Terms defined herein are specific to this article and shall not be construed as conflicting with similar terms in other parts of this code. Terms not otherwise defined herein shall be given the definitions contained in the Texas Local Government Code, chapter 552, subchapter C.
The Act.
The Texas Local Government Code, chapter 552, subchapter C, as may be amended from time to time.
Benefitted property.
An improved lot or tract to which drainage service is made available under this article.
City.
The City of Brenham, a home-rule municipal corporation located in Washington County, Texas.
Commercial property.
All improved properties within the City other than residential property, including, but not limited to, commercial, industrial, institutional, government, multi-family, and nonprofit and religious organization land uses.
Cost of service.
The costs for drainage system service to a benefitted property, which shall be the total of:
(1) 
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) 
Prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property;
(3) 
Prorated cost of architectural, engineering, legal and related services, plant 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 practicability of structures, equipment, and facilities used in draining the benefitted property;
(4) 
Prorated cost of machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property;
(5) 
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) 
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) 
Administrative costs of operating and maintaining a drainage utility system.
Drainage.
Bridges, catch basins, 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 utility charges.
The levy imposed to recover the cost of the service of the city in furnishing drainage for any benefitted property, including any interest and penalties; and amounts made in contribution to funding of future drainage system construction by the city.
Drainage system or drainage utility or drainage utility system.
The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including any future additions, extensions, and improvements thereto and replacement thereof.
Equivalent residential unit (“ERU”).
The unit of measure used to calculate the drainage utility charge for residential and non-residential property.
Facilities.
The real, personal, or mixed property that is used in providing drainage and included in the drainage system.
Impervious area.
A surface which has become 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, graveled surfaces subject to motorized vehicular traffic, walkways, buildings, parking lots, pavement, concrete, and ingress/egress driveways. “Impervious area” does not include sidewalks located in the public right-of-way and as further defined in this Code. For purposes of this definition, a “walkway” is a pedestrian way in the interior of a lot or tract that is not located in the public right-of-way.
Improved lot or tract.
A lot or tract that has a structure, as further defined in this Code, or other improvement on it that causes or constitutes an impervious area.
Non-residential property.
All improved properties within the city other than residential property, including, but not limited to, commercial, industrial, institutional, government, multi-family, triplex, quadplex, and nonprofit and religious organization land uses.
Parcel.
One (1) or more lots or tracts or portions of lots or tracts that are contiguous and under single ownership.
Public utility.
Drainage service that is regularly provided by the city through city property dedicated to that service to the users of benefitted property within the service area and that is based on:
(1) 
An established schedule of charges;
(2) 
Use of the police power to implement the service; and
(3) 
Nondiscriminatory, reasonable, and equitable terms consistent with the Act.
Residential property.
Any improved lot or tract with single-family home, condominium, manufactured/mobile home, duplex, or other type of dwelling.
Service area.
The corporate boundaries of the city.
User or customer.
The person or entity that owns or occupies a benefitted property.
Wholly sufficient and privately-owned drainage system.
Drainage from an improved lot or tract which does not discharge into any natural or manmade waterway or drainage infrastructure including but not limited to creeks, rivers, sloughs, public streets, storm drains, culverts, drainage easements, storm water ponds or other channels that are part of the drainage system.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
(a) 
The provisions of the Texas Local Government Code, chapter 552, subchapter C are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the City of Brenham is hereby declared to be a public utility.
(b) 
The service area for the drainage utility shall include all real property within the corporate limits of the city as now existing and all real property which may be annexed by the city hereafter from time to time.
(c) 
The city council finds that:
(1) 
Impervious area increases runoff and associated pollutants; and
(2) 
It is equitable to assess the drainage utility charge to each user based on impervious area.
(d) 
Pursuant to the Texas Local Government Code, section 552.053 and section 580.003, the following shall be exempt from the provisions of this article:
(1) 
Property with proper construction and maintenance of a wholly sufficient and privately-owned drainage system;
(2) 
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;
(3) 
A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city;
(4) 
State agencies; and
(5) 
Public or private institutions of higher education.
(e) 
The city incorporates into the drainage utility system all existing property, facilities, equipment, materials, and supplies constituting the city’s drainage system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city’s drainage system shall be maintained as a part of the drainage utility.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
A separate fund is hereby created, known as the drainage utility fund, for the purpose of segregating, identifying, and controlling all revenues and expenses attributable into the drainage utility. All drainage utility charges shall be accounted for as collected and received into this fund and shall be used exclusively for drainage cost of service. Such utility revenues may be used for the operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration, debt issuance cost and debt service, and other reasonable and customary expenses associated with the operation of a utility system. It shall not be necessary that expenditures from the drainage utility fund for any authorized purpose specifically relate to or benefit any particular benefitted property from which the revenues were collected.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
The city manager or his designee shall be responsible for the administration of the drainage utility, including but not limited to, enacting any procedures necessary for the administration of the drainage charges and the consideration of appeals, development, and implementation of maintenance and facility improvement programs, state and federal regulatory compliance, and establishing drainage criteria and standards for the drainage system. The utilities department shall keep an accurate record of all properties benefitted by the services and facilities of the drainage utility.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
(a) 
Bills or statements for the drainage utility charge shall be rendered by the city for all properties subject to such charge.
(b) 
Drainage utility charges shall be billed with the city’s other public utility billings and shall be identified separately on the bill as a drainage utility charge.
(c) 
Any charge due hereafter which is not paid when due will subject the user to discontinuance of all utility services provided by the city and may be recovered in an action at law or in equity by the city including fixture of a lien against the property as allowed by law.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
(a) 
The establishment of the drainage utility by the city does not relieve private land owners, developers, other individuals and entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or federal or state laws and/or regulations that relate to stormwater runoff, drainage management, or drainage improvements.
(b) 
The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, stormwater pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This article does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this article shall be deemed to waive the city’s immunity under law or reduce the need or necessity for flood insurance.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)
(a) 
Requests for adjustment of a drainage utility charge shall be submitted to the city utilities customer service department. A user may apply for an adjustment if:
(1) 
The user believes that the drainage charge schedule, as applied to the user’s benefitted property, does not fairly reflect the cost of service to the user’s benefitted property;
(2) 
The user disputes the amount of impervious area used to calculate the drainage charge; or
(3) 
The user’s drainage utility charge has been assessed in error.
(b) 
The following procedures shall apply to all requests for adjustment of the drainage utility charge:
(1) 
The user shall have the burden of proof.
(2) 
Any user who has paid drainage utility charges and who believes the calculation or determination of the drainage utility charge to be incorrect may, subject to the restrictions set forth in this article, submit an adjustment request to the city utilities customer service department.
(3) 
Requests for adjustment of drainage utility charges paid by a user making the request shall be in writing and set forth in detail the grounds upon which relief is sought.
(4) 
Adjustment requests will be reviewed by the city within fifteen (15) business days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective but may be made retroactive for no greater time period than three (3) monthly billings immediately prior to the receipt of the request.
(Ordinance O-19-042, sec. 2, adopted 12/5/19)