(a) In addition to the definitions set out in section 552.044, Texas
Local Government Code, the following definitions shall apply when
used in this article:
Developed.
A parcel which has had improvements, structures, grading,
or other construction which increased the natural impervious runoff
value from an undeveloped or agricultural land.
Private.
Parts of a stormwater system located on land not owned by
the city outside of public easements. These partial systems connect
to the public stormwater utility but are separate and distinct by
ownership and maintenance responsibilities. This definition of “private”
includes other government-owned land in the city for the purposes
of this article, e.g. Dallas County, Ellis County, state department
of transportation, etc.
Service area.
The municipal boundaries of the city as those municipal boundaries
are altered from time to time in accordance with state law and the
charter and ordinances of the city.
Undeveloped.
A parcel which has not had a building or structure located
within its limits.
(b) Definitions not explicitly stated in this article shall be defined
first as within the current TPDES general permit, then as within other
sections of the Code of Ordinances. Where differences exist, the most
stringent of the definitions shall apply.
(Ordinance O-08-09, sec. 2, adopted 9/21/09)
In the interest of public health and safety and a more efficient
and economic operation of drainage facilities of the city, by adoption
of this article by a majority vote of its governing body, the city
council hereby creates a municipal drainage utility system, which
shall be a public utility. The rules and provisions of chapter 552,
subchapter C of the Texas Local Government Code, as amended, which
is adopted and incorporated into this article by reference, and any
other provisions of the city’s code relating to drainage shall
govern the operation of the utility. Nothing in this section shall
be construed to restrict the city council’s ability to make
other rules or policies governing the operation of the utility. The
city shall have full authority to operate such municipal drainage
utility system. Drainage service will be offered on nondiscriminatory,
reasonable and equitable terms within the service area.
(Ordinance O-08-09, sec. 3, adopted 9/21/09)
The service area of the city’s municipal utility drainage
system shall be that area within the corporate boundaries of the city.
(Ordinance O-08-09, sec. 4, adopted 9/21/09)
(a) The city hereby incorporates all of the existing drainage facilities
with city easements or ownership, materials, and supplies owned and
controlled by the city into the drainage utility system.
(b) All other private systems shall remain privately controlled.
(c) In order for a private system to be transferred to the public utility,
the drainage structures shall meet current design standards, be inspected
by the city engineer or his/her designee, and be found to be in acceptable
condition according to the current standards. Only then may an easement
be filed for approval and acceptance by the city council.
(d) Floods from drainage and stormwater runoff may occasionally occur
which exceed the capacity of the drainage system maintained and financed
with the drainage charges. In addition, surface water stagnation and
pollution arising from non-point source runoff may occasionally occur
which exceed the capacity of the drainage system maintained and financed
with drainage charges. This article does not imply that properties
subject to charges shall always be free from flooding or flood damage,
surface water stagnation or non-point source pollution or that all
flood control and water treatment projects to control the quantity
and quality of runoff can be constructed effectively. Nothing whatsoever
in this article should be construed as or be deemed to create additional
duties on the part of the city to hold the city liable for any damages
incurred in a flood or from adverse water quality due to drainage
runoff. Nothing in this article shall be deemed to waive the city’s
immunity under state law or reduce the need or necessity for flood
insurance by property owners within or without the city.
(Ordinance O-08-09, sec. 5, adopted 9/21/09)
(a) The city council must approve municipal drainage system fees and exception rules of section
13.12.008.
(b) The city manager or his/her designee(s) shall be responsible for
the administration of this article including, but not limited to adopting
rules for the administration of the drainage charge by the utility
billing staff and for the drainage utility technical design and construction
standards, policies, and permits and consideration of variances.
(Ordinance O-08-09, sec. 6, adopted 9/21/09)
(a) A separate fund, within the city’s fund structure, shall be
created as of the effective date of this article, known as the drainage
utility fund, for the purpose of identifying and controlling all revenues
and expenses attributable to municipal drainage services. All drainage
fees collected by the city after the effective date of this article
and such other monies as may be available by or to the city for the
purpose of drainage shall be deposited in the drainage utility fund.
Such drainage revenues shall be used for the purpose of the creation,
operation, planning, engineering, inspection, construction, repair,
maintenance, improvement, reconstruction, administration and other
reasonable and customary charges associated with the operation of
drainage services of the city. The income derived from the operation
of municipal drainage services must be segregated in one or more accounts
and completely identifiable from other city accounts.
(b) The city shall charge all benefitted property, except those exempted in section
13.12.008, for drainage service based on area of land related to drainage and on classifications and individual calculations found to be nondiscriminatory, equitable, and reasonable. In accordance with state law, the city has based its methodology on data gathered from the Dallas County Appraisal District and the Ellis County Appraisal District as well as the city’s own utility billing information.
(c) The city hereby adopts the “Schedule of Drainage Charges”
as referenced herein.
(d) The most current drainage fee charges shall be posted on the city
website and available at the utility billing counter.
(e) Drainage charges shall be reasonably set in accordance with the capital
improvement plan (CIP) for the city and annual operating costs including
the addition of the new stormwater management program requirements.
(f) Billing, nonpayment and deposits.
(1) The municipal drainage system fee shall be included on the monthly
utility bill, along with water, wastewater and garbage charges.
(2) Nonpayment of the municipal drainage utility system fee shall be treated the same as nonpayment of the water, wastewater and garbage bill with delinquent fees and current utility cut-off procedures applied as defined in chapter
13.
(3) Water service may be cut off for nonpayment of municipal drainage
system fees.
(4) The city shall not require a deposit for drainage service as a precondition
to accepting surface flow in the drainage utility system.
(Ordinance O-08-09, sec. 7, adopted 9/21/09)
(a) If an owner or a person legally authorized to represent a nonresidential
property owner wishes to appeal a municipal drainage system fee amount,
they may do so by filing a notice of appeal with the city engineer
and paying a $100.00 application fee. An appeal can be filed by completing
a form that describes the basis for the claimant appealing the data,
including the provision of independent engineering reports supporting
a more accurate area calculation. The information submitted to the
city must be complete in order to conduct an evaluation of the appeal.
A response will be provided within 10 days of the receipt of the completed
appeal form and supporting material. Any utility billing adjustments
made after adoption of this article shall be applied only to the next
billing cycle following a decision made by the city.
(b) The city manager shall review and make determinations of area appeals.
Further appeals may be heard by the city council.
(Ordinance O-08-09, sec. 8, adopted 9/21/09)
Exemptions shall be allowed as listed under the schedule of
municipal drainage system fees as adopted herein.
Appendix A. Municipal Drainage System Fees
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Residential properties: $5.08 per month.
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Nonresidential properties are based on lot size as shown below:
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Property Size
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Monthly Fee
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Less than or equal to 25,000 square feet
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$15.00
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Greater than 25,000 square feet and less than or equal to 43,560
square feet
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$30.00
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Greater than 43,560 square feet and less than or equal to 130,680
square feet
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$50.00
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Greater than 130,680 square feet and less than or equal to 217,800
square feet
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$100.00
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Greater than 217,800 square feet
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$175.00
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Exemptions:
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The following governmental entities and a lot or tract [in]
which the governmental entity holds a freehold interest are exempt
from the provisions in this article:
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a.
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State of Texas.
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b.
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Dallas and Ellis County. c. City of Glenn Heights.
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The following shall also be exempt from the provisions of this
article:
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a.
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Property with proper construction and maintenance of a wholly
sufficient and privately owned drainage system;
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b.
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Property held and maintained in its natural state, until such
time that the property is developed and/or all of the public infrastructure
constructed has been accepted by the city; and
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c.
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A subdivided lot, until a structure has been built on the lot
and a certificate of occupancy has been issued by the city.
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(Ordinance O-08-09, sec. 9, adopted 9/21/09; Ordinance O-19-10 adopted 9/7/10)