§ 41-57. Schedule of drainage charges.

(a)

The director shall annually recommend a schedule of drainage charges and the city may adopt it in the budget and levy them against all real property lying within the City of Irving, Texas that is subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code.

(b)

All bills for drainage utility charges are due and must have been received before 5:00 p.m. on the date shown on the bill in the city customer service office. If not, the city shall assess a penalty set annually by the director and adopted in the budget. The due date is fifteen (15) days from the date bills were mailed, and is the date shown on the bill.

(c)

Unpaid bills:

(1)

The city will discontinue water service to any customer whose bill has an unpaid balance for water, drainage, sewer and/or garbage and is thirty (30) days or longer overdue. Unless a dangerous condition exists or the public health is threatened as determined by the director after notice to the city manager or unless the customer request disconnection, service shall not be discontinued on a day, or on a day immediately preceding a day when personnel of the city are not available to the public for the purpose of making collections and reconnecting service.

(2)

Service will be resumed to any person, firm, corporation, or customer whose service has been discontinued upon payment of the overdue bill, plus the assessed penalty, plus an additional amount to cover the cost of disconnecting and resuming service set annually by the director and adopted in the budget.

(d)

The rates and fees for municipal drainage utility services under this article shall be as follows:

(1)

Residential property:

a.

Single-family zoned property.

1.

Base flat rate fee.

(i)

Property zoned and developed for townhouse use under R-TH Townhouse, site plan, Planned Unit Development (PUD), Downtown Development (DD), or Transit Oriented Development (TOD) zoning for said use by Ordinance No. 1144 shall be charged three dollars ($3.00) per month per unit.

(ii)

Property zoned and developed for duplex use under R-3.5 Two-family, site plan, PUD, DD, or TOD zoning for said use by Ordinance No. 1144 shall be charged three dollars ($3.00) per month per unit.

(iii)

Property zoned and developed for single-family residential use under R-40, R-15, R-10, R-7.5, R-6, R-6A, R-PH, R-ZL, R-ZLa, R-SFA or site plan, PUD, DD, or TOD zoning for said use by Ordinance No. 1144 on a lot of less than five thousand (5,000) square feet shall be charged three dollars ($3.00) per month per unit.

(iv)

Property zoned and developed for manufactured home use under R-MH Manufactured Home, site plan, PUD, DD, or TOD zoning for said use under Ordinance No. 1144 shall be charged four dollars ($4.00) per month per manufactured home.

(v)

Property zoned and developed for single-family residential use under R-40, R-15, R-10, R-7.5, R-6, R-6A, R-PH, R-ZL, R-ZLa, R-SFA, or site plan, PUD, DD, or TOD zoning for said use by Ordinance No. 1144 on a lot of five thousand (5,000) square feet or more shall be charged four dollars ($4.00) per month per unit.

b.

Multifamily.

1.

Base flat rate fee per parcel for land zoned and developed for triplex and four-unit apartment house use under R-2.5 and R-XF, site plan, PUD, DD, or TOD zoning under Ordinance No. 1144 shall be charged ten dollars and forty-eight cents ($10.48) per month per complex.

2.

Property zoned and developed for multifamily uses under R-MF, R-MF-1, R-MF-2, R-MF-3, M-FW (used for multifamily purposes), site plan, PUD, DD, or TOD zoning for said uses under Ordinance No. 1144 or property zoned and developed multifamily under Ordinance No. 1144 and subject to a condominium regime shall be charged $0.012 per square foot of land per year; however, that part of the property held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance shall be exempt from these fees.

(2)

Commercial/industrial property: The fee for property zoned and developed for commercial or industrial uses under P-O, C-O, C-N, C-C, C-OU, C-OU-1, C-OU-2, C-OU-3, C-W, FWY, M-FW (not developed for multifamily uses), ML-20, ML-20a, ML-40, ML-120, M-H, IP-AR, C-P, R-AB, site plan, PUD, DD, or TOD zoning for said uses under Ordinance No. 1144 shall be as follows:

a.

Base flat rate fee for a parcel so zoned and developed one (1) to ten thousand (10,000) square feet in size shall be nine dollars ($9.00) per month.

b.

Base flat rate fee for a parcel so zoned and developed ten thousand one (10,001) to twenty thousand (20,000) square feet in size shall be eighteen dollars ($18.00) per month.

c.

Base flat rate fee for a parcel so zoned and developed twenty thousand one (20,001) to forty-five thousand (45,000) square feet in size shall be thirty-six dollars ($36.00) per month.

d.

Fee for parcels forty-five thousand (45,000) square feet in size or greater so zoned and developed shall be $0.012 per year per square foot; however, that part of a parcel held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance shall be exempt from these fees.

(3)

State property: State agencies and public institutions of higher education shall be exempt from this fee.

(e)

The city council may, by ordinance, adopt rules for the operation and conduct of the Irving municipal drainage utility system, including exemptions, if any, from the drainage charges levied in it, consistent with its authority and state law.

(Ord. No. 8140, § 1, 3-20-03; Ord. No. 8528, § 1, 9-22-05; Ord. No. 8555, § 1, 10-6-05; Ord. No. 8851, § 1, 9-20-07; Ord. No. 2008-8977, § 1, 10-16-2008)