The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Benefited property.
A lot or tract to which drainage service is made available or which receives water or wastewater or sanitation service from the city.
Cost of service,
as defined by law, includes:
(1) 
The prorated cost of land, easements, and rights-of-way related to drainage improvements;
(2) 
The cost of acquisition, construction, repair and maintenance of structures, equipment, and facilities used in draining the benefited properties;
(3) 
The 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 and practicality of structures, equipment, and facilities used in draining the benefited properties;
(4) 
The cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefited properties;
(5) 
The cost of funding, debt service, financing charges, and interest arising from construction projects and the start-up of a drainage facility used in draining the benefited properties; and
(6) 
The administrative costs of a drainage utility system.
Drainage charge:
(1) 
The levy imposed to recover the cost of service of the city in furnishing drainage for any benefited property; and
(2) 
An amount made in contribution to the 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 benefited property, including provisions for additions to the system.
Service area.
The municipal boundaries of the city.
(2001 Code, sec. 106-986; Ordinance 58-2010, sec. 1, adopted 11/2/10)
(a) 
The city declares under the state constitution and Texas Local Government Code secs. 552.041–552.054 that the Municipal Drainage Utility Systems Act is adopted, and it is declared that the drainage system of the city shall be a public utility. Pursuant to the provisions of Texas Local Government Code sec. 552.046, the city incorporates its existing drainage facilities, materials, and supplies into the system.
(b) 
This article adopts a schedule of charges against all eligible real property in the proposed service area. Pursuant to this article the city will provide drainage for all eligible real property in the service area on payment of drainage charges, except real property exempted from coverage under Texas Local Government Code ch. 552, subch. C, and offer drainage service on nondiscriminatory, reasonable, and equitable terms.
(2001 Code, sec. 106-987; Ordinance 58-2010, sec. 1, adopted 11/2/10)
(a) 
The schedule of charges under this article is based on studies, staff review, and the projects and work program approved by the city council. Future revisions will be made only after a separate hearing has been held with notices properly published.
(b) 
The schedule of charges in this article is based on a methodology that is nondiscriminatory, reasonable, and equitable. The properties are established as a class unless individual calculation is believed to be necessary. The source of the impervious area data is the city and the stormwater runoff factors are based on engineering quantifications. The fee for all properties is computed by charging residential customers on the basis of the impervious area of an average residential lot and applying that charge to commercial properties on the basis of their impervious area, as follows:
(1) 
A single-family living unit equivalent (SFLUE) is the impervious area of an average residential lot, which is found to be 3,500 square feet.
(2) 
The monthly stormwater drainage utility system fee is as established by separate ordinance.
Example: Applied to a commercial piece of property with an impervious area of 35,000 square feet, the stormwater drainage utility system fee would be as established by separate ordinance, computed as follows:
35,000 sq. ft. of impervious area/3,500 sq. ft. per SFLUE = 10 SFLUEs
10 SFLUES x $3.55 per SFLUE = $35.55 per month
(3) 
The fee schedule is applied with the following results:
a. 
For residential properties with individual meters: Established by separate ordinance.
b. 
For nonresidential properties and master-metered residential properties: The fee will be based on the impervious land area of the property as determined by the city if the water service is provided through master meters. In the case of multiple master meters, the sum of the drainage charges for the entire property may be placed on the same utility bill. The maximum monthly fee shall not exceed the amount established by separate ordinance per month.
(2001 Code, sec. 106-988; Ordinance 58-2010, sec. 1, adopted 11/2/10)
The city exempts the following categories of utility customers from receiving a drainage charge:
(1) 
Property owned by 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 city; and
(4) 
A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city.
(2001 Code, sec. 106-989; Ordinance 58-2010, sec. 1, adopted 11/2/10)
(a) 
The city will bill for drainage services on the monthly utility bill along with water, sewer, and solid waste services.
(b) 
There will be no separate deposit required.
(c) 
In the case of a delinquent payment of the monthly utility bill, which includes the drainage charge, the city is authorized by Texas Local Government Code sec. 552.041 et seq., and by this article to discontinue service of all city utilities for nonpayment, even if the amount in dispute is the drainage charge component of the monthly utility bill.
(d) 
The city shall identify and separate all drainage utility income.
(e) 
The monies received from utility drainage charges shall be used only for purposes that are directly or indirectly related to the utility drainage system, as provided by law, including those costs of service defined in section 106-986.
(2001 Code, sec. 106-990; Ordinance 58-2010, sec. 1, adopted 11/2/10; Ordinance 07-2011, sec. 1, adopted 1/18/11)
(a) 
Ordinary billing and payment disputes under this article shall be subject to informal hearing and dispute resolution procedures used for other utility billing disputes by the city. Certain other matters may be appealed to the city engineer or his designee as follows:
(1) 
Residential property billing can be appealed when the owner can offer proof that the property is unimproved and therefore not subject to the stormwater drainage utility system fee.
(2) 
Any owner of nonresidential property who can offer proof that an error was made with regard to the category of land development, the area of imperviousness of the land development, or the size of the developed property may appeal such matters.
(b) 
The city engineer or his designee shall render a written decision on such appeals within 30 days after receiving a written notice of appeal from the land owner.
(2001 Code, sec. 106-991; Ordinance 58-2010, sec. 1, adopted 11/2/10)