[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Benefitted property
means a single family residential unit, multifamily residential unit, mobile home residential unit, recreation vehicle residential unit, and commercial units within the city limits and defined as follows:
(1) 
Single-family residential unit
means a building containing not more than one dwelling unit on one or more lots.
(2) 
Duplexes, triplexes, and quadruplexes, condominiums
mean single-family dwelling units constructed in such a manner that the units share a common wall or lot line with another unit. Each dwelling in a duplexes, triplexes, quadruplexes, or condominiums shall be considered a single-family residential unit.
(3) 
Mobile homes not in an approved mobile home park shall be considered a single-family residential unit.
(4) 
Multifamily residential unit
means single-family dwelling in an apartment complex, mobile home park or recreational vehicle park.
(5) 
Apartments
means one or more buildings constructed on a single parcel of property where each building contains at least five living units.
(6) 
Mobile home or recreational vehicle park
means a parcel of property zoned under provisions of the applicable city or county zoning regulations whose allowed and recognized use is the business of renting spaces or lots upon which mobile homes are placed and occupied as single-family dwellings and shall include any associated and allowed laundry and recreational and common facilities incidental thereto.
(7) 
Commercial unit
means the following enumerated commercial or industrial businesses, churches, public or private schools, public and charitable entities are defined as commercial units whether they are situated in one or more tract parcels or buildings:
a. 
All retail, wholesale and industrial business establishments.
b. 
Professional business and servicing businesses.
c. 
Hotels, motels, inns, roominghouses and boardinghouses, whether private, public or quasi-public.
d. 
Hospitals, public, private, charitable or otherwise.
e. 
Fraternal organizations, public or private clubs associations or organizations, whether for profit or nonprofit.
Street maintenance fee
shall mean the fee that is established by this article which is assessed against, and collected from owners or occupants of benefitted property within city limits for the purpose of inspection, maintenance, repair, improvement, and reconstruction of the street system and costs incidental thereto.
Street improvement program (SIP)
means the street improvement program, as amended from time to time, funded by the street maintenance fee.
Street system
shall mean the structures, traffic controls, streets and other facilities in the public right-of-way, such as bridges, sidewalks, wheelchair ramps, alleys, storm sewer drainage system appurtenances and other facilities which are dedicated to the use of motor vehicles, transit, bicycles and pedestrians; the maintenance and repair of those facilities; and the inspection of such maintenance and repair under the street improvement program.
Utility customer
shall mean the holder of a city utility account or the person, firm, partnership, joint venture, association, corporation, governmental entity or other entity responsible for the payment of the street maintenance fee.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
(a) 
The city commission hereby establishes a street maintenance fee to be paid by benefitted customers within the city limits. Such street maintenance fee shall be set in amounts which will provide sufficient funds to properly maintain the street system.
(b) 
From and after the effective date of this article each single family residential unit shall be charged $4.50 per month; multi-family residential units shall be charged $2.50 per dwelling unit, and each commercial unit shall be charged $8.50 per month. Fee will be assessed on a per unit basis.
(c) 
A reduced fee equivalent to that of a multi-family residential account ($2.50 per month) is hereby established for single-family residential accounts that have been identified as having a water consumption of no more than 1,000 gallons during the previous month.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
(a) 
Collection of the street maintenance fee against each benefitted property shall be made by a monthly charge and where applicable be added to the utility customer's utility bill for such property and shall be due upon receipt.
(b) 
Street fee-only account. The city manager or his designee shall create an account in the city's billing system for any benefitted property for which no utility account exists. The street maintenance fee will be assessed to the street fee-only accounts according to land use.
(c) 
Any street maintenance fee due hereunder which is not paid when due may be recovered in action at law by the city. In addition to any other remedies or penalties provided by this article or the Code of Ordinances, City of Harlingen, Texas, failure of any utility customer to pay the street maintenance fee promptly when due shall subject such utility customer to the discontinuance of utility services provided by the city.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
(a) 
All street maintenance fees shall be deposited in the infrastructure fund. It shall not be necessary for the expenditures from the infrastructure fund to specifically relate to any particular property from which the street maintenance fees were collected.
(b) 
An annual report of the infrastructure fund and the street maintenance fee program will be provided to the city commission.
(c) 
Every year the public works director shall provide city commission a report on the progress of the street improvement program (SIP) and publish an updated three-year map of street candidates to be considered for the street improvement program.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
The city manager or designee shall be responsible for the administration of this article. The city manager or designee shall be responsible for developing rules, regulations and procedures for the administration of fees and the consideration of petitions for modification and appeals pertaining to the fees charged hereunder; developing maintenance programs; establishing a street improvement program criteria and standards for the operation and maintenance of the street system.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
(a) 
The street maintenance fee shall not be used for the general governmental purposes of the city.
(b) 
The street maintenance fee shall be used solely to pay for the costs of inspection, maintenance, repair, improvement, and reconstruction of the street system.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
The city reserves the right to exempt properties from provisions of this article through city commission action.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
This article takes effect immediately upon its passage of the ordinance from which it derives and continues for ten years after June 1, 2017. The article ceases to have effect on June 1, 2027, unless the city commission takes further action to extend the ordinance.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
This article does not create additional duties on the part of the city. This article does not waive the city's immunity under any law.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)
The city commission will periodically review the street maintenance fees and rates and adjust fees accordingly.
(Ordinance 2017-13, § I(Exh. A), adopted 4/5/2017)