Commercial property.
All developed properties within the city and its ETJ that are not used for residential or institutional purposes.
Developed property.
Any parcel, other than single-family property, that contains impervious area (i.e., any commercial property, multifamily property, and institutional property containing impervious area).
Director.
The city manager’s designee.
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.
Facilities.
The property, either real, personal, or mixed, that is used in providing drainage and included in the system.
Impervious area or impervious surface.
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but are not limited to, compacted soils, buildings, pavement, parking lots, and private ingress/egress roadways.
Institutional property.
Governmental property, or property privately owned but for a governmental-type use, including, without limitation, public or private schools, colleges, churches, community centers, hospitals, sanitariums, lodges or civic clubs, nursing homes, assisted living communities, and retirement homes.
Living area (LVAR).
The combined living area as determined by the latest ad valorem tax roll.
Multifamily property.
Any property platted or used for two or more residences.
Parcel.
One or more lots or tracts, or portions of lots or tracts, that are contiguous and under single ownership.
SFU (single-family unit).
A unit of measure used to calculate the stormwater utility fee and based on the statistical average horizontal impervious area for SFU property within the city. Fifteen hundred (1500) square feet of living area shall constitute one (1) SFU.
SFU impervious area value.
The statistical average impervious area for SFU property in the city.
Single-family property.
Any property platted, zoned or used for single-family residential development upon which a single-family home has been constructed.
Stormwater drainage revenue bonds.
Any obligations issued to finance the costs of facilities that are payable and secured by a lien on and pledge of stormwater utility fees.
Stormwater utility fee.
The drainage charge, including any interest and penalties paid by a benefited or served property for stormwater drainage services provided by the system, including but not limited to the items described as “cost of service” in V.T.C.A., Local Government Code, sec. 552.044(2).
System.
The drainage owned or controlled in whole or in part by the city, including the city’s existing drainage facilities, materials, and supplies, and dedicated to the service of benefited property, including provisions for additions, extensions, and improvements thereto and replacements thereof, excluding from the foregoing, however, to the extent now or hereafter provided by law, facilities of any kind which are declared by the city council, prior to the acquisition or construction thereof by the city, not to be a part of the system and which are acquired or constructed by or on behalf of the city with the proceeds from the issuance of special facilities bonds in a manner now or hereafter authorized by law.
(2001 Code, sec. 13.1501)
A stormwater utility fee is hereby imposed on each parcel within the city or ETJ for services and facilities provided by the system. For purposes of imposing the stormwater utility fee, all parcels within the city or ETJ are classified into the following four (4) customer categories:
(1) 
Single-family property.
(2) 
Multifamily property.
(3) 
Commercial property.
(4) 
Institutional property.
(2001 Code, sec. 13.1502)
(a) 
Number of SFUs.
The following formulas shall be used to calculate the number of SFUs for any parcel of property. Fifteen hundred (1500) square feet of living area (LVAR) shall equal one SFU. When calculating SFUs, the final figure shall be rounded to the nearest tenth of an SFU.
(1)
Single-family property:
# of SFUs
=
LVAR
1500
(2)
Multifamily property:
# of SFUs
=
LVAR x 1.5
1500
(3)
Commercial/industrial property:
# of SFUs
=
LVAR x 2
1500
(4)
Institutional property:
# of SFUs
=
LVAR
1500
(b) 
Rates.
The SFU rate is as provided for in the fee schedule in appendix A of this code and shall be used to calculate the total monthly stormwater utility fee for all property located in the city.
(c) 
Revision of rates.
The city council may review the foregoing schedule of fees at any time and may, by ordinance, increase or decrease said fees within the schedule upon a determination that said increase or decrease is warranted.
(d) 
Determining impervious area subject to fee.
The director shall be responsible for determining impervious area of developed property and total parcel area based on data obtained from the Tarrant County or Parker County appraisal district. If such information is unavailable from the appraisal district files, the property owner, tenant or developer may submit a certified survey and/or a foundation survey to assist the director in determining impervious area and total parcel area. The director may require additional information as necessary to make the determination. The director may revise the amount of any fee based on any additions to the impervious area as approved through the building permit process or as shown from the records of the Tarrant and/or Parker County appraisal district, respectively.
(e) 
Rates in accordance with act.
The city council hereby finds and determines that the stormwater utility fee has been established in accordance with the provisions of the Act, including, but not limited to, V.T.C.A., Local Government Code, section 552.047.
(2001 Code, sec. 13.1503; Ordinance adopting Code)
(a) 
Billing procedure.
Stormwater utility fees for all single-family property and developed property shall be billed monthly with the city’s other public utility billings and shall be identified separately on the bill as a stormwater utility fee. Stormwater utility fees for all non-customers of city utilities shall be billed twice a year by a separate bill mailed to the record owner of the property as listed in the ad valorem tax records of Tarrant County or Parker County, as applicable.
(b) 
Due date.
Bills are due when rendered, and if not paid within fifteen (15) days thereafter become delinquent and the city shall have the right to apply penalties for failure to pay as described in subsection (d) below.
(c) 
Date received.
Bills shall be considered as received by the customer and/or owner, whether actually received or not, when deposited in the United States mail, postage prepaid.
(d) 
Penalties for failure to pay.
(1) 
A list of delinquent charges against properties shall be compiled as of January 1 of each year.
(2) 
In addition to any other remedies or penalties provided by law or in the Act, if an account becomes delinquent, the city shall have the right to:
(A) 
Apply interest on any delinquent account at the rate of one percent (1%) simple interest on the unpaid balance due per month;
(B) 
Fix a lien against the property and assess a penalty in an amount provided for in the fee schedule found in appendix A of this code to cover the administrative costs of fixing a lien on benefited property; and/or
(C) 
Discontinue any utility services provided by the city.
(e) 
Notice of imposition of fees.
Notice of the imposition of stormwater utility fees shall be mailed to all owners and customers of the stormwater utility. Such notice shall state that stormwater utility fees will be billed to the customer on other city utility billings and that failure of a customer and/or owner to pay such fees may result in the imposition of a lien for stormwater utility fees, with interest and penalty on the benefited or served property, and/or discontinuance of utility service.
(2001 Code, sec. 13.1504)
(a) 
Appeal of fees.
Subject to the restrictions set forth in this section, any owner or customer who has paid stormwater utility fees and who believes the calculation or determination of the stormwater utility fee to be incorrect may appeal the fee to the director. The director shall evaluate all appeals based on the amount of impervious area on the parcel. No stormwater utility fee credit shall be given for the installation of facilities required by city development codes or Texas Water Code requirements.
(1) 
The appeal shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(2) 
The director shall review an appeal made:
(A) 
During the first fiscal year that the stormwater utility fee is imposed, within four months from the date the director receives the appeal. An adjustment resulting from such request shall be retroactive to the beginning of billings, but shall not exceed one (1) year.
(B) 
After the first fiscal year that the stormwater utility fee is imposed, within thirty days from the date the director receives the appeal. An adjustment resulting from such a request shall be prospective, and, at the discretion of the director, may also be retroactive for no longer than three months prior to the receipt of the request.
(3) 
The owner or customer requesting an adjustment may be required, at the owner’s or customer’s cost, to provide supplemental information to the director, including but not limited to survey data approved by a state registered professional land surveyor, engineering reports approved by a state registered professional engineer, or other documentation the director deems necessary. Failure to provide requested information may result in the denial of the adjustment request.
(4) 
The director shall grant or deny an adjustment request in writing. In making a determination to grant an adjustment request, the director shall consider the potential for any adverse impact to the holders of any outstanding stormwater drainage revenue bonds.
(b) 
Appeal of lien.
Before imposing a lien for delinquent drainage charges, the city shall send notice to the record owner of the benefited property of the amount of the charges owed and any penalties or interest accrued, and of the owner’s right to appeal the placement of the lien. Within ten working days of the postmark of the notice sent to the property owner, the owner may appeal the decision to impose the lien on the property to the director. The director shall direct that the lien not be filed if the owner shows that no bill for the above-mentioned services encumbered by the lien or liens is owed, and shall give the owner written notice of the director’s decision. The director may modify the lien to reflect the true amount of delinquency in payment for services to the property if the owner demonstrates that a lesser bill is owed. Whenever a person pays all principal, interest and charges of a valid lien filed pursuant to this article, the director shall execute a release of that lien and surrender it to the paying party. The paying party shall be responsible for the filing of that release.
(c) 
Appeal of decision of director.
Upon receipt of a written statement from the city manager denying a request to adjust the stormwater utility fees or refusing to direct that a lien not be filed, the owner or customer who initially filed the appeal may, within thirty days after receiving the statement from the city manager and after paying an administrative fee, as provided for in the fee schedule found in appendix A of this code, apply in writing to the city council for review of the denial.
(1) 
The city council shall complete this review within sixty days of receipt of said request for review. The city council shall apply the standards and review criteria contained in this section.
(2) 
The city council’s decision shall be final.
(2001 Code, sec. 13.1505)
(a) 
Duties of director.
It shall be the duty of the director to administer the system. The director shall keep an accurate record of all properties benefited or served by the system and shall make charges in accordance with the rates and fees established in this article. The director shall also be responsible for preparation of a city-wide master stormwater drainage plan for approval by the city council.
(b) 
Review by city council.
If, after at least five years of substantially continuous operation of the system, the city council determines that the system should be discontinued, the powers under the Act should be revoked, and the provision for municipal drainage should be made by other revenues, the city council may adopt an ordinance to that effect after providing notice and a public hearing as required by the Act.
(2001 Code, sec. 13.1506)
(a) 
There is hereby established a stormwater utility fund, which may consist of one or more accounts. All stormwater utility fees shall be deposited as collected and received into this fund, and shall be used exclusively for the drainage services as stated in Local Government Code section 552.044(2), which includes but is not limited to the following:
(1) 
Operation and maintenance of the system;
(2) 
Funding of pollution abatement and peak flow attenuation devices constructed on stormwater systems discharging to the surface water of the city;
(3) 
Administrative costs associated with the management of the system;
(4) 
Payment of the debt service requirements on any outstanding stormwater drainage revenue bonds, including any fees and expenses incidental thereto;
(5) 
Engineering consultant fees; and
(6) 
Consultant studies necessary for preparation of the master stormwater drainage plan.
(b) 
The income derived from the operation of the system must be segregated and completely identifiable from other city accounts.
(2001 Code, sec. 13.1507)
The following entities or persons shall be exempt from this article:
(1) 
The following political subdivisions: the United States and any of its agencies, the United States Postal Service, the State of Texas, Tarrant County, Parker County, the Tarrant Regional Water District, and the city;
(2) 
Senior citizens (over 65) as determined by the latest ad valorem tax roll; and
(3) 
Any property to which a mandatory exemption under the Act applies, including, without limitation:
(A) 
Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;
(B) 
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 city for maintenance; and
(C) 
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.
(2001 Code, sec. 13.1508; Ordinance adopting Code)