In the interest of public health and safety and a more efficient and economic operation of drainage facilities of the city, a municipal drainage utility system (MDUS) is established, which shall be a public utility. The rules and provisions of V.T.C.A., Local Government Code 552, subch. C, as amended, which is adopted and incorporated into this article by reference, and any other provisions of this code relating to drainage shall govern the operation of the MDUS. Nothing in this article shall be construed to restrict the city's ability to make other rules or policies governing the operation of the MDUS. The city shall have full authority to operate such MDUS. Drainage service shall be offered on nondiscriminatory, reasonable and equitable terms within the service area, which is the corporate boundaries of the city.
(1999 Code, sec. 90-10(a))
The city will provide drainage for all real property in the proposed service area on payment of MDUS charges, except real property exempted in section 22.06.006. The following MDUS charges per month are hereby established as follows:
(1) 
Residential MDUS charge: $1.80 per 1,000 square feet of impervious area.
(2) 
Nonresidential MDUS charge: $1.80 per 1,000 square feet of impervious area.
(3) 
Nonresidential discount: A discount of 20% will be applied to all nonresidential properties where a drainage detention facility has been constructed and maintained in accordance with city requirements.
(Ordinance 2013-1150 adopted 10/22/13; Ordinance 2024-1318 adopted 12/10/2024)
The MDUS charge shall be included on the monthly utility bill, along with water, wastewater and garbage charges. Nonpayment of the MDUS charge shall be treated the same as nonpayment of the water, wastewater and garbage bill, with delinquent fees and current utility cut-off procedures applied. The city shall not require a deposit for drainage service as a precondition to accepting surface flow in the MDUS.
(1999 Code, sec. 90-10(d))
All MDUS charges collected by the city pursuant to section 22.06.003 and such other monies as may be available for the purpose of drainage shall be recorded in the drainage utility fund and segregated as required by V.T.C.A., Local Government Code section 552.049. The drainage utility fund shall be used as authorized by law.
(1999 Code, sec. 90-10(e))
As allowed by law, the city hereby exempts from ordinances, resolutions, and rules adopted under this MDUS:
(1) 
City streets within the corporate boundaries of the city;
(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 municipality in which the property is located 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.
(1999 Code, sec. 90-10(f))
The city manager, acting through the director of public works, or their designee, shall be responsible for the administration, including but not limited to establishing rules and procedures, of the MDUS and appeal of the MDUS charge.
(1999 Code, sec. 90-10(g))
Nothing in this article shall be construed to create additional liabilities or duties or to hold the city liable for 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.
(1999 Code, sec. 90-10(h))