(a) 
Purpose.
The city finds it to be in the public interest to protect the public health and safety from loss of life and property caused by surface water overflows and surface water stagnation within the boundaries of the city, and further finds that to protect such public interests:
(1) 
The city will establish a schedule of drainage charges against all real property in the city subject to charges under Texas Local Govt. Code, chapter 552, subchapter C, Municipal Drainage Utility Systems, section 552.041 et seq.;
(2) 
The city will provide drainage for all real property in the city upon payment of drainage charges, except such real property exempted therefrom as authorized by the Act; and
(3) 
The city will offer such drainage service on nondiscriminatory, reasonable, and equitable terms.
(b) 
Adoption of state law.
The city is authorized and does hereby declare under the Texas Constitution and Vernon’s Texas Codes Annotated (V.T.C.A.), Local Government Code, chapter 552, subchapter C, entitled “Municipal Drainage Utility Systems,” section 552.041 et seq., that such act is hereby adopted, and it is declared that the drainage of the city shall be a public utility. Pursuant to the provisions of V.T.C.A., Local Government Code, section 552.046, the city incorporates its existing drainage facilities, materials, equipment and supplies into the system. The boundaries of the drainage utility system service area shall be the municipal boundary of the city.
(Ordinance 2013-01-001, sec. 2 (130-190), adopted 1/15/13)
The director will be assigned by the city manager and a member on staff at the city, knowledgeable with the management and operation of the system. The director shall administer the stormwater utility system. The director shall keep an accurate record of properties benefitted or served by the stormwater utility system and the stormwater utility fee charged for each parcel or portion of a parcel.
(Ordinance 2013-01-001, sec. 2 (130-191), adopted 1/15/13)
The city council retains full discretion in establishing the time and quantitative priorities in expending funds on a reasonable basis as the same become available to meet the stormwater needs of the city. The passage of this article shall not be construed to relieve private land owners, developers or other individuals or entities from providing stormwater improvements pursuant to the ordinances of the city and the laws of this state which relate to stormwater or stormwater improvements. This article does not warrant, guarantee or provide any assurance that a benefited property will be free from flooding or erosion, and does not create additional duties nor waive any immunities on the part of the city.
(Ordinance 2013-01-001, sec. 2 (130-192), adopted 1/15/13)
The city is hereby authorized to bill the drainage charges incurred as a result of the adoption of the Act through the establishment of the municipal drainage utility system. The stormwater utility fee shall be separately identified from other public utility billings.
(Ordinance 2013-01-001, sec. 2 (130-193), adopted 1/15/13)
The city may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act, including public hearings and adoption of the requisite ordinances.
(Ordinance 2013-01-001, sec. 2 (130-194), adopted 1/15/13)
The finance director shall maintain a stormwater utility fund which may consist of one or more accounts. The income of the stormwater utility shall be segregated and completely identifiable in the city accounts. Funds and revenues in the stormwater utility fund may be paid over and transferred to the city’s general fund as allowed by law.
(Ordinance 2013-01-001, sec. 2 (130-195), adopted 1/15/13)
(a) 
The city council hereby establishes the stormwater utility fees as set forth herein. Stormwater utility fees will be levied against all real property in the established service areas except real property that is exempted by section 552.053(b)(3) and (c) of the Texas Local Government Code.
(b) 
Stormwater utility fees shall be calculated for residential and nonresidential properties in accordance with the rates established by the city council.
(c) 
Billing of stormwater fees shall be provided as identified below.
(1) 
The stormwater utility fee for a parcel will be billed to the owner or customer who receives the water, sewer or solid waste billing for the parcel, as recorded in the city’s utility billing system.
(2) 
The fee for a nonresidential parcel which has multiple or shared utility billing accounts may be allocated to each utility billing account in proportion to the percentage of the land area that is allocated for use by each owner or customer compared to the total area on the parcel.
(3) 
Where an improved parcel is not occupied by a customer that may use water, wastewater, solid waste or other utility service and considered by the city to be vacant, either on a temporary or permanent basis, the city may bill the owner of the parcel for the stormwater utility fee.
(4) 
Where the city does not bill water, wastewater or solid waste service to an owner or customer, the city is hereby authorized to establish a “stormwater only account” and to bill the stormwater utility fee to either the owner or customer, as the director determines is appropriate.
(d) 
All stormwater utility fees shall be deposited in the stormwater utility fund created under section 12.06.006.
(e) 
The stormwater utility fee will be utilized to fund stormwater projects, equipment, personnel and other costs of service as authorized in section 552.044(2) of the Texas Local Government Code and the stormwater ordinance.
(Ordinance 2013-04-001 adopted 4/2/13; Ordinance adopting 2021 Code)