§ 41-56. Established.

(a)

The city council finds it to be in the public interest to protect the public health and safety from loss of life and property caused by surface water overflows and surface water stagnation within the boundaries of the city and further finds that to protect such public interests:

(1)

The city will establish a schedule of drainage charges against all real property in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A.;

(2)

The city will provide drainage for all real property within the city on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law; and

(3)

The city will offer such drainage service on nondiscriminatory, reasonable and equitable terms.

(b)

The Irving municipal drainage utility system is hereby established and declared to be a public utility. The city shall have full authority to operate such municipal drainage utility system pursuant to the authority given and contained under Article XI, Section 5, of the Texas Constitution, the Irving City Charter, and Sections 402.041 et seq., of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A. Sections 402.041 et seq., of Subchapter C of Chapter 402 of the Local Government Code, V.T.C.A., as now existing or as amended are adopted.

(c)

The Irving City Council will, by ordinance, adopt rules for the operation and conduct of the Irving municipal drainage utility system, consistent with its authority and state law.

(d)

Prior to the levy of any drainage charges for the financing and funding of the Irving municipal drainage utility system, the Irving City Council shall hold a public hearing on such charges pursuant to state law.

(Ord. No. 8140, § 1, 3-20-03)