The special revenue drainage fund and associated drainage functions are established in order to protect the public health and safety within the city from the loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the boundaries of the service area of the special revenue drainage fund as established in this division. Drainage service will be offered on nondiscriminatory, reasonable and equitable terms within the service area.
(Ordinance 2304, part 1, adopted 8/30/04)
The following definitions shall apply to terms within this division:
Benefited property.
An improved lot or tract to which a drainage service is made available under this division. “Improved lot or tract” means a lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure.
Building square footage.
The total square footage of structural improvements, as determined by the county central appraisal district, that is associated with a municipal water or sanitation account and can include the living or working areas of buildings, and garages, or carports. In the case of multiple water meters, each with separate utility billings, serving the same building areas, such square footage will be counted only once and billed to only one utility account.
Cost of service.
As applied to a drainage system service to any benefited property means allowable uses of such funds, including:
(1) 
The 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 benefited property;
(2) 
The prorated cost of the acquisition, construction, repair and maintenance of structures, equipment and facilities used in draining the benefited property or the repayment of debt used to finance the same;
(3) 
The prorated cost of architectural, engineering, legal and related services, mapping, 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 benefited property;
(4) 
The prorated cost of all machinery, equipment, furniture and facilities necessary or incident to the provision and operation of draining the benefited property; and
(5) 
The direct and indirect administrative costs of operating a municipal drainage system (e.g., computer, postage, bill, legal, financial services, etc.).
Drainage.
Bridges, catchbasins, 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 charge.
(1) 
The levy imposed to recover the cost of the service of the municipality in furnishing drainage for any benefited property; and
(2) 
An amount made in contribution to funding of future drainage system construction by the city.
Drainage fee.
The drainage charge, including any interest and penalties paid by a benefited or served property for stormwater drainage services including, but not limited to, the items described as cost of service in this section, provided by the drainage function.
Drainage services.
Those municipal drainage functions that are regularly provided by the city through city property dedicated to that service to the users of benefited property within the service area and that is based on:
(1) 
An established schedule of charges;
(2) 
The use of the police power to implement the service; and
(3) 
Nondiscriminatory, reasonable and equitable terms as determined by the city council.
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.
Facilities.
The property, either real, personal or mixed, that is used in providing drainage and included in the system.
Non-single-family residential property.
Any developed lot or parcel used for something other than single-family residential use, including apartments, commercial, religious, industrial, institutional (including nonprofit organizations) and governmental activities.
Parcel.
One or more lots or portions of lots which are contiguous and under single ownership.
Service area.
The geographic area which shall be served by the city’s drainage services, as established by this division.
Single-family residential dwelling unit.
Refers to the number of dwelling units contained within any property platted or used for single-family residential purposes. For purposes of this division, a single-family detached structure shall equal one dwelling unit, a duplex shall equal two dwelling units, a triplex shall equal three dwelling units, and a fourplex shall equal four dwelling units. Larger apartment buildings shall not be considered as single-family dwelling units.
Single-family residential property.
Refers to any property platted or used for single-family residential development (i.e., single-family residential, mobile homes, duplex, triplex, fourplex, etc., but not including larger apartment buildings) upon which a structure has been placed.
User.
The person or entity who owns or occupies a benefited property.
(Ordinance 2304, part 1, adopted 8/30/04)
The city dedicates all city-owned property, facilities, materials and supplies constituting the city’s drainage system to the special revenue drainage fund hereafter on the effective date of this division (ordinance adopted August 30, 2004). All future acquisitions of real or personal property related to drainage shall be maintained as a part of the special revenue drainage fund.
(Ordinance 2304, part 1, adopted 8/30/04)
The service area for the special revenue drainage fund shall include the city limits as they shall be amended from time to time by action of the city council.
(Ordinance 2304, part 1, adopted 8/30/04)
A separate special revenue drainage fund, within the city’s fund structure, shall be created as of the effective date of this division (ordinance adopted August 30, 2004), known as the special revenue drainage fund, for the purpose of identifying the controlling all revenues and expenses attributable to municipal drainage services. All drainage fees collected by the city after the effective date of this division and such other monies as may be available by or to the city for the purpose of drainage shall be deposited in the special revenue drainage fund. Such drainage revenues shall be used for the purpose of the creation, operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction administration and other reasonable and customary charges associated with the operation of drainage services of the city. It shall not be necessary that the expenses from the special revenue drainage fund for any authorized purpose specifically relate to any particular benefited property from which the revenues for such purposes were collected. The income derived from the operation of municipal drainage services must be segregated in one or more accounts and completely identifiable from other city accounts. Drainage fees will be used for the sole purpose of promoting drainage services and will not be transferred to other municipal fund accounts for nondrainage purposes, except where specifically permitted by chapter 402, subchapter C, of the Local Government Code.
(Ordinance 2304, part 1, adopted 8/30/04)
The city secretary shall be responsible for the administration of this division including, but not limited to, enacting any procedures necessary for the administration of the drainage charges and the consideration of variances, developing maintenance programs, and establishing drainage criteria and standards for operation of the drainage system.
(Ordinance 2304, part 1, adopted 8/30/04)
Floods from drainage and stormwater runoff may occasionally occur which exceed the capacity of the drainage system maintained and financed with the drainage charges. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur which exceed the capacity of the drainage system maintained and financed with drainage charges. This division does not imply that properties subject to charges shall always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all flood control and water treatment projects to control the quantity and quality of runoff can be constructed effectively. Nothing whatsoever in this division should be construed as or be deemed to create additional duties on the part of the city to hold the city liable for any damages incurred in a flood or from adverse water quality due to drainage runoff. Nothing in this division shall be deemed to waive the city’s immunity under state law or reduce the need or necessity for flood insurance by property owners within or without the city.
(Ordinance 2304, part 1, adopted 8/30/04)
A drainage fee is imposed upon each developed lot and parcel with structural improvements within the city for drainage services and facilities provided by the city. For purposes of imposing the drainage fee, all lots and parcels within the city are classified into the following two customer categories:
(1) 
Single-family residential property; and
(2) 
Non-single-family residential property (which includes all other developed property).
(Ordinance 2304, part 1, adopted 8/30/04)
(a) 
The following schedule shall be used to determine the applicable drainage fee:
(1) 
Single-family residential property: $2.00 per monthly billing cycle per single-family dwelling unit
(2) 
Developed property other than single-family residential property:
Building Size
Monthly Billing Cycle
0 to 2,500 sq. ft.
$2.00
2,501 to 10,000 sq. ft.
$2.00
10,001 to 50,000 sq. ft.
$2.00
50,001 to 100,000 sq. ft.
$2.00
> 100,000 sq. ft.
$2.00
(b) 
Drainage fees will apply to improved lots and parcels within the city regardless of whether or not the city water and wastewater department bills the improved lots or parcels for water and/or sewage and/or garbage service.
(c) 
The city secretary shall be responsible for determining building square footage area of non-single-family residential property based on data obtained from the county appraisal district. If such information is unavailable from the appraisal district files, the property owner, tenant or developer may submit a certified survey or a foundation survey to assist the city secretary in determining building area. The city secretary may require additional information as necessary to make the determination. The amount of any fee may be revised by the city secretary based on additions to the impervious area as approved through the city’s building permit process or as shown from the records of the county appraisal district.
(d) 
The city council may review the foregoing schedule of fees at any time and may, by resolution, increase or decrease the fees within the schedule upon a determination that such increase or decrease is warranted.
(e) 
The city council finds and determines that the drainage fee has been established in accordance with the provisions of the chapter 402, subchapter C, Municipal Drainage Utility Systems, of the Local Government Code.
(Ordinance 2304, part 1, adopted 8/30/04)
(a) 
(1) 
Bills or statements for the drainage fee shall be rendered by the city for all properties subject to the fee. Bills shall be payable when rendered and shall be considered as received by the customer and/or owner, whether actually received or not, when deposited in the United States mail, postage prepaid, addressed to the utility customer.
(2) 
Bills shall be rendered monthly.
(3) 
Bills shall be for services for the preceding month.
(b) 
Bills are due when rendered and subject to late charges, disconnection of service, and reconnection fees authorized under the provisions relating to water/wastewater service.
(c) 
Drainage fees shall be billed with the city’s water and/or sanitation billings and shall be identified separately on the bill as a drainage fee. Delinquent fee bills shall be mailed to the customer at the address at which the owner receives other city utility services, or if no other city utility services are rendered, to any known address of the owner.
(d) 
(1) 
Any charge due hereunder which is not paid when due will subject the user to discontinuance of all utility services provided by the city, including water, wastewater, and sanitation service.
(2) 
Any drainage charge due hereunder which shall not be paid when due may be recovered in an action at law by the city. The employees of the city’s drainage services shall have access, at all reasonable times, to any benefited properties served by the drainage services for inspection, repair or enforcement.
(e) 
Notice of the imposition of drainage fees shall be made known to all customers of the city’s water, wastewater, and sanitation services via posting in the city’s official newspaper. Such notice shall state that drainage fees will be billed to the customer of each such service and that failure of a customer and/or owner to pay such fees may result in the discontinuance of all city water, sewer and sanitation services.
(Ordinance 2304, part 1, adopted 8/30/04)
(a) 
A request for adjustment of a drainage fee shall be submitted through the city secretary or his designee, who shall be given authority to administer the procedures and standards, and review criteria for the adjustment of fees as established herein. All requests shall be evaluated based upon the amount of building square footage. No drainage fee credit shall be given for the installation of facilities required by city development codes or Texas Water Code requirements. The following procedures shall apply to all requests for adjustment of the drainage fee:
(1) 
Any owner or customer who has paid drainage fees and who believes the calculation or determination of the drainage fee to be incorrect may, subject to the restrictions set forth in this division, submit an adjustment request to the city secretary. Requests for adjustment of drainage fees paid by an owner or customer making the request shall be in writing and set forth in detail the grounds upon which relief is sought.
(2) 
Adjustment requests for drainage fees will be reviewed by the director of water and wastewater within 30 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 months prior to the receipt of the request, at the discretion of the director of water and wastewater.
(3) 
The owner or customer requesting an adjustment may be required, at the requesting party’s own cost, to provide supplemental information to the director of water and wastewater, including, but not limited to, survey data approved by a state-registered professional land surveyor (R.P.L.S.), or detailed development plan (DDP) approved by the city. Failure to provide requested information may result in the denial of the adjustment request.
(4) 
Adjustments to the drainage fee will be made upon the granting of the adjustment request, in writing, by the director of water and wastewater. Denials of adjustment request shall be made in writing by the director of water and wastewater.
(b) 
Upon receipt of the written denial of the adjustment request, the owner or customer who initially requested the adjustment may, within 30 days of receipt of such denial, apply to the city secretary for review of the denial.
(1) 
The city secretary shall complete this review within 60 days of receipt of the request for review. The city secretary’s determination on the review shall be in writing and set forth in detail the reasons for the decision.
(2) 
In reviewing denial of adjustment requests, the city secretary, exclusive of his designee, shall apply the standards and review criteria contained in this section.
(3) 
All findings and determinations made by the city secretary arising out of this section will be final.
(Ordinance 2304, part 1, adopted 8/30/04)