(a) Purpose and creation. To protect public health and promote public safety from loss of life and property caused by stormwater overflows, stagnation, and pollution, a stormwater drainage utility is created, which shall be a public utility.
(b) Adoption of state law. The rules of Subchapter C, Chapter 552 of the Texas Local Government Code, as amended, which is adopted and incorporated into this article by reference, and any other provisions of this code relating to stormwater drainage shall govern the operation of the utility. Nothing in this section shall be construed to restrict the city council's ability to make other rules or policies governing the operation of the utility.
(c) Administration. The city manager shall designate a department to manage the stormwater drainage utility. The director of the designated department must be a person professionally competent
by experience and training to manage stormwater drainage operations. The director of the designated department shall perform such duties as required by:
(1) Subchapter C, Chapter 552 of the Texas Local Government Code, as amended;
(2) the city manager; or
(3) city council action. (Ord. Nos. 21059; 30215)
(a) Definitions.
(1) BENEFITTED PROPERTY has the meaning assigned in Section 552.044, Chapter 552, Texas Local Government Code, as amended.
(2) CITY TAX ROLLS means the current tax records of the appraisal district in which a particular property is located.
(4) DIRECTOR means the director of the department designated by the city manager to manage the stormwater drainage utility or the director's designee.
(5) DRAINAGE SYSTEM has the meaning assigned in Subchapter C, Chapter 552 of the Texas Local Government Code, as amended.
(6) IMPERVIOUS AREA means any surface that prevents or substantially impedes the natural infiltration of stormwater into the ground, and includes, but is not limited to, roads, parking areas, buildings, patios, sheds, driveways, sidewalks, and surfaces made of asphalt, concrete, and roofing materials.
(7) RESIDENTIAL-BENEFITTED PROPERTY means a benefitted property that contains one of the following structures: single family (including townhouse), duplex, or multifamily with four or fewer dwelling units, as those terms are defined in the Dallas Development Code, as amended.
(8) STORMWATER means rainfall runoff, snow or ice melt runoff, or surface runoff and drainage.
(b) Stormwater drainage utility rates.
(1) The stormwater drainage charge for residential-benefitted property per month is as follows:
IMPERVIOUS AREA (in square feet) | MONTHLY RATE |
up to 2,000 | $4.87 |
2,001 - 3,500 | $7.75 |
3,501 - 5,500 | $11.59 |
more than 5,500 | $18.96 |
(2) The stormwater drainage charge for all other benefitted properties not defined as residential-benefitted property is an amount equal to $2.62 per month for each 1,000 square feet, or parts thereof, of impervious area of the benefitted property, with a minimum charge of $7.49 per month for non-residential-benefitted property.
(3) If information regarding the impervious area square footage of a particular lot or tract of benefitted property is unavailable or inadequate, the director may make a reasonable estimate of impervious area square footage and levy the drainage charge on that basis.
(c) Exemptions. All of the real property that requires an exemption under Subchapter C, Chapter 552 of the Texas Local Government Code, as amended, as well as the real property owned by the following are exempt from the charges prescribed in this section:
(1) the city if used for municipal purposes;
(2) the State of Texas; and
(3) a public or private institution of higher education.
(d) Residential-benefitted property incentives.
(1) A customer of record may be eligible for an incentive in the form of a reduction to the customer of record's monthly rate as follows:
(A) the monthly rate for the customer of record's impervious area shall be charged at the next lower monthly rate; or
(B) if the customer of record's monthly rate is the lowest monthly rate, the customer of record shall be charged 60 percent of the lowest monthly rate.
(2) To be eligible, the:
(A) customer of record must use a pond, bioswale, cistern, gravel paving, or other stormwater storage method, as approved by the director;
(B) stormwater storage method must comply with federal, state, and local laws and regulations; and
(C) stormwater storage method must store more than 134 cubic feet or 1,000 gallons of stormwater.
(3) To apply for an incentive under this subsection, a customer of record must make application to the director, on a form approved by the director, and include the following: stormwater storage method used, amount of stormwater stored, zoning district in which the customer of record's residential-benefitted property is located, and any other information the director deems necessary.
(4) The director shall approve the incentive if the customer of record meets all of the eligibility criteria in Paragraph (2) of this subsection. If approved by the director, an incentive in the form of a reduction to the customer of record's monthly stormwater drainage charge will be effective on the next full billing cycle after approval.
(5) The director may periodically inspect and review approved incentives, and may invalidate an incentive if the customer of record no longer meets the eligibility criteria in Paragraph (2) of this subsection. If the incentive is invalidated, the director will send the customer of record a letter stating the basis of invalidation, and the monthly rate adjustment shall apply to the next full billing cycle after invalidation.
(e) Billing and collection procedures. Stormwater drainage charges will be billed and collected in accordance with the following procedures:
(1) The water utilities department shall bill the customer of record in the regular water and wastewater service bill or, if no water or wastewater service account exists, the true owner of record as shown in the current city tax rolls.
(2) In cases involving occupancy of a lot or tract by two or more tenants who are customers of record, the water utilities department may either prorate the charges on an equitable basis between all the customers of record or may instead bill the property owner for stormwater drainage service under a separate account. In addition, if a lot or tract of land receives water or wastewater service under two or more service accounts and the service accounts are all in the name of the same customer of record, the water utilities department may bill the entire drainage charge due through one service account.
(3) If more than one person is named in the current city tax rolls as the true owner of record of benefitted property, each person is jointly and severally liable for stormwater drainage charges on the property. The water utilities department may bill any or all of the joint owners through one service account.
(f) The water utilities department shall administer collection procedures and service accounts under this section.
(g) Except as otherwise provided in this section, the provisions of Sections 49-3, 49-7, 49-8, 49-12, 49-15, and 49-16 of this code, as amended, will govern in all matters regarding the application for stormwater drainage service, payment and collection of stormwater drainage charges, the liability of persons for charges, and the remedies of the city in the event of nonpayment. (Ord. Nos. 21060; 21429; 21823; 22207; 22563; 22665; 24411; 25384; 25754; 27353; 27695; 30215; 30653; 30993; 31332; 31657; 32003; 32310; )
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