Sec. 34-1101. - Declaring the drainage of the city to be a public utility.

City council hereby adopts Texas Local Government Code Chapter 402 Subchapter C (entitled "Municipal Drainage Utility Systems"); declares the drainage of the city to be a public utility, to be known as the City of San Antonio Drainage Utility; and dedicates to the drainage utility all city owned property, real and personal, facilities, materials and supplies constituting the city's drainage system as constituted on the effective date of this division and as may be acquired in the future, to be used for the purpose of the drainage utility.

(Ord. No. 86711, § 1, 9-25-97)

Sec. 34-1102. - Establishment and revision to drainage utility service area.

(a)

Pursuant to the authority granted by Texas Local Government Code § 402.044(8)(B) the drainage service area includes all land within the municipal boundaries and unincorporated extraterritorial jurisdiction of the city.

(b)

The drainage utility district area may be extended by future city council action to the extent and in a manner authorized by state law.

(Ord. No. 86711, § 1, 9-25-97)

Sec. 34-1103. - Establishment and revision of drainage charges.

The city council hereby establishes drainage charges to be paid by users of benefitted property in the service area of the drainage utility. The determination of the schedule of drainage charges is deemed nondiscriminatory, reasonable and equitable to provide regional detention and retention ponds, watershed protection, land purchase, waterway enlargement, channelization, improved conveyance structures and administration of the drainage utility. The schedule of authorized drainage charges is as follows:

(a)

Stormwater development fee. The stormwater development fee is a one time drainage charge assessed against developers who elect to have their property served by the drainage utility pursuant to section 35-4029(e) of this Code.

(1)

The stormwater development fee shall be determined by acreage and property use according to the following schedule:

One-family (unattached) and two-family (duplex) developments: $1,200.00 per acre or $750.00 per lot, whichever is less

Residential development—Other than one-family and two-family: $1,600.00 per acre

Nonresidential (less than 65 percent impervious cover): $2,600.00 per acre

Nonresidential (65 percent or more impervious cover): $3,000.00 per acre

(2)

The stormwater development fee shall not be assessed against drainage easements or rights of usage (if either is in a pervious condition) or permanent detention facilities.

(3)

As part of the drainage report, required in section 35-4029(1) of this Code, the developer shall provide notice of intent to be served by the drainage utility district by filing a participation form as provided in Chapter 35, Exhibit B of this Code.

(b)

Stormwater drainage service fee. The stormwater drainage service fee shall be billed and collected as prescribed in section 34-235 of this Code.

(Ord. No. 86711, § 1, 9-25-97)

Secs. 34-1104—34-1110. - Reserved.

Sec. 34-1111. - Drainage utility fund.

(a)

A separate fund shall be created, effective as of the effective date of this chapter, known as the drainage utility fund, for the purpose of identifying and controlling all revenues and expenses attributable to the drainage utility. All drainage charges collected by the city, except the stormwater drainage service fee, after the effective date of this chapter, and other monies city council may wish to designate for this fund, shall be deposited in the drainage utility fund. Such utility revenues shall be used for the purposes of administration, studies, engineering, construction, reconstruction and other reasonable and customary charges associated with the operation of the drainage utility. The stormwater drainage service fee shall be deposited as prescribed in section 34-235 of this Code.

(b)

Stormwater development fees shall be used specifically for the regional storm water management program as authorized in section 35-4029(e) of this Code. These funds shall be recorded and accounted for in a manner that insures that said funds are expended solely for expenses accrued by the regional stormwater management program. The balance of funds on deposit in the account at the end of any fiscal year shall remain in the account and not be absorbed into the general fund.

(Ord. No. 86711, § 1, 9-25-97)

Secs. 34-1112—34-1115. - Reserved.

Sec. 34-1116. - Administration; rules and regulations.

(a)

The director of the department of public works shall be responsible for the administration of this division. The director shall develop necessary rules, regulations and procedures necessary for the administration of the chapter including a methodology for considering variances.

(b)

The director of public works shall develop a procedure to provide for appeals of drainage charge disputes. The procedure shall provide for a prompt hearing before and decision by the director.

(c)

The decision of the director may be appealed to city council. Any appeal to city council shall be in writing and received within fifteen (15) days after the date of the director's decision. The city clerk shall upon receipt place the appeal on the next available city council agenda.

(Ord. No. 86711, § 1, 9-25-97)

Secs. 34-1117—34-1140. - Reserved.