HomeMy WebLinkAbout2016-3833 - Ordinance - 11/10/2016ORDINANCE NO. 2016-3833
AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES" OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW
SECTION 11-14 ESTABLISHING A ROADWAY MAINTENANCE FEE AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
RECITALS:
WHEREAS, the College Station City Council finds, determines, and declares that in order
to protect the citizenry from the deterioration of the quality and safety of the Road System that
they rely upon and use on a regular basis, it is necessary and in the best interest of the public health
and safety to establish a Roadway Maintenance Fee in order to provide a properly maintained Road
System; and
WHEREAS, the College Station City Council finds, determines, and declares that it is fair
and reasonable for all developed real property within City Limits using the Road System
(Benefitted Properties) to pay an equitable and pro rata portion of the costs to maintain the Road
System; and
WHEREAS, the College Station City Council will establish a Roadway Maintenance Fee,
subject to the limitations of the state law, and the City shall provide an efficient, reliable Road
System within the City Limits on the payment of such fees; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 11, "Utilities", of the Code of Ordinances of the City of College
Station, Texas, be amended by adding a new Section 11-14 as set out in Exhibit
"A", attached hereto and made a part of this Ordinance for all purposes.
PART 2: That the facts and recitations contained in the preamble of this Ordinance are hereby
declared to be true and correct and are incorporated by reference herein and made
a part hereof, as if copied verbatim.
PART 3: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this Ordinance, which shall remain in full force and effect.
PART 4: That any person, firm, corporation or entity violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not less that Twenty-five Dollars ($25.00) nor more than
Five Hundred Dollars ($500.00). Each day such violation shall continue, shall be
deemed a separate offense. Said Ordinance becomes effective January 1, 2017.
Ordinance No. 2016-3833 Page 2 of 11
PASSED, ADOPTED and APPROVED this 10th day of November 2016.
ATTEST:
CITY SECRETARY
APPROVED:
CG(k/CCIq. )'W
CITY ATTORNEY
APPROVED:
MAYOR
Ordinance No. 2016-3833 Page 3 of 11
EXHIBIT "A"
That Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, is
hereby amended by adding a new Section 11-14 as set hereafter to read as follows:
SECTION 11-14. Roadway Maintenance Fee.
A. Definitions.
(1) City limits shall mean the city limits of the City of College Station as they exist on the
effective date of this Ordinance and as they may be amended from time to time.
(2) Category or Categories means one (1) of sixty-five (65) categories recognized in Table 1:
Land Use Codes of the ITE Trip Generation Handbook 3rd Edition determined from the land uses
of the nonresidential customers.
(3) Tier means one (1) of five (5) tiers established per Trip Factor Index calculations and the
monthly base rate established for each Tier.
(4) Roadway Maintenance Fee shall mean the fee that is established by this Ordinance which
is assessed against, and collected from owners or occupants of Benefitted Property within City
Limits for the purpose of planning, constructing, operating, monitoring and maintaining the
Transportation System of the City.
(5) Transportation System or Road System shall mean the structures, traffic controls, streets
and other facilities in the public right-of-way, such as bridges, sidewalks and alleys which are
dedicated to the use of motor vehicles, transit, bicycles and pedestrians, all of which are owned
and/or controlled in whole by the City and which are dedicated to the Transportation System
service of the City, including provisions for additions, improvements and extensions to such
System.
(6) Utility Customer shall mean the holder of a City utility account or the person, firm,
partnership, joint venture, association, corporation, governmental entity or other entity responsible
for the payment of the Road Maintenance Fee.
B. ESTABLISHMENT AND REVISION OF ROADWAY MAINTENANCE FEE.
(1) The City Council hereby establishes a Roadway Maintenance Fee to be paid by Utility
Customers within the City Limits of College Station, Texas. Such Roadway Maintenance Fee shall be
set in amounts which will provide sufficient funds to properly maintain the Transportation System.
(2) Collection of the Roadway Maintenance Fee against each Benefitted Property shall be
made by a monthly charge to be added to the Utility Customer's utility bill for such property.
(3) The City Council has established a fee schedule based upon the cost of maintaining the
Transportation System as shown in Exhibit "A" and attached hereto and incorporated by reference
Ordinance No. 2016-3833 Page 4 of 11
herein. Such fee schedule may be amended by the City Council based upon changes in the cost of
maintaining the Transportation System.
C. TRANSPORTATION FUND.
(1) A separate fund shall be created effective January 1, 2017, known as the Roadway
Maintenance Fund. All Roadway Maintenance Fees shall be deposited in the Roadway
Maintenance Fund. It shall not be necessary for the expenditures from the Roadway Maintenance
Fund to specifically relate to any particular property from which the Roadway Maintenance Fees
were collected.
(2) An annual report of the Roadway Maintenance Fund and the Roadway Maintenance Fee
program will be provided to the City Council.
D. FINDINGS.
(1) The number of motor vehicle trips and the average length of those trips generated by a
Benefitted Property may reasonably be used to estimate the apportioned cost of the Transportation
System attributable to a Benefitted Property.
(2) The characteristics and use of a Benefitted Property may reasonably be used to estimate
the number and length of motor vehicle trips generated by the Benefitted Property.
(3) Based on the best available data, the method of imposing the Roadway Maintenance Fee
reasonably apportions the cost of the Transportation System among the Benefitted Properties.
(4) It is reasonable and equitable to impose a set monthly Road Maintenance Fee per each
Benefitted Property.
(5) It is reasonable and equitable to use trip generation rates for Benefitted Property from the
Trip Generation Manual, 9t1' Edition, published by the Institute of Transportation Engineers.
Further, it is reasonable and equitable to use trip lengths derived from travel model statistics of the
area to yield a vehicle -mile service unit generation for specific land uses.
(6) It is reasonable and equitable to consider trip generation rates from the City's 2015
Roadway Impact Fee Study in determining the trip factor used for each Benefitted Property.
E. DETERMINATION OF FEE.
(1) Collection of the Roadway Maintenance Fee shall be based on each Benefitted Property's
reasonably equitable share in the total number of vehicle miles generated by all property within
the City Limits. The reasonably equitable share depends on the type of land use and the calculated
vehicle miles per development unit (also referred to as Transportation Demand Factor) provided
in the Land Use/Vehicle-Mile Equivalency Table (LUVMET) in Attachment A.
(2) The trip generation rates listed in the LUVMET table are derived from the Trip Generation
Manual, 9th Edition, published by the Institute of Transportation Engineers, and are the number of
trips anticipated to and from a Benefitted Property per its land use and established units during the
PM peak hour.
Ordinance No. 2016-3833 Page 5 of 11
(3) For applicable non-residential land uses, the Trip Generation Rate is reduced to account
for "pass -by trips" to obtain Trip Rates.
(4) Trip Rates are multiplied by the Average Trip Length (miles) specific to the land use
category to obtain the Transportation Demand Factor expressed as Vehicle Miles per Development
Unit for each land use category.
(5) Each Benefitted Property is assigned a land use category identified in the LUVMET, and
the size of the Benefitted Property in terms of number of development units is obtained from
appraisal district property tax records or other reliable sources, as applicable.
(6) For each Benefitted Property, the Transportation Demand Factor from the LUVMET is
multiplied by the number of development units to calculate the transportation demand generated
by that Benefitted Property in terms of vehicle miles.
(7) The reasonably equitable share of each Benefitted Property in the total Roadway
Maintenance Fee per billing period is calculated as a function of the transportation demand
generated by a Benefitted Property to the total transportation demand generated by all Benefitted
Properties.
E. BILLING AND COLLECTION OF FEE. The Roadway Maintenance Fee shall be billed
and collected with the monthly utility bill. All such bills shall be rendered monthly and shall be
due upon receipt.
G. RECOVERY OF UNPAID FEE. Any Roadway Maintenance Fee due hereunder which
is not paid when due may be recovered in action at law by the City. In addition to any other
remedies or penalties provided by this Ordinance or the Code of Ordinances, City of College
Station, Texas, failure of any Utility Customer to pay the Roadway Maintenance Fee promptly
when due shall subject such Utility Customer to the discontinuance of utility services provided by
the City.
H. ADMINISTRATION; RULES AND REGULATIONS. The City Manager or designee
shall be responsible for the administration of this Ordinance. The City Manager or designee shall
be responsible for developing rules, regulations and procedures for the administration of fees and
the consideration of petitions for modification and appeals pertaining to the fees charged
hereunder; developing maintenance programs; establishing Transportation System criteria and
standards for the operation and maintenance of the Transportation System.
I. DISPOSITION OF FEES AND CHARGES.
(1) The Roadway Maintenance Fee shall not be used for the general government proprietary
purposes of the City, except to pay for the equitable share of the cost of accounting, management
and government thereof.
(2) Other than as described above, the Roadway Maintenance Fee shall be used solely to pay
for the costs of operation, administration, planning, engineering, development of guidelines and
controls, inspection, maintenance, repair, improvement, renewal, replacement and reconstruction
of the Transportation System and costs incidental thereto.
Ordinance No. 2016-3833 Page 6 of 11
J. EXEMPTION.
(1) The City reserves the right to exempt properties from provisions of this Ordinance
through Council Action.
(2) The following properties are exempted from the provisions of this Ordinance:
(a) Property owned by the College Station Independent School District
(b) Property owned by Texas A&M University
(c) Property owned by the Texas A&M University System.
K. APPEALS.
(1) A Utility Customer may appeal the Roadway Maintenance Fee established herein pursuant
to the procedure set forth in this section and as set out in any process developed by the City
Manager pursuant to Section H herein.
(2) An appeal shall be in writing and submitted to the City Manager or his designee within
fourteen (14) calendar days after the date of the public utility billing statement containing the
matter to be disputed.
(3)
Appeals may be submitted for the following reasons:
(a) The Utility Customer's exempt property has been assessed a Roadway Maintenance
Fee;
(b) a Roadway Maintenance Fee for the Utility Customer's Benefitted Property is
assessed in duplicate on multiple utility accounts;
(c) a Roadway Maintenance Fee is assessed to the Utility Customer's property outside
the City Limits;
(d) a Roadway Maintenance Fee assessed against the Utility Customer's Benefitted
Property is incorrect due to improper property characterization, such as land use, building
square footage or other relevant property characterization; or
(e) a .Roadway Maintenance Fee is assessed for a Benefitted Property unaffiliated to
the Utility Customer's utility account.
(4) The City Manager or his designee shall render a written decision on such appeals within a
reasonable time after receipt of a timely written notice of appeal from the Utility Customer. This
decision will be final.
(5) During all periods of appeal the Utility Customer shall be responsible for payment of
Roadway Maintenance Fee charges in full.
Ordinance No. 2016-3833 Page 7 of 11
(6) A Utility Customer appealing the Roadway Maintenance Fee may not receive a refund
resulting from the appeal except for a Road Maintenance Fee paid within six months the date of
the Utility Customer's notice of appeal.
L. PERIODIC REVIEW OF RATES. The City Council will periodically review this
Ordinance and the Roadway Maintenance Fee and shall be obligated to review them no later than
in the first month following the third anniversary date of this Ordinance.
Ordinance No. 2016-3833 Page 8 of 11
PORT AND
TERMINAL
INDUSTRIAL
INDUSTRIAL
INDUSTRIAL
INDUSTRIAL
INDUSTRIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
LODGING
CITY of College Station - Roadway Maintenance Fee
ATTACHMENT A
LAND USE/VEHICLE-MILE-EQUIVALENCY TABLE
ITE Land Use Develop. Veh-Mi Trip Pass- by Pass -by
Land Category Unit Per Gen Rate Source
Use Dev- Rate
Code Unit (PM)
030 Truck Acre 26.20 6.55
Terminal
110 General Light 1,000 SF 3.88 097
Industrial GFA
120 General 1,000 SF 2.72 0.68
Heavy GFA
Industrial
130 Industrial 1,000 SF 3.40 0.85
Park GFA
150 Warehousing 1,000 SF 1,28 0.32
GFA
151 Mini- 1,000 SF 1.04 0.26
Warehouse GFA
210 Single -Family Dwelling 4.00 1.00
Detached Unit
Housing
220 Apartment/M Dwelling 2.48 0.62
ulti-family Unit
230 Residential Dwelling 2.08 0.52
Condominium Unit
/Townhome
240 Mobile I-Iome Dwelling 2.36 0.59
Park / Unit
Manufactured
Housing
251 Senior Adult Dwelling 1.08 0.27
Housing- Unit
Detached
252 Senior Adult Dwelling 1.00 0.25
Housing- Unit
Attached
254 Assisted Beds 0.88 0.22
Living
310 Hotel Room 1.20 0.60
LODGING 320 Motel / Other Room 0.94 0.47
Lodging
Facilities
RECREATIONAL 432 Golf Driving Tee 2.50 1.25
Range
RECREATIONAL 430 Golf Course Acre 0.60 0.30
RECREATIONAL 495 Recreational 1,000 SF 5.48 2.74
Community GFA
Center
RECREATIONAL 465 Ice Skating 1,000 SF 4.72 2.36
Rink GFA
Trip Adj.
Rate Trip
Length
(mi)
6.55 4.00
0.97 4.00
0.68 4.00
0.85 4.00
0.32 4.00
0.26 4.00
1.00 4.00
0.62 4.00
0.52 4.00
0.59 4.00
0.27 4.00
0.25 4.00
0.22 4.00
0.60 2.00
0.47 2.00
1,25 2.00
0.30 2.00
2.74 2.00
2.36 2.00
Ordinance No. 2016-3833 Page 9 of 11
RECREATIONAL
RECREATIONAL
RECREATIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
OFFICE
OFFICE
OFFICE
OFFICE
OFFICE
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
ITE Land Use Develop. Veh-Mi Trip
Land Category Unit Per Gen
Use Dev- Rate
Code Unit (PM)
431 Miniature Hole 0.66 0.33
Golf Course
445 Multiplex Screens 27.28 13.64
Movie
Theater
491 Racquet / Court 6.70 3.35
Tennis Club
560 Church 1,000 SF 1.10 0.55
GFA
565 Day Care 1,000 SF 13.82 12.34
Center GFA
522 Primary/Midd Students 0.32 0.16
le School (1-
8)
530 1-Iigh School Students 0.26 0.13
540 Junior / Students 0.24 0.12
Community
College
550 University / Students 0.34 0.17
College
630 Clinic 1,000 SF 19.53 5.18
GFA
610 Hospital 1,000 SF 3.51 0.93
GFA
620 Nursing Beds 0.83 0.22
Home
640 Animal 1,000 SF 9.90 4.72
Hospital/Vete GFA
rinary Clinic
714 Corporate 1,000 SF 5.64 1.41
Headquarters GFA
Building
710 General 1,000 SF 5.96 1.49
Office GFA
Building
720 Medical- 1,000 SF 13.46 3.57
Dental Office GFA
Building
715 Single Tenant 1,000 SF 6.96 1.74
Office GFA
Building
750 Office Park 1,000 SF 5.92 1.48
GFA
942 Automobile 1,000 SF 3.74 3.11
Care Center Occ. GLA
843 Automobile 1,000 SF 6.82 5.98
Parts Sales GFA
944 Gasoline/Sery Vehicle 4.82 13.87
ice Station Fueling
Position
945 Gasoline/Sery Vehicle 3.56 13.51
ice Station w/ Fueling
Cony Market Position
Pass- by Pass -by
Rate Source
44%
30%
B
B
40% B
43% A
42% A
56% B
Trip Adj.
Rate Trip
Length
(mi)
0.33 2.00
13.64 2.00
3.35 2.00
0.55 2.00
6.91 2.00
0.16 2.00
0.13 2.00
0.12 2.00
0.17 2.00
5.18 3.77
0.93 3.77
0.22 3.77
3.30 3.00
1.41 4.00
1.49 4.00
3.57 3.77
1.74 4.00
1.48 4.00
1.87 2.00
3.41 2.00
8.04 0.60
5.94 0.60
Ordinance No. 2016-3833 Page 10 of 11
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Automobile Related
COMMERCIAL:
Dining
ITE Land Use
Land Category
Use
Code
946
841
941
947
948
848
934
COMMERCIAL: 933
Dining
COMMERCIAL: 932
Dining
COMMERCIAL:
Dining
COMMERCIAL:
Dining
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
931
937
815
817
862
COMMERCIAL: 880
Other Retail
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
881
820
Gasoline/Sery
ice Station w/
Cony Market
and Car Wash
New Car
Sales
Quick
Lubrication
Vehicle Shop
Self -Service
Car Wash
Automated
Car Wash
Tire Store
Fast Food
Restaurant
with Drive-
Thru Window
Fast Food
Restaurant
without
Drive-Thru
Window
High
Turnover (Sit -
Down)
Restaurant
Quality
Restaurant
Coffee/Donut
Shop with
Drive-Thru
Window
Free -Standing
Discount
Store
Nursery
(Garden
Center)
Home
Improvement
Superstore
Pharmacy/Dr
ugstore w/o
Drive-Thru
Window
Pharmacy/Dr
ugstore w/
Drive-Thru
Window
Shopping
Center
Develop.
Unit
Vehicle
Fueling
Position
1,000 SF
GFA
Servicing
Positions
Stall
Stall
1,000 SF
GFA
1,000 SF
GFA
Veh-Mi
Per
Dev-
Unit
Trip
Gen
Rate
(PM)
Pass- by Pass -by Trip
Rate Source Rate
3.66 13.86 56%
4.20
6.22
1.99
5.08
5.98
2.62
5.19
5.54
14.12
4.15
20%
40%
Adj.
Trip
Length
(mi)
A 6.10 0.60
B
B
40% 13
40%
28%
13
A
2.10
3.11
3.32
8.47
2.99
2.00
2.00
0.60
0.60
2.00
32.66 32.65 50% A 16.33 2.00
1,000 SF 26.16 26.15 50% B 13.08 2.00
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
11.22 9.85 43% A 5.61 2.00
8.38
7.49
44%
A
4.19
25.68 42.80 70% A 12.84
6.98
9.72
2.42
4.98
6.94
2.33
30% C
30% B
48%
A
3.49
4.86
2.00
2.00
2.00
2.00
1.21 2.00
1,000 SF 7.90 8.40 53% A 3.95 2.00
GFA
1,000 SF 10.10 9.91 49% A 5.05 2.00
GFA
1,000 SF
GLA
4.90
3.71
34%
A
2,45
2.00
Ordinance No. 2016-3833 Page 11 of 11
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
COMMERCIAL:
Other Retail
SERVICES
SERVICES
SERVICES
ITE Land Use
Land Category
Use
Code
850
864
875
896
911
912
918
Supermarket
Toy/Children'
s Superstore
Department
Store
Video Rental
Store
Walk -In Bank
Drive -In
Bank
Hair Salon
Develop.
Unit
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
1,000 SF
GFA
Drive-in
Lanes
1,000 SF
GLA
ROADWAY MAINTENANCE FEE SCHEDULE
Nonresidential
Tier I
Tier II
Tier III
Tier IV
Tier V
Residential
Single Family
Multi -Family
Veh-Mi
Per
Dev-
Unit
12.14
6.98
2.62
13.60
12.38
29.95
1.73
Trip Pass- by
Gen Rate
Rate
(PM)
9.48
4.99
1.87
13.60
12.13
33.24
1.45
Vehicle Miles Traveled Monthly Charge
0 - 23.99
24.00 - 43.99
43.99 - 90.99
91.00 - 223.99
224.00+
Flat Fee/Dwelling Unit
Flat Fee/Dwelling Unit
$17.23
$38.71
$74.71
$152.39
$250.00
$7.78
$6.10
36%
Pass -by I Trip Adj.
Source Rate Trip
Length
(mi)
A
30% B
30%
50%
40%
47%
30%
B
B
B
A
6.07
3.49
1.31
6.80
7.28
17.62
1.02
2.00
2.00
2.00
2.00
1.70
1.70
1.70