The Municipal Drainage Utility Systems Act, V.T.C.A., Local Government Code chapter 552, subchapter C, 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 824-20 adopted 2/23/21)
The city will provide stormwater drainage for all real property within its boundaries upon payment of the determined drainage charges, as defined in the Act, and excluding property exempt under the Act and certain exempted real property by the city, and that the fees, assessments, and charges will be based on nondiscriminatory, reasonable, and equitable terms. The drainage charges established herein shall be for all nonexempt benefitted property as defined in the Act within the city drainage system.
(Ordinance 824-20 adopted 2/23/21)
The city is hereby authorized to bill the drainage charges 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. Revenues generated through the drainage charges authorized herein shall be classified as committed resources according to the city financial policies, as amended. Drainage charges may only be expended for the costs of service as defined by the Act.
(Ordinance 824-20 adopted 2/23/21)
The city may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act and this article. Prior to the levy of any drainage charges, the city council shall conduct a public hearing on the drainage charges pursuant to the Act. Prior to adoption of this article the city council found and determined that: The city will establish a schedule of drainage charges against all real property in the proposed area which includes the entire city subject to the charges under the Act; the city will provide drainage for all real property in the proposed service area on payment of the drainage charges, except real property exempt under the Act and this article; and the city will offer drainage service on nondiscriminatory, reasonable, and equitable terms.
(Ordinance 824-20 adopted 2/23/21)
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 charges established herein other than the exemptions required by the Act shall be set forth in the drainage charge schedule.
(Ordinance 824-20 adopted 2/23/21)
(a) 
The city council shall, following the adoption of this article, establish a drainage charge schedule, by resolution of the city council, from time to time, for charges 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 charge schedule. The city manager, or designee, is authorized to collect such charges in a manner consistent with the Act and this article. The drainage charges 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, charges and collection procedures shall be consistent with city collection procedures for the water and sewer services.
(b) 
The drainage charges 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 charges 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 charges established herein.
(Ordinance 824-20 adopted 2/23/21)
(a) 
Billing and payment disputes for administrative issues relating to the drainage charges 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 benefitted property may appeal the drainage charges established herein pursuant to this procedure set forth in this section.
(b) 
Appeals for the following reasons shall be directed to the director of finance for evaluation and determination. An appeal shall be in writing and submitted to the director of finance within 30 days after the public utility billing statement containing the matter to be disputed. During all periods of appeal the person or entity who owns or occupies the benefitted property and/or the account holder shall be responsible for payment of the charges in full:
(1) 
Exempt property has been assessed a drainage charge;
(2) 
Drainage charge for an individual property is assessed on more than one public utility account; or
(3) 
Drainage charge is assessed to individual property outside the city’s jurisdictional area.
(c) 
The director of finance shall render a written decision on such appeals within 30 days after receiving a timely written notice of appeal from the person or entity who owns or occupies the benefitted property and/or the account holder. The director of finance shall deliver a copy of the appeal decision to the person or entity who owns or occupies the benefitted 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) 
Appeals for claims that the drainage charge for an individual property is based on an incorrect determination of the property’s contribution to the drainage utility system, as established in the city drainage charge schedule shall be directed to the city engineer for evaluation and determination. An appeal pursuant to this subsection (d) shall be in writing and submitted to the city engineer within 30 days after the public utility billing statement containing the matter to be disputed. The city engineer 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 who owns or occupies the benefitted property and/or the account holder. The city engineer shall deliver a copy of the appeal decision to the person or entity who 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. During all periods of appeal the person or entity who owns or occupies the benefitted property and/or the account holder shall be responsible for payment of the charges in full.
(e) 
Any person or entity who owns or occupies the benefitted property and/or the account holder who disagrees with the decision of the director of finance or the city engineer, as the case may be, may appeal such decision to the city manager in writing within ten days after receipt of the decision of the director of finance or the city engineer, as the case may be. The city manager shall render a written decision within 30 days after receipt of a timely appeal. The decision of the city manager shall be final. The city manager shall deliver a copy of the appeal decision to the person or entity who owns or occupies the benefitted 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.
(Ordinance 824-20 adopted 2/23/21)
(a) 
A property owner may petition to the city to reduce the drainage charge fee for an individual property to account for on-site stormwater management controls that reduce the property’s impact to the drainage utility system.
(b) 
The petition will be evaluated, and the fee adjustment decision determined by the city engineer. The city engineer’s evaluation and determination shall be based on nondiscriminatory, reasonable, and equitable terms and shall be based solely on stormwater-related factors.
(Ordinance 824-20 adopted 2/23/21)
Failure to pay the drainage charges 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 824-20 adopted 2/23/21)