HomeMy WebLinkAbout2025 Ordinance No. 2025-19 Chap 46 - finalORDINANCE NO. 2025-19 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE HUNTSVILLE MUNICIPAL CODE CHAPTER 46 “UTILITIES” ARTICLE IV “STORMWATER UTILITY SYSTEM” DIVISION 3 “STORMWATER UTILITY FEES” TO AMEND THE DIVISION 3 “STORMWATER UTILITY FEES”; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Municipal Drainage Utility Systems Act (the “Act”), Texas Local Government
Code §§ 552.042 et seq., as amended, authorizes the City to prescribe a basis upon which to fund the municipal Drainage Utility System and to assess the fees and charges to support the municipal Drainage Utility System; and
WHEREAS, the City Council previously investigated and determined it would be in the best
interest of the citizens to adopt the Municipal Drainage Utility Systems Act; and WHEREAS, on September 17, 2024, the City Council of the City of Huntsville adopted Ordinance No. 2024-22 to amend Chapter 46 “Utilities,” Article IV “Stormwater Utility System” to amend Division 3 “Stormwater Utility Fees”; and
WHEREAS, on March 18, 2025, the City Council of the City of Huntsville voted to amend the City Code by revising Division 3 “Stormwater Utility Fees” Section 46-501 Fees, specifically the rate schedules for school districts, religious organizations, and the county; and
WHEREAS, Section 552.045 of the Act authorizes the City to establish a schedule of drainage
charges and to revise those drainage charges after three published notices and a public hearing; and
WHEREAS, the City Council finds that an increase in the rates is now warranted to continue to
provide funds for the necessary stormwater infrastructure and maintenance; and
WHEREAS, the City Council further finds that the City will provide drainage for all real property in the proposed service area(s) on payment of drainage charges, except real property exempted under the Act or pursuant to this Ordinance; and
WHEREAS, the City Council further finds that the City will offer drainage service on
nondiscriminatory, reasonable and equitable terms; and
WHEREAS, the Drainage Utility fee structure shall provide the necessary revenue to support proposed drainage system improvements and best management practices identified in the City's Permit; and, WHEREAS, the City Council finds notice of a public hearing was published in a newspaper the
required number of times pursuant to Chapter 552 and after public notice, City Council held a
public hearing on August 5, 2025; and .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS,
Section 1. All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of
this ordinance as if copied in their entirety.
Section 2. Huntsville Code of Ordinances, Chapter 46, Article IV, is hereby amended to
read as shown in the attached Exhibit “A”.
Section 3: All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of any such conflict.
Section 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional
Section 5: This Ordinance shall take effect upon adoption. Section 6: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting
was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
PASSED AND APPROVED this__ day of August 2025. THE CITY OF HUNTSVILLE
Russell Humphrey, Mayor
ATTEST: APPROVED AS TO FORM:
Kristy Doll, City Secretary Leonard Schneider, City Attorney
EXHIBIT A
Chapter 46 Utilities
Article V. Stormwater Utility Fees Section 46-501. (a) Residential Property Fees. Residential properties shall be measured as one Equivalent Residential
Unit (ERU) per month, regardless of the actual amount of impervious cover on such properties. Each
benefitting residential property shall be assessed a fee of $5.00 per month. (b) Non-residential Property Fees. (1) Stormwater utility fees for non-residential property, excluding property owned by a school district, religious organization, county or municipality, shall be calculated for each benefitted property using the impervious area in square feet (SF) at the following rate: Fee = Allocated Impervious Area on the Parcel(s) in square feet (SF) X $0.00152/SF/month. (2) Stormwater utility fees for property owned by a school district, religious organization, and county shall be calculated for each benefitted property using the impervious area in square feet (SF) at the following rate: Fee = Allocated Impervious Area on the Parcel(s) in square feet (SF) X $0.00152/SF/month.
Fee = Allocated Impervious Area on the Parcel(s) in square feet (SF) X $0.00076/SF/month.
(c) The city council may review the foregoing schedule of fees at any time and may, by Ordinance, increase or decrease or otherwise alter the fee structure upon a determination that such an increase or decrease is warranted.
Secs. 46-502---46-510- Reserved