§ 12-20. Municipal stormwater utility system.

(a)

Adoption of Act. The Municipal Drainage Utility Systems Act, Chapter 402, Subchapter C, Texas Local Government Code, as amended, ("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.

(b)

Drainage service provided. 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 certain exempted real property, and that the fees, assessments, and charges will be based on nondiscriminatory, reasonable and equitable terms.

(c)

Billing for service. 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 stormwater utility system. The stormwater utility fee shall be separately identified from other public utility billings.

(d)

Authority to levy charges. The city may levy a schedule of drainage charges upon satisfaction of the procedural requirements provided in the Act and this section.

(e)

Exemption authorized. 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 stormwater utility system.

(f)

Fees.

(1)

The city will adopt a schedule of drainage fees after the passage of this section which will be collected through the city's bill for public utilities pursuant to the Act other applicable law.

(2)

The fees which will be established will apply to the accounts maintained by the city for utility services.

(3)

All billings, credits, exemptions and other procedures relating to these fees shall be subject to the provisions of the Act and other applicable law.

(g)

Appeals.

(1)

Billing and payment disputes for administrative issues shall be subject to appeals procedures used by the city for other utility billing disputes.

(2)

Appeals for the following reasons shall be directed to the stormwater utility director or his designee for evaluation and determination:

a.

Exempt property has been assessed a stormwater utility fee;

b.

Stormwater utility fee for an individual property is based on an incorrect determination of the property's contribution to the stormwater system, as established in the municipal stormwater utility fee schedule;

c.

Stormwater utility fee for an individual property is assessed on more than one utility account; or

d.

Stormwater utility fee is assessed to individual property outside the city's jurisdictional area.

(3)

The stormwater utility director or his designee shall render a written decision on such appeals within 30 days after receiving a written notice of appeal from the landowner.

(4)

Any landowner who disagrees with the decision of the stormwater utility director or his designee may appeal such decision to the city council. The decision of the city council shall be final.

(h)

Penalties.

(1)

Failure to pay the stormwater utility fee promptly when due shall subject such user to discontinuance of any utility services provided by the city, in accordance with all applicable laws.

(2)

The city shall not require a deposit for drainage charges as a precondition to accepting surface flow from benefited property into the city's drainage utility system. All real property of the city will be provided with drainage service on payment of drainage charges.

(i)

Municipal stormwater utility system fee schedule.

(1)

The following fees are hereby established and shall be collected through the city's bill for public utilities pursuant to the Act and other applicable law.

(2)

Impervious area.

a.

Rates shall be charged based on a property's contribution to the public stormwater utility system. The contribution shall be based on the impervious area for the property.

b.

The stormwater utility fee shall be established according to the following schedule on a monthly basis. The number of equivalent residential units on a non-single-family, non-exempt property shall be determined by the city engineer:

Property Type	Rate
Single-family residential	$5.65
All other non-exempt property	$5.65 per equivalent residential unit

 

c.

A minimum charge equivalent to $5.65 shall be applied to each non-exempt developed property, regardless of classification.

d.

A property shall be charged a stormwater utility fee on a maximum of one utility account, regardless of the number of utility accounts established for the property.

(3)

Exemptions. The following shall not be assessed a municipal stormwater utility system fee:

a.

Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city in which the property is located for maintenance.

b.

A subdivided lot, until a structure has been built on the lot and certificate of occupancy has been issued by the city.

c.

Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system.

d.

State property.

e.

Public or private institutions of higher education property.

f.

Property owned by a religious organization that is exempt from taxation pursuant to V.T.C.A. Tax Code, § 11.20, as amended.

(4)

The rates established above apply to the accounts maintained by the city for public utility services.

(5)

All billings, credits, exemptions and other procedures relating to this fee shall be subject to the provisions of the Act.

(Ord. No. 2478, § 2, 3-15-11; Ord. No. 2479, § 2, 3-15-11; Ord. No. 2710, § 2, 9-5-17 )