(a) Drainage Utility Fee.
Drainage utility fees shall be charged based on a property's contribution to the city's public drainage utility system. The contribution shall be based on the amount of impervious area for the benefitted and non-exempt property. Impervious area is the square footage of a surface that has been compacted or covered with a layer of material so that it is resistant to infiltration by water. An impervious surface includes, but is not limited to, compacted soil with a surface treatment, roof tops, gravel, crushed stone surface, asphalt or concrete pavement, a parking lot, a driveway, a sidewalk or private roadway, a building or other structure, or any surface that changes the natural landscape and increases the flow or amount of stormwater (drainage) runoff.
All rates, billings, credits, exemptions and other procedures relating to this charge shall be subject to the provisions of subchapter C of Chapter 552, Local Government Code, V.T.C.A.
(b) Equivalent Residential Unit "ERU."
The impervious area of a property is measured in Equivalent Residential Units or ERUs. The current ERU for the City of DeSoto is based on 3,400 square feet of impervious area which is based on the average impervious area of a residential house structure including a garage, driveway and other impervious areas within a typical parcel. A property's ERU is calculated by dividing the impervious area of the property by 3,400 square feet.
(1) The ERU for any multi-family or nonresidential property shall not be less than one (1).
(2) The number of ERUs shall be individually determined by dividing the actual impervious area by 3,400 and rounded up to the nearest whole number.
(c) Monthly Rates.
The following rates are hereby established and shall be collected on each benefitted, non-exempt property through the city's bill for public utilities pursuant to subchapter C of Chapter 552, Texas Local Government Code, V.T.C.A., including, without limitation, section 552.048, and other applicable law:
Table 1: Residential Properties: Single-Family Residential, Duplex, Triplex, and Quadplex. |
|---|
| Monthly Base Fee | Monthly Use Fee | Monthly Total Fee |
|---|
Tier 1 (2,800 square feet, or less, of impervious area) | $2.00 | $4.00 | $6.00 |
Tier 2 (2,801 to 3,799 square feet impervious area) | $2.00 | $7.00 | $9.00 |
Tier 3 (3,800 square feet, or more, of impervious area) | $2.00 | $10.00 | $12.00 |
Senior Citizen Monthly Charge - Tier 1 | $2.00 | $4.00 (- $3.50 Senior [Credit]) | $2.50 |
Senior Citizen Monthly Charge - Tier 2 | $2.00 | $7.00 (- $3.50 Senior Credit) | $5.50 |
Senior Citizen Monthly Charge - Tier 3 | $2.00 | $10.00 (- $3.50 Senior Credit) | $8.50 |
Table 2: Non-Residential and Multi-Family (5 Units or More) |
|---|
| Monthly Base Fee | Monthly Use Fee | Monthly Fee |
|---|
Rate per ERU | $2.00 | $7.00 per ERU | Varies |
(1) A monthly base fee shall be applied to the drainage utility account associated with each non-exempt and benefitted property. This fee shall be allocated to drainage utility system administration costs which are divided among all properties equally, regardless of impervious area.
(2) The rates established above apply to the accounts maintained by the city for public utility services. If no utility meter serves the non-exempt and benefitted property, the city may establish a non-metered utility account using the utility billing system and shall bill the drainage charge to the utility customer for the non-metered utility account.
(d) Senior Citizen Credit.
The Senior Citizen credit will be applicable to residential properties in tiers 1, 2 and 3. To receive the Senior Citizen credit, the utility account holder must register the account as a Senior Citizen account through the city's utility billing department.
(e) Calculation of Drainage Fees for Non-Residential Properties.
(1) Every property owner and city service customer shall be responsible for paying the drainage fee for the benefited property. Such properties are charged monthly based on the amount of impervious area on a parcel of property. Except as otherwise stated in this article, the drainage fee is calculated using the following formula:
Monthly Drainage Fee for Non-Residential Property = [Equivalent residential unit (ERU) x drainage charge] + Base Fee
(2) A three-year phased implementation of drainage fees has been adopted for non-residential properties with a net increase in their monthly fee. Properties with a net increase will incur a gradual fee increase with 1/3 of the net increase each year for a period of three (3) years, effective at implementation and the start of the next two fiscal years.
(f) State Mandated Exemptions.
The following properties shall not be assessed a drainage utility fee, as required by section 552.053, subchapter C of Texas Local Government Code, and section 580.003 of Texas Local Government Code:
(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) a certificate of occupancy has been issued by the city for non-residential property; or (b) a Building Final has been issued by the city for residential property;
(5) Public or private institutions of higher education.
(g) Additional Exemptions.
As permitted by section 552.053, subchapter C of Texas Local Government Code, and section 580.003 of the Texas Local Government Code: the city has determined the following property shall not be assessed a drainage utility fee:
(1) School Districts and open enrollment charter schools;
(2) City of DeSoto property; and
(h) Rate Revisions.
The city council may review the foregoing schedule of fees at any time and may, by resolution, increase or decrease, or otherwise alter the fee structure upon a determination that such an increase or decrease is warranted.
(Ordinance 2417-24 adopted 11/5/2024)