§ 98-473. Municipal drainage utility system charges.
(a)
Fee. The following schedule of drainage charges is hereby levied against all real property lying within the city:
(1)
Residential property.
Number of Single-Family Living Unit Equivalents Monthly Charge 1 $3.00 (2)
Nonresidential property.
Number of Single-Family Living Unit Equivalents Monthly Charge 5 and under $ 7.54 6 to 10 22.63 11 to 15 37.76 16 to 20 52.85 21 to 25 67.94 26 to 30 83.07 31 to 35 98.16 36 to 40 113.25 41 to 45 128.38 46 to 50 143.47 51 to 60 166.15 61 to 70 196.32 71 to 80 226.54 81 to 90 256.76 91 to 100 286.94 101 to 150 377.56 151 to 250 604.10 251 to 300 825.00 301 to 350 975.00 351 to 400 1,125.00 401 to 450 1,275.00 Over 450 2,550.00 (b)
Exemptions. The following are exempt from the payment of the municipal drainage utility system charges:
(1)
A state agency, a public institution of higher education, and the city;
(2)
Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;
(3)
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 for maintenance; and
(4)
A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city.
The determination of whether a person or property is exempt from this article shall be made by the director of health.
(c)
Billings and collection. All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of V.T.C.A., Local Government Code, § 402.041 et seq., and shall specifically include the following:
(1)
There shall be a charge on each monthly utility statement for the municipal drainage utility system pursuant to this article and as authorized herein. The director of health is authorized to collect such charges in a manner consistent with state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge.
(2)
Except as otherwise provided herein, billing, charges, penalties and collection procedures shall be consistent with that of the water and sewer services. Water and/or sewer services may be disconnected for failure to pay any or all of the drainage system utility charges.
(3)
The director may, from time to time, adopt rules for the administration of the drainage charge.
(d)
Appeals.
(1)
The following matters may be appealed to the construction board of adjustments and appeals:
a.
Residential property billing can be appealed when the owner can offer proof that the property is unimproved and therefore not subject to the municipal drainage utility fee.
b.
Nonresidential property billing can be appealed when the owner can offer proof that an error was made with regard to the category of land development, that the land is unimproved, or the amount of imperviousness of the land development.
The construction board of adjustments and appeals shall render a written decision on such appeals within a reasonable period of time after receiving a written notice of appeal from the landowner.
(2)
Decisions to terminate any customer's water and/or sewer service may be appealed in accordance with subsection 98-62(i)(5).
(e)
Remedies. Violations of this article, including failure to pay, are declared to be civil in nature, which may be enjoined by civil proceedings in state court, remedied as allowed by Subchapter C of Chapter 402 of V.T.C.A., Local Government Code, including termination of water and/or wastewater services in accordance with subsection 98-62(i) of this Code.
(Ord. No. 9671, § 1, 11-13-03; Ord. No. 9905, § 1, 10-14-04; Ord. No. 11,127, § 5, 6-11-09; Ord. No. 11,647, § 1, 5-26-11; Ord. No. 12,986 , § 6, 10-8-15; Ord. No. 13,437 , § 1, 4-13-17)