§ 110-398. Billing, deposits and expenditures.

(a)

The city will bill for drainage services on the monthly utility bill along with water, sewer and solid waste services, as may be applicable. In the event the property has no associated utility bill, the city may place the charge on an adjacent property under the same ownership, or may establish a separate utility account. If the occupant of the property is not also the owner of the property, the owner of the property shall be responsible to the city for payment of any SDUS fee due and owing on the property not paid by the occupant.

(b)

There will be no separate deposit required for initial service. A deposit will be required following any discontinuance for delinquent payment.

(c)

In the case of a delinquent payment of the monthly utility bill, which includes the drainage charge, pursuant to Texas Local Government Code § 552.050, the city manager is hereby authorized to discontinue service of all city utilities for nonpayment, even if the amount in dispute is the drainage charge component of the monthly utility bill. The city manager is also authorized to employ other remedies at law to recover any charge not paid when due.

(d)

The income of the SDUS fee shall be segregated and completely identifiable in the city accounts. The moneys received from surface water drainage utility system charges shall be used only for purposes that are directly or indirectly related to the surface water drainage utility system. These uses may include, by way of example and not limitation, any of the following items that are necessary or incident to the provision and operation of draining the benefitted property:

(1)

Study of entire watersheds, subwatersheds or individual projects;

(2)

Design, engineering, construction and maintenance of watershed improvements in existing or potentially high or rapid growth areas including NRCS dams;

(3)

Design, engineering, construction and maintenance of watershed improvements in areas where the costs of such improvements deprive an area of economic benefit;

(4)

Study and resolution of erosion issues now existing, anticipated or appearing in the future;

(5)

Design, engineering, construction and maintenance of watershed improvements in areas that will open up new drainage basins for development;

(6)

Acquisition of staff, equipment, software and hardware, etc., necessary to implement the above; and

(7)

Payment of any expenditure attributable to unfunded or partially funded state or federal mandates related to stormwater.

(e)

Moneys received from the lake drainage basin component of the charge shall be used only for purposes that are directly related to the surface water drainage utility system of the applicable drainage basin.

(f)

All billings, credits, exemptions and other procedures relating to these fees shall be subject to the provisions of the Municipal Drainage Utility Systems Act, Texas Local Government Code §§ 552.041, et seq., and other applicable law.

(Code 1982, § 31-215; Ord. No. 2002-03-017, § 2, 3-5-2002; Ord. No. 2015-04-030, § 7, 4-7-2015)