GENERAL PROVISIONS

§ 52.001 FINDINGS.

   The City Council has found and hereby finds that:

   (A)   The city will establish a schedule of drainage charges against all real property in the city's service area subject to charges under Tex. Local Gov't Code Chapter 402, Subchapter C;

   (B)   The city will provide drainage for all real property in the city's service area on payment of drainage charges, except real property exempted under Tex. Local Gov't Code Chapter 402, Subchapter C; and

   (C)   The city will offer drainage service on nondiscriminatory, reasonable and equitable terms.

(Ord. 01-2004-02, passed 1-13-04)

§ 52.002 ESTABLISHMENT OF A MUNICIPAL DRAINAGE UTILITY SYSTEM.

   The provisions of Tex. Local Gov't Code Chapter 402, Subchapter C are hereby declared to be adopted and a municipal drainage utility system is hereby established by the authority of that subchapter and by the authority of the City Council.

(Ord. 01-2004-02, passed 1-13-04)

§ 52.003 PUBLIC UTILITY.

   The drainage of the city is declared to be a public utility. Existing facilities are incorporated in the drainage utility as permitted by Tex. Local Gov't Code § 402.046.

(Ord. 01-2004-02, passed 1-13-04)

§ 52.004 SERVICE AREA.

   The drainage utility service area is the area within the city limits, pursuant to Tex. Local Gov't Code § 402.044(8).

(Ord. 01-2004-02, passed 1-13-04)

§ 52.005 NO WAIVER OF IMMUNITY.

   This chapter 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 chapter does not waive the city's immunity under any law.

(Ord. 01-2004-02, passed 1-13-04)

CHARGES LEVIED AND IMPOSED

§ 52.020 FINDINGS.

   The City Council has found and hereby finds that:

   (A)   The amount of impervious cover on a benefitted property is directly related to the amount of drainage from that property;

   (B)   It is reasonable to assume an average impervious cover of 3,589 square feet as one Equivalent Residential Unit (ERU);

   (C)   The assessment of drainage charges in Cleburne is based upon an inventory of the lots and tracts within the service area of the city; and

   (D)   It is nondiscriminatory, equitable, and reasonable to classify benefitted properties in the city as residential, multi-family, or commercial.

(Ord. 01-2004-03, passed 1-13-04)

§ 52.021 DRAINAGE CHARGE ESTABLISHED.

   (A)   A drainage charge is established.

   (B)   The drainage charge shall be paid by the user of each benefitted property in the service area, as defined in Tex. Local Gov't Code § 402.044(1).

   (C)   The drainage charge is based on the average amount of impervious cover on the benefitted property.

(Ord. 01-2004-03, passed 1-13-04)