[1]
Editor's note–Former article 13.600 pertaining to municipal drainage utility system and deriving from 1995 Code of Ordinances, Chapter 11, Article 11.600, Sections 11.601–11.606, was repealed by Ordinance 2417-24 adopted 11/5/2024.
(a) 
The Council finds that notice has been given, and hearings held as required by Section 552.045(c) (Adoption of System; Rules) of the Texas Local Government Code.
(b) 
The Council makes the findings required by Section 552.045(b) (Adoption of System; Rules) of the Texas Local Government Code.
(c) 
Chapter 552 (Municipal Utilities), Subchapter C (Municipal Drainage Utility Systems), of the Texas Local Government Code is adopted, and this article shall be administered in accordance with its provisions.
(d) 
The drainage of the City is declared to be a public utility. Existing facilities are incorporated in the drainage utility as permitted by Section 552.046 (Incorporation of Existing Facilities) of the Texas Local Government Code.
(Ordinance 2417-24 adopted 11/5/2024)
The city will provide drainage services for all real property within its boundaries upon payment of the determined drainage charges, as defined in the Act, and excluding certain exempt real property, and that the service, fees, assessments, and charges will be based on nondiscriminatory, reasonable, and equitable terms. The drainage fees established herein shall be for all nonexempt benefited property as defined in the Act within the city's drainage system. Benefitted property is defined as a developed parcel to which drainage services are made available.
(Ordinance 2417-24 adopted 11/5/2024)
(a) 
The city is hereby authorized to bill the drainage charges incurred as a result of the adoption of the Act and the establishment of the municipal drainage utility system thereunder, with its other public utility billings. A drainage fee is imposed upon each developed lot and parcel with impervious area improvements within the city to provide funding for drainage services and facilities provided by the city. The drainage charge shall be separately identified from other public utility billings. The city shall only expend drainage fee revenues to provide drainage services and improvements as defined by the Act.
(b) 
As further provided in article 23.000, municipal drainage utility system fee, the drainage charge shall be based on:
(1) 
The developed use of the benefitted property; and
(2) 
The measured or estimated amount of impervious area or surface on the benefitted property.
(c) 
For purposes of imposing the drainage fee, all benefited property as provided under this article is categorized as "residential property" or "non-residential property." Non-residential property includes any property that is not described as residential property in the City Code of Ordinances.
(Ordinance 2417-24 adopted 11/5/2024)
The Development Services Director ("Director"), or designee, shall administer this article, including, but not limited to, enacting any procedures necessary for the administration of the drainage utility fee.
(Ordinance 2417-24 adopted 11/5/2024)
The city is authorized to exempt certain 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 fees established herein other than the exemptions required by the Act shall be set forth in the municipal drainage utility systems fee schedule.
(Ordinance 2417-24 adopted 11/5/2024)
(a) 
The rates as provided for in the fee schedule found in the appendix of this code are hereby established and shall be collected through the city's bill for public utilities pursuant to Chapter 552 (Municipal Utilities), Subchapter C (Municipal Drainage Utility Systems), of the Texas Local Government Code, and other applicable law.
(b) 
The city council shall, following the adoption of this article, from time to time establish by ordinance a drainage utility system fee schedule for fees 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 for each non-exempt property on a monthly public utility statement for the city drainage system as set forth in the drainage fee schedule. The city manager, or designee, is authorized to collect such fees in a manner consistent with the city charter, the Act and this article. The drainage fees 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, fees and collection procedures shall be consistent with city collection procedures for public utility services provided by the city.
(c) 
The drainage fees established pursuant to this article will apply to the accounts maintained by the city for public utility services.
(d) 
All billings, credits, exemptions and other procedures relating to drainage fees established pursuant to this article shall be subject to the provisions of the Act and other applicable law.
(e) 
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 fees established herein.
(Ordinance 2417-24 adopted 11/5/2024)
(a) 
Billing and payment disputes for administrative issues relating to the drainage fees shall be subject to appeals procedures used by the city for public utility billing disputes. A person or entity that owns or occupies a benefited property may appeal the drainage fees established herein pursuant to this procedure set forth in this section.
(b) 
Appeals shall be directed to the "director" for evaluation and determination. An appeal shall be in writing and submitted within thirty (30) days after the public utility billing statement containing the matter to be disputed. The burden of proof shall be on the appellant. During all periods of appeal, the person or entity that owns or occupies the benefited property and/or the account holder shall be responsible for payment of the fees in full.
(c) 
The "director" 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 that owns or occupies the benefited property and/or the account holder. The "director" shall deliver a copy of the appeal decision to the person or entity that 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.
(d) 
Any person or entity who owns or occupies the benefited property and/or the account holder who disagrees with the decision of the "director" may appeal such decision to the city manager in writing within ten (10) days after receipt of the decision of the "director." The burden of proof shall be on the appellant. The decision of the city manager shall render a written decision within thirty (30) days after receipt of a timely appeal. The decision of the city manager shall be final.
(Ordinance 2417-24 adopted 11/5/2024)
Failure to pay the drainage fees 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. Any drainage charges 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 drainage services may request an inspection to determine impervious area if initiated by the benefitted property through an appeal, submission of a building permit, or other request to the city. A change in impervious area may result in a change of the drainage utility fee charge.
(Ordinance 2417-24 adopted 11/5/2024)
This article does not imply that a benefitted property will be free from flooding or erosion, and does not create additional duties on the part of the city. This article does not waive the city's immunity under any law.
(Ordinance 2417-24 adopted 11/5/2024)