For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFITED PROPERTY
. An improved lot or tract to which a drainage service is made available under this subchapter.
BUILDING SQUARE FOOTAGE.
The total square footage of structures or improvements, as determined by the Bell County Central Appraisal District, that causes an impervious coverage of the soil under the structure or improvement.
COST OF SERVICE
as applied to a drainage system service to any benefited property means:
(1) The prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of-way, options to purchase land, easements and interests in land relating to structures, equipment and facilities used in draining the benefited property;
(2) The prorated cost of the acquisition, construction, repair and maintenance of structures, equipment and facilities used in draining the benefited property;
(3) The prorated cost of architectural, engineering, legal and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing or determining the feasibility and practicability of structures, equipment and facilities used in draining the benefited property;
(4) The prorated cost of all machinery, equipment, furniture and facilities necessary or incident to the provision and operation of draining the benefited property;
(5) The prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefited property;
(6) The prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued by the municipality; and
(7) The administrative costs of a drainage utility system.
DRAINAGE
. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect store, or treat the water, or divert the water into natural or artificial watercourses.
DRAINAGE CHARGE
.
(1) The levy imposed to recover the cost of the service of the municipality in furnishing drainage for any benefited property; and
(2) An amount made in contribution to funding of future drainage system construction by the city.
DRAINAGE SYSTEM
. Drainage owned or controlled in whole or in part by the city and dedicated to the service of benefited property, including provisions for additions to the system.
FACILITIES
. Property, either real, personal or mixed, that is used in providing drainage and included in the system.
IMPROVED LOT OR TRACT
. Lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement.
NON-RESIDENTIAL DEVELOPED PROPERTY
. Any improved lot or tract used for something other than residential use, including commercial, religious, industrial, institutional (including non-profit organizations) and governmental activities.
OTHER RESIDENTIAL PROPERTY.
Structures with more than one dwelling unit, and manufactured homes within manufactured home parks. A duplex shall equal two dwelling units, a triplex shall equal three dwelling units, a fourplex shall equal four dwelling units, a fiveplex shall equal five dwelling units, a sixplex shall equal six dwelling units, a sevenplex shall equal seven dwelling units, an eightplex shall equal eight dwelling units, and so on. Structures larger than a eightplex shall equal the number of dwelling units for that structure.
PUBLIC UTILITY
. Drainage service that is regularly provided by the city through municipal property dedicated to that service to the users of benefited property within the service area and that is based on:
(1) An established schedule of charges;
(2) The use of police power to implement the service; and
(3) Nondiscriminatory, reasonable, and equitable terms as declared under this subchapter.
SERVICE AREA
. Municipal boundaries of the city as they may be amended from time to time.
SINGLE-FAMILY RESIDENTIAL DWELLING UNIT
. The number of dwelling units contained within any property or used for single-family residential purposes. For purposes of this subchapter, a single family detached structure shall equal one dwelling unit.
SINGLE-FAMILY RESIDENTIAL PROPERTY
. Any improved lot or tract used for single-family residential purposes, such as single-family residences and manufactured homes not located in manufactured home parks.
TRACT
. One or more lots or portions of lots which are contiguous and under single ownership using one water meter.
USER
. The person or entity who owns or occupies a benefited property.
WHOLLY SUFFICIENT AND PRIVATELY OWNED DRAINAGE SYSTEM
. Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of the city's drainage utility system.
(Ord. 2002-16, passed 9-24-02)