The municipal drainage utility systems act, chapter 552, subchapter C, Texas Local Government Code, as amended (the “act”), is hereby adopted and shall be fully implemented as provided by the act and by the city council; and the drainage of the city is hereby found to be a public utility within the meaning of the act.
(Ordinance 2015-73 adopted 12/7/15)
The city will provide stormwater drainage for all real property within its boundaries upon payment of the determined drainage fees, as defined in the act, and excluding property exempt under the act and certain real property exempted pursuant to this article, and that the fees, assessments, and charges will be based on nondiscriminatory, reasonable and equitable terms. The drainage fees established herein shall be for all nonexempt benefited property as defined in the act within the city drainage system.
(Ordinance 2015-73 adopted 12/7/15)
The city is hereby authorized to bill the drainage fees incurred as a result of the adoption of the act and through the establishment of the municipal drainage utility system. The drainage charge shall be separately identified from other public utility billings. Drainage fees may only be expended for the costs of service as defined by the act.
(Ordinance 2015-73 adopted 12/7/15)
The city may levy a schedule of drainage fees upon satisfaction of the procedural requirements provided in the act and this article. Prior to the levy of any drainage fees, the city council shall conduct a public hearing on the drainage fees pursuant to the act. Prior to adoption of this article, the city council found and determined:
(1) 
The city will establish a schedule of drainage fees against all real property in the proposed area which includes the entire city subject to the fees under the act;
(2) 
The city will provide drainage for all real property in the proposed service area on payment of the drainage fees, except real property exempt under the act; and
(3) 
The city will offer drainage service on nondiscriminatory, reasonable, and equitable terms.
(Ordinance 2015-73 adopted 12/7/15)
The city is authorized to exempt certain property, entities or persons from all ordinances, resolutions, and rules which the city may adopt from time to time in connection with the adoption of the act and the establishment of its municipal drainage utility system. Any exemptions to the drainage fees established herein other than the exemptions required by the act shall be set forth in the drainage fee schedule.
(Ordinance 2015-73 adopted 12/7/15)
(a) 
The city council shall, following the adoption of this article, from time to time establish by ordinance a drainage fee schedule for fees which shall be collected through the city’s bill for public utilities pursuant to the act and other applicable law. There shall be a drainage charge on each monthly public utility statement for the city drainage system as set forth in the drainage fee schedule. The city manager, or designee, is authorized to collect such fees in a manner consistent with the city charter, the act and this article. The drainage fees shall be a separate line item on the public utility statement, and shall be clearly identified as a separate charge. Except, as otherwise provided herein, the billing, fees and collection procedures shall be consistent with city collection procedures for water and sewer services provided by the city.
(b) 
The drainage fees established pursuant to this article will apply to the accounts maintained by the city for public utility services.
(c) 
All billings, credits, exemptions and other procedures relating to drainage fees established pursuant to this article shall be subject to the provisions of the act and other applicable law.
(d) 
A deposit for the drainage services as a precondition to accepting surface flow from benefited property into the city drainage utility system shall not be required. All real property of the city will be provided with drainage utility system service on timely payment of drainage fees established herein.
(Ordinance 2015-73 adopted 12/7/15)
(a) 
Billing and payment disputes for administrative issues relating to the drainage fees shall be subject to appeals procedures used by the city for other public utility billing disputes. A person or entity that owns or occupies a benefited property may appeal the drainage fees established herein pursuant to this procedure set forth in this section.
(b) 
Appeals shall be directed to the director of engineering for evaluation and determination. An appeal shall be in writing and submitted to the director of engineering within thirty (30) days after the public utility billing statement containing the matter to be disputed. During all periods of appeal the person or entity that owns or occupies the benefited property and/or the account holder shall be responsible for payment of the fees in full.
(c) 
The director of engineering shall render a written decision on such appeals within thirty (30) days after receiving a timely written notice of appeal from the person or entity that owns or occupies the benefited property and/or the account holder. The director of engineering shall deliver a copy of the appeal decision to the person or entity that owns or occupies the benefited property and/or the account holder by U.S. mail to the address of the landowner/account holder according to the most recent records in the possession of the city.
(d) 
Any person or entity who owns or occupies the benefited property and/or the account holder who disagrees with the decision of the director of engineering may appeal such decision to the city manager in writing within ten (10) days after receipt of the decision of the director of engineering. The decision of the city manager shall render a written decision within thirty (30) days after receipt of a timely appeal. The decision of the city manager shall be final.
(Ordinance 2015-73 adopted 12/7/15)
Failure to pay the drainage fees promptly when due shall subject such user to discontinuance of any public utility services provided by the city, in accordance with the procedures adopted by the city for discontinuance of any city public utility service including water and/or sewer service and other applicable laws.
(Ordinance 2015-73 adopted 12/7/15)