORM WATER
MANAGEMENT PHASE lI UNDER THE FEDERAL AND STATE CLEAN WATER
ACTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
WHEREAS, the City Council of the City of Baytown hereby makes the following findings prior
to the passage of this ordinance:
➢ The City will establish a schedule of drainage charges against all real property within the
corporate limits of the City as well as its extraterritorial jurisdiction, subject to charges under the
Municipal Drainage Utility Systems Act (the "Act ");
➢ The City will provide drainage for all real property in the proposed .service area on payment of
drainage charges, except real property exempted under the Act and the City of Baytown's storm
water utility and drainage charge levy ordinances; and
➢ The City will offer drainage services on nondiscriminatory, reasonable and equitable terms;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: All matters and facts set forth in the recitals above are found to be true, and are
approved as the findings which the City Council of the City of Baytown made prior to the adoption of this
ordinance.
Section 2: That Chapter 98 "Utilities," of the Code of Ordinances, City of Baytown, Texas,
is hereby amended by adding an article to be numbered and entitled Article VI "Storm Water Drainage,"
which said article shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORM WATER DRAINAGE
See. 98 -471. Legislative mandate.
The City of Baytown hereby creates and establishes a municipal drainage utility system to fund
requirements of the US Environmental Protection Agency's (EPA) National Pollutant Discharge
Elimination System (NPDES), Phase H Rules, which are designed to mitigate pollution arising from
nonpoint source stormwater runoff. These rules are a result of the United States Clean Water Act of 1972
® and its 1987 Amendments. Secondarily, the City of Baytown hereby adopts the Municipal Drainage
Utility Systems Act and establishes and declares the drainage of the city to be a public utility to fund
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• projects that will mitigate surface water overflows, surface water stagnation and wet weather sanitary
sewer wastewater overflows.
Sec. 98 -472. Administration.
The administration of the municipal drainage utility system of the City of Baytown shall be by
the director of health under the direction of the city manager.
Sec. 98 -474. Rules for operation.
The city council will, by ordinance, adopt rules for the operation and conduct of the Baytown
municipal drainage utility system, consistent with its authority and state law.
Sec. 98 -475. Municipal separate storm sewer permit.
(a) The director of health is directed to prepare the information needed to apply for and to apply to
the appropriate regulatory body for a NPDES, Phase II Permit for the City of Baytown's
municipal separate storm sewer permit. The director of health is directed to develop, implement,
and enforce a program that reduces discharges of storm water pollutants and protects water
quality to the maximum extent practicable by adoption of the following six minimum control
measures:
(1) A public education and outreach program;
(2) A public involvement and participation program;
(3) An illicit discharge detection and elimination program;
(4) Regulation and control of public and private construction site stormwater runoff quality;
(5) Regulation and control of public and private post - construction stormwater runoff quality;
and
(6) Pollution prevention and good housekeeping for all municipal operations.
(b) The director of health is directed to prepare an evaluation and assessment of the effectiveness of the
program on an annual basis, and to provide the report to the city council and to the municipal
separate storm sewer permitting authority
Sec. 98 -476. Adopted best management practices.
To meet the requirements for a NPDES, Phase 11, municipal separate storm sewer system permit,
a series of best management practices to improve stormwater quality will be required. The director of
health is directed to prepare these best management practices for adoption by the city council.
•
Section 3: 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 4: If any provisions, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 13`h day of November, 2003.
PETE C. ALFARO, Mayor
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
FAKaren\Filcs\City Council\OrdinanccslStormwaterDrainagcOr ,dimnce.doc
. AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE VI "STORM WATER DRAINAGE"
OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY ADDING A SECTION TO BE NUMBERED AND ENTITLED SECTION
98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES" TO
ESTABLISH AND LEVY A SCHEDULE OF DRANAGE CHARGES;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 98 "Utilities," Article VI "Storm Water Drainage" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended by adding a section to be
numbered and entitled Section 98 -473 "Municipal drainage utility system charges," which said
section shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORM WATER DRAINAGE
Sec. 98 -473. Municipal drainage utility system charges.
(a) The initial monthly charges for the municipal drainage utility system shall be based upon
water and/or sewer utility accounts. Customers will be charged one dollar ($1.00) per
month per account.
(b) The following are exempt from the payment of the municipal drainage utility system
charges:
(1) the City of Baytown;
(2) property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
(3) 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 for maintenance; and
(4) a subdivided lot, until a structure has been built on the lot and a certificate of
occupancy has been issued by the municipality in which the property is located.
® Determination of whether a customer is exempt from this provision shall be by the
director of health, or designated representative.
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•
Ell
Section 2: 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 3: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 13th day of November, 2003.
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
'-RINACIO RAMIREZ ., City Attorney
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PETE C. ALFARO, Mayor