§ 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)