§ 52.023 MONTHLY DRAINAGE CHARGE.
   (A)   The following schedule of drainage charges is hereby established:
      (1)   Residential (0 - 0.5 acre) = $2.75 per month;
      (2)   Residential (0.5 - 1 acre) = $3.63 per month;
      (3)   Residential (over 1 acre) = $4.85 per month;
      (4)   Commercial (0 - 0.3 acre) = $3.19 per month;
      (5)   Commercial (0.3 - 0.5 acre) = $6.71 per month;
      (6)   Commercial (0.5 - 1 acre) = $15.00 per month;
      (7)   Commercial (1 - 3 acres) = $20.65 per month;
      (8)   Commercial (3 - 5 acres) = $47.13 per month;
      (9)   Commercial (over 5 acres) = $93.00 per month; and
      (10)   Multi-family units = $1.88 per unit per month.
   (B)   The drainage charges established by this section shall be billed to the user of the benefitted property along with the bill for other city-provided utility services afforded to the property. The drainage charges shall be identified separately on the bill as "Drainage Utility Charge."
   (C)   The city shall not require a deposit for drainage charges as a precondition to accepting surface flow into the city's drainage system. Delinquent drainage charges are subject to the same penalties and methods of collection as other utility charges for utility services provided by the city.
   (D)   The income of the drainage utility system shall be segregated and completely identifiable in the accounts of the city pursuant to Tex. Local Gov't Code § 402.049. The revenues produced by the drainage charges established by this chapter shall be applied to the funding of operating requirements, maintenance requirements, future system improvements and other capital costs, and the development and implementation of a storm water management program by the city.
   (E)   A user may apply to the City Manager or his or her designee for an adjustment in the user's drainage charge if:
      (1)   The user demonstrates that the drainage charge schedule, as applied to the user's benefitted property, does not fairly reflect the cost of service to the user's benefitted property;
      (2)   The user demonstrates that the category of developed use or another factor used in calculating the drainage charge for the user's benefitted property is unfair; or
      (3)   The user demonstrates that the user's drainage charge has been assessed in error.
   (F)   The City Manager or his or her designee shall adopt procedures to ensure that applications for adjustments of drainage charges will be processed and acted upon in a consistent and uniform manner, and may thereafter adjust the drainage charge of a user who applies for an adjustment under division (E) of this section and who meets the standards required therein.
(Ord. 01-2004-03, passed 1-13-04; Am. Ord. 05-2004-34, passed 5-25-04; Am. Ord. 09-2007-48, passed 9-11-07)