(A) Tex. Loc. Gov’t Code Ch. 552, Subch. C. Terms not otherwise defined herein shall be given the definitions contained in Tex. Loc. Gov’t Code Ch. 552, Subch. C.
(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFITTED PROPERTY. An improved lot or tract to which drainage service is made available under this subchapter.
CITY. The City of Sunset Valley, Texas.
COMMERCIAL PROPERTY. All improved properties within the city other than single-family residential property, including, but not limited to, commercial, industrial, institutional, government, multi-family, and religious organization land uses.
COST OF SERVICE. Costs for drainage system service to any benefitted property, which shall be the total of:
(a) 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 benefitted property;
(b) Prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property;
(c) Prorated cost or architectural, engineering, legal and related services, plant 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 benefitted property;
(d) Prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property;
(e) 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 benefitted property;
(f) 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 city; and
(g) Administrative costs of operating a drainage utility system.
DRAINAGE. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, water quality treatment 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 UTILITY CHARGE. The levy imposed to recover the cost of the service of the municipality in furnishing drainage for any benefitted property; and if specifically provided by the city by ordinance, an amount made in contribution to funding of future drainage system construction by the city.
DRAINAGE REVENUE BONDS. Any obligations issued to finance the costs facilities payable and secured by a lien on and pledge of drainage utility fees.
DRAINAGE SYSTEM. The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including any future additions, extensions, and improvements thereto and replacement thereof.
DRAINAGE UTILITY FEE. The drainage charge plus any interest and penalties paid on behalf of a benefitted property.
ERU (EQUIVALENT RESIDENTIAL UNIT). The unit of measure used to calculate the drainage utility fee for commercial property. The ERU is based upon the average horizontal impervious area for single-family property within the city adjusted to account for the higher percentage of impervious area coverage on commercial property.
FACILITIES. The real, personal, or mixed property that is used in providing drainage and included in the system.
IMPERVIOUS AREA or IMPERVIOUS SURFACE. A surface which has become compacted or covered with a layer of material so that it is highly resistant to infiltration by water. IMPERVIOUS AREAS include, but are not limited to, compacted soils, buildings, parking lots, pavement, and private ingress/egress driveways.
IMPROVED LOT OR TRACT. A 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.
PARCEL. One or more lots or portions of lots that are contiguous and under single ownership.
PUBLIC UTILITY. Drainage service that is regularly provided by the city through city property dedicated to that service to the users of benefitted property within the service area and that is based on:
(a) An established schedule of charges;
(b) Use of the police power to implement the service; and
(c) Nondiscriminatory, reasonable, and equitable terms consistent with the Act.
RESIDENTIAL PROPERTY. Any improved lot or tract with single-family, duplex, or mobile home land use.
SERVICE AREA. The municipal boundaries of the city and the portion of the extraterritorial jurisdiction tributary to the Drainage System as more particularly described in Appendix A.
SINGLE-FAMILY RESIDENTIAL PROPERTY. All improved single-family, duplex and mobile home land use properties.
THE ACT. Tex. Loc. Gov’t Code Ch. 552, Subch. C.
USER or CUSTOMER. The person or entity that owns or occupies a benefitted property.
WHOLLY SUFFICIENT AND PRIVATELY OWNED DRAINAGE SYSTEM. Drainage from an improved lot or tract which does not discharge into a creek, river, slough, culvert, or other channel that is part of the drainage system.
(Ord. 100921-A, passed 9-21-2010)