(a)
The town council 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 town, and further finds that to protect such public
interests:
(1)
The town will establish a schedule of drainage charges against all
real property in the town subject to charges under subchapter C of
chapter 402 of the Texas Local Government Code;
(2)
The town will provide drainage for all real property in the town
on payment of drainage charges, except such real property which may
be exempted therefrom as authorized by law; and
(3)
The town will offer such drainage service on nondiscriminatory, reasonable
and equitable terms.
(b)
By the creation of the municipal drainage system via Ordinances 2003-0034
and 2003-0038, the town makes no representation that all of the town
drainage problems will be immediately solved, and the town council
is given full discretion in establishing time and quantitative priorities
in expending funds as they become available to meet the drainage needs
of the town on a reasonable basis, nor will the passage of Ordinances
2003-0034 and 2003-0038 be construed to relieve private landowners,
developers and others from providing drainage improvements pursuant
to the subdivision control ordinance of the town, as well as any other
ordinance of the town and laws of this state which relate to drainage
or drainage improvements.
(c)
The town council may, by subsequent ordinance, adopt rules for the
operation and conduct of the municipal drainage system consistent
with its authority and state law.
(1998 Code, sec. 53.01)
The town municipal drainage utility system is herewith and hereby
established and declared to be a public utility. The town shall have
full authority to operate the municipal drainage utility system pursuant
to the authority given and contained under subchapter C of chapter
402, Tex. Loc. Gov’t Code. Subchapter C of chapter 402, Tex.
Loc. Gov’t Code, as now existing or as hereafter amended, is
herewith adopted.
(1998 Code, sec. 53.02)
Prior to levying any drainage charges for the funding of the
town municipal drainage utility system, the town council shall hold
a public hearing on such charges pursuant to state law.
(1998 Code, sec. 53.03)
The town council may change, adjust, and/or readjust the rates and charges as established in the fee schedule in appendix A of this code for drainage services from time to time.
(1998 Code, sec. 53.04)
The following properties are exempted from drainage charges:
(1)
Properties owned by the town and other governmental entities;
(2)
Properties owned by the McKinney and Lovejoy Independent School Districts;
(3)
Properties with proper construction and maintenance of a wholly sufficient
and privately owned drainage system;
(4)
Properties held and maintained in their natural state, until such
time that the property is developed; and
(5)
Any subdivided lot, until a structure has been built on the lot and
the town has approved a final inspection for the structure.
(1998 Code, sec. 53.05)
Except as may be otherwise provided herein, billing, penalties,
interest, and collection procedures shall be consistent with that
of the town’s water and sewer services. Drainage charges, when
billed through utility bills, shall be identified separately on such
bills. Delinquent charges shall be collected in a manner consistent
with section 402.050 of the Texas Local Government Code. All billings
shall be sent to the freehold landowner at any known address if same
be different from the utility billing.
(1998 Code, sec. 53.06)
An owner of nonresidential property may appeal once per year
the drainage charges by filing a written application with the town.
(1998 Code, sec. 53.07)
