The Municipal Drainage Utility Systems (Act) (subchapter C of chapter 552, Local Government Code, V.T.C.A, as amended) is hereby adopted and shall be fully implemented as provided therein and by the city council, and the drainage of surface water within the city is hereby found to be a public utility within the meaning of the Act and the entire city constitutes a service area. The city council hereby adopts the legislative findings and hereby declares such findings as applicable to the city.
(2002 Code, sec. 13.1501; Ordinance 2010-03-02, sec. 1, adopted 3/22/10)
The following words and phrases, when used in this article, shall have the meanings ascribed to them by this section, except where the context indicates otherwise:
Benefitted property.
An improved lot or tract to which drainage service is made available under this article.
Cost of service.
As applied to a drainage system service to any benefitted property, means:
(1) 
The prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of-way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property;
(2) 
The prorated cost for the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property;
(3) 
The prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility or practicability of structures, equipment, and facilities used in draining the benefitted property;
(4) 
The prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property;
(5) 
The prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property;
(6) 
The prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued by the city; and
(7) 
The administrative costs of the drainage utility system.
Drainage.
Bridges, catchbasins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses.
Drainage charge.
The levy imposed to recover the cost of the city's service in furnishing drainage for any benefitted property, and an amount in contribution to funding of future drainage system construction by the city.
Drainage system.
The drainage owned or controlled in whole or in part by the city and dedicated to the service of the benefitted property.
Facilities.
The property, either real, personal, or mixed, that is used in providing drainage and included in the system.
Improved lot or tract.
A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement.
Public utility.
The drainage service that is regularly provided by the city through municipal property dedicated to that service to the users of benefitted property within the boundaries of the city.
Service area.
The area within the city's municipal boundaries.
User.
The person or entity who owns or occupies a benefitted property.
(Ordinance 2010-03-02, sec. 2, adopted 3/22/10)
(a) 
The city will provide drainage for real property located within its boundaries upon payment of the drainage charges, as defined under the state law and provided herein, excluding certain exempted real property, and the fees, assessments and charges will be based on nondiscriminatory, reasonable and equitable terms.
(b) 
The city hereby incorporates any existing drainage facility, materials and supplies into the utility drainage system.
(2002 Code, sec. 13.1503)
(a) 
The city is hereby authorized to bill the drainage charges incurred as a result of the adoption hereof through the establishment of the municipal drainage utility system. The drainage charge shall be separately identified from other public utility billings.
(b) 
Any drainage charge that is not paid when due may be recovered in an action by law by the city and, in addition to any remedies or penalties provided at law, shall subject the user of the municipal utilities who failed to promptly pay the charges when due to discontinuance of any utility services provided by the city.
(2002 Code, sec. 13.1504; Ordinance 2010-03-02, sec. 3, adopted 3/22/10)
Upon the passage of this article, the city may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act.
(2002 Code, sec. 13.1505)
The city may exempt certain entities or persons from the provisions adopted in all ordinances, resolutions and rules under state law which the city may adopt from time to time in connection with this article and the establishment of its municipal drainage utility system. The city manager shall, based upon accepted engineering principles, adopt reasonable exemptions from the requirements hereof, as provided in section 552.053 of the Texas Local Government Code.
(2002 Code, sec. 13.1506; Ordinance 2010-03-02, sec. 1, adopted 3/22/10)
(a) 
The city council may charge a lot or tract of benefitted property for drainage service. In setting the schedule of charges for drainage service, the city council may place benefitted properties into classifications based on considerations of the lots and tracts within the service area, the land use of the benefitted property, and the size, in area, number of water meters, and topography of a parcel of benefitted property. The rates and charges must be equitable for similar services in all areas of the service area.
(b) 
The city council shall establish drainage charges by resolution, and such drainage charges shall be collected pursuant to the requirements of subchapter C of chapter 552, Texas Local Government Code, V.T.C.A., including, without limitation, section 552.048, and other applicable laws. The city council may change, adjust, and readjust by resolution the rates and charges for drainage service from time to time, in accordance with the procedural requirements of chapter 552.
(c) 
The income from the drainage utility system shall be used for the cost of service. The city may also create a reserve for future construction, repair, or maintenance of the drainage system.
(Ordinance 2010-03-02, sec. 4, adopted 3/22/10)