§ 12-108. Municipal utility drainage system.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Act means the Municipal Drainage Utility Systems Act, V.T.C.A., Local Government Code ch. 552, subch. C. (V.T.C.A., Local Government Code § 552.041 et seq.)

(b)

Establishment.

(1)

The stormwater drainage of the city is hereby found to be a public utility within the meaning of the Act and is hereby established as a municipal drainage utility system.

(2)

The city will provide drainage and stormwater management within its boundaries which is established as a single service area of the system, upon payment of the determined drainage charges, as defined in the Act, and excluding certain exempted real property; and, the fees, assessments, and charges will be based on nondiscriminatory, reasonable, and equitable terms.

(3)

Existing drainage facilities, materials and supplies of the city are hereby incorporated into the stormwater utility system.

(4)

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 utility drainage system.

(c)

Municipal drainage utility fees.

(1)

Assessment; collection. There shall be assessed a monthly fee in an amount calculated in accordance with this section for the municipal drainage utility system as established by resolution of the city council. The fee shall be assessed to one utility account for each eligible developed property. The city manager is authorized to collect such fees in a manner consistent with this chapter, the City Charter and state law. The stormwater utility fee will be a separate line item on the utility statement and shall be clearly identified as a separate fee.

(2)

Schedule of municipal drainage utility fees.

a.

The fees established in this section are based on the calculation of the inventory of lots and tracts within the service area, having taken into consideration the size and impervious area on the benefited property. Based thereon, the city shall fix the following rates:

Residential unit.

Each residential single-family unit, town home, duplex, or manufactured home, as follows:

Fiscal year 2017/2018: $2.50 per month for each account;

Fiscal year 2018/2019: $3.00 per month for each account;

Fiscal year 2019/2020: $3.50 per month for each account; and

Fiscal year 2020/2021 and fiscal years thereafter: $4.00 per month for each account.

b.

There is here by established an equivalency unit (hereinafter "ERU") for non-residential property which is based on the stormwater discharge from an average impervious area of 3,406 square feet per single-family residential unit, which is as follows:

Nonresidential unit.

Each multifamily or nonresidential unit, as follows:

Fiscal year 2017/2018: $2.75 per ERU per month for each account;

Fiscal year 2018/2019: $3.50 per ERU per month for each account;

Fiscal year 2019/2020: $4.25 per ERU per month for each account; and

Fiscal year 2020/2021 and fiscal years thereafter: $5.00 per ERU per month for each account.

An ERU is an equivalent residential unit and is equal to the stormwater discharge from 3,406 square feet of impervious area.

(3)

Procedures. Except as otherwise provided by this article, billing, fees, and collection procedures shall be consistent and due with that of the water and sewer services.

(4)

Billing generally. Municipal drainage utility fees shall be identified separately on the utility billing. Billing shall be consistent with V.T.C.A., Local Government Code § 552.048.

(5)

Delinquent fee. A delinquent fee in an amount established by resolution of the city council may be assessed before the close of business on the due date as specified on the bill and shall be collected in a manner consistent with V.T.C.A, Local Government Code § 552.050.

(6)

Rules. From time to time the city manager or his designee(s) shall adopt rules for the administration of the municipal drainage utility fee subject to council approval. These rules shall include a process for the appeal of the stormwater fee as it is applied to an individual property.

(Ord. No. 04-1571, § 1(12-108), 8-16-2004; Ord. No. 05-1616, § 2, 9-19-2005; Ord. No. 08-1758, § 1, 5-5-2008; Ord. No. 2018-2330 , § 2, 8-21-2018)