The Municipal Drainage Utility Systems Act, Texas 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 2025-1016A(1) adopted 10/16/2025)
Except as otherwise defined below, the definitions in the Act shall apply.
Equivalent Residential Unit (ERU)
means the typical amount of impervious area for a residential property in Wilmer.
Impervious area
means surfaces that do not provide stormwater significant opportunity for infiltration into the soil and result in increased stormwater runoff to the municipal storm sewer system.
(Ordinance 2025-1016A(1) adopted 10/16/2025)
The City will provide stormwater drainage for all benefitted 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 benefitted property exempted pursuant to this article, 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 non-exempt benefitted property as defined in the Act within the City drainage system.
(Ordinance 2025-1016A(1) adopted 10/16/2025)
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. Drainage charges may only be expended for the costs of service as defined by the Act.
(Ordinance 2025-1016A(1) adopted 10/16/2025)
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:
(1) 
The City will establish a schedule of drainage charges against all benefitted property in the proposed area which includes the entire City subject to the charges under the Act;
(2) 
The City will provide drainage for all benefitted property in the proposed service area on payment of the drainage charges, except benefitted property exempt under the Act; and
(3) 
The City will offer drainage service on nondiscriminatory, reasonable, and equitable terms.
(Ordinance 2025-1016A(1) adopted 10/16/2025)
The City is authorized to exempt certain property from drainage charges in accordance with 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 2025-1016A(1) adopted 10/16/2025)
(a) 
The City Council shall, following the adoption of this Article, from time to time establish by ordinance a drainage charge schedule 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 City Charter, 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 water and sewer services provided by the City.
(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 benefitted property into the City drainage utility system shall not be required. All benefitted property of the City will be provided with drainage utility system service on timely payment of drainage charges established herein.
(Ordinance 2025-1016A(1) adopted 10/16/2025)
(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 shall be directed to the Public Works Director for evaluation and determination. An appeal shall be in writing and submitted to the Public Works Director within thirty (30) days after the public utility billing statement containing the matter to be disputed. During all periods of appeal, the person or entity that owns or occupies the benefitted property and/or the account holder shall be responsible for payment of the charges in full.
(c) 
The Public Works 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 benefitted property and/or the account holder. The Public Works Director shall deliver a copy of the appeal decision to the person or entity that 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) 
Any person or entity who owns or occupies the benefitted property and/or the account holder who disagrees with the decision of the Public Works Director may appeal such decision to the City Manager in writing within ten (10) days after receipt of the decision of the Public Works Director. 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 2025-1016A(1) adopted 10/16/2025)
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 2025-1016A(1) adopted 10/16/2025)
The drainage utility fee set forth in this division 2 is adopted pursuant to article 13.09 and shall be collected through the City's bill for public utilities pursuant to the Act, division 1 of this article, and other applicable law.
(Ordinance 2025-1016A(2) adopted 10/16/2025)
(a) 
Drainage utility fees shall be charged based on a property's contribution to the public drainage utility system. The contribution shall be based on the impervious area for the property.
(b) 
The drainage utility fee, payable monthly, shall be established with respect to all property according to the following schedule:
Property Type
Monthly Drainage Utility Fee
Single-family residential
$7.50
All other non-exempt property
$7.50 per whole ERU*
*ERU (Equivalent Residential Unit) = 3,100 square feet impervious area
(c) 
A minimum charge of one ERU shall be applied to each non-exempt non-single family residential developed property, regardless of classification.
(Ordinance 2025-1016A(2) adopted 10/16/2025)
The following property shall not be assessed a drainage utility fee, as required by Texas Local Government Code, section 552.053 and Texas Local Government Code, section 580.003:
(1) 
Property held and maintained in its natural state, until such time that the property is developed and all the public infrastructure constructed has been accepted by the City in which the property is located for maintenance;
(2) 
A subdivided lot, until a structure has been built on the lot and a Certificate of Occupancy has been issued by the City;
(3) 
Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;
(4) 
State property; and
(5) 
Public or private institutions of higher education property.
(Ordinance 2025-1016A(2) adopted 10/16/2025)