ADMINISTRATION OF DRAINAGE UTILITY

San Antonio City Code ch. 34, art. VII, div. 2

in effect

San Antonio City Code § 34-1111 Definitions.

Sec. 34-1111. - Definitions. Terms defined herein are specific to this article and shall not be construed as conflicting with similar terms in other parts of the City Code. Terms not otherwise defined herein shall be given the definitions contained in Chapter 552, Subchapter C of the Texas Local Government Code. The Act shall mean the Municipal Drainage Utility Systems Act, codified in the Texas Local Government Code, Title 13 (Water and Utilities), Chapter 552 (Municipal Utilities), Subchapter C (Municipal Drainage Utility Systems). Administrative charges shall mean miscellaneous fees, other than drainage utility charges, established by the city council to recover the actual cost associated with providing optional services to users. Assistant director shall mean the assistant director of the department overseeing the drainage utility. Benefitted property shall mean an improved lot or tract within the drainage service area to which drainage service is provided and that is subject to the assessment of drainage utility charges. Cost of service shall mean the costs of providing drainage service to all benefitted properties, which shall be the total of: (1) 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 properties; (2) Prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted properties; (3) Prorated cost of architectural, engineering, legal, and related services, plans 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 properties; (4) Prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted properties; (5) 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 properties; (6) 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; (7) Administrative costs of operating and maintaining the drainage utility; and (8) Other costs as appropriate that are incident or related to the provision and operation of draining the benefitted properties. Customer. See the definition of User. Department shall mean the city's transportation and capital improvements department. Director shall mean the director of the department. Drainage shall mean bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, water quality 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 shall mean the City of San Antonio Drainage Utility established by Ordinance No. 86711 adopted on September 25, 1997. Drainage utility charges shall mean the service fees imposed on users and set out in a rate schedule to recover the cost of the service of furnishing drainage service for all benefitted properties, including any interest and penalties; and amounts made in contribution to funding of future drainage system construction by the city. Drainage system shall mean all real and personal property owned or controlled in whole or in part by the city and dedicated to the drainage utility for the purpose of providing drainage service to benefitted properties, including any future additions, extensions, and improvements thereto and replacement thereof. Facilities shall mean the real, personal, or mixed property that is used in providing drainage service and included in the drainage system. Impervious area or impervious cover. See City of San Antonio Unified Development Code, Appendix A—Definitions and Rules of Interpretation (roads, parking areas, buildings, pools, patios, sheds, driveways, private sidewalks, and other impermeable construction covering the natural land surface). Improved lot or tract shall mean a lot or tract that has a structure or other improvement on it that causes an impervious area or surface. Non-residential properties shall mean all benefitted properties within the service area, other than residential properties. Owner shall mean the owner of record of benefitted property. Public utility shall mean drainage service that is provided by the drainage utility to the users of benefitted properties within the service area and that is based on: (1) An established schedule of rates; (2) Use of the police power to implement the service; and (3) Nondiscriminatory, reasonable, and equitable terms consistent with the Act. Residential properties shall mean all benefitted properties within the service area used for single-family home, duplex, triplex, quadplex properties, or mobile home land use. Service area shall mean the city limits of the City of San Antonio, Texas as may be amended from time-to-time. User or customer shall mean the person or entity that owns or occupies a benefitted property and who is responsible for paying the drainage utility charges. Wholly sufficient and privately owned drainage system shall mean on-site drainage retention facilities designed to keep runoff from an improved lot or tract from discharging into any natural or manmade waterway or drainage infrastructure including public streets, storm drains, culverts, drainage easements, or storm water ponds that are part of the drainage system; for storms of magnitude up to and including the one-percent-annual chance (100-year) storm event, 24-hour duration, captured runoff must be removed from the retention system within seventy-two (72) hours of the rainfall event without discharging into the drainage system. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15; Ord. No. 2016-09-29-0737, § 2, 9-26-16)

San Antonio City Code § 34-1112 Drainage utility fund.

Sec. 34-1112. - Drainage utility fund. A separate fund has been created, known as the storm water operating fund, for the purpose of segregating, identifying, and controlling all revenues and expenses attributable to the drainage utility. All drainage utility charges shall be deposited as collected and received into this fund and shall be used exclusively for drainage cost of service. Such utility revenues may be used for the operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration, debt issuance cost and debt service, and other reasonable and customary expenses associated with the operation of a utility system. It shall not be necessary that the expenditures from the drainage utility fund for any authorized purpose specifically relate to or benefit any particular benefited property from which the revenues were collected. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

San Antonio City Code § 34-1113 Administration of drainage utility.

Sec. 34-1113. - Administration of drainage utility. The director or his designee shall be responsible for the administration and operation of the drainage utility, including, but not limited to, recommending regulations and procedures necessary for the administration of the drainage utility charges which shall be authorized by the city council, the resolution of challenges to the assessment of impervious area to benefitted property, the resolution of billing disputes, the development and implementation of maintenance and facility improvement programs, the provision of appropriate utility training to personnel, and the implementation of a state and federal regulatory compliance program. The director shall keep an accurate record of all benefitted properties to which services and facilities of the drainage utility are made available. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

San Antonio City Code § 34-1114 Drainage utility charges.

Sec. 34-1114. - Drainage utility charges. (a) The drainage utility charge is hereby imposed upon each benefitted property within the service area. Drainage utility charges shall become effective on January 1, 2016. Thereafter, drainage utility charges shall be billed to benefitted properties on a monthly basis for the duration of the drainage utility. (b) For purposes of imposing drainage utility charges, all benefitted properties within the service area are classified into the following customer categories: (1) Residential properties, and (2) Non-residential properties. (c) The impervious area value shall be determined by conducting an inventory of all improved lots in the service area and identifying the impervious area for each improved lot. The impervious area value shall be used in establishing drainage utility charges for residential properties based on the amount of impervious area identified in the rate tiers in subsection (d), and for non-residential properties based on the methodology described in subsection (e). The director or his designee shall be responsible for determining the impervious area of benefitted property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining impervious area. The director may require additional information from the owner, user, tenant, manager or developer to make the determination. The assessment of impervious area to benefitted properties may be revised by the director based on the addition of structures or improvements to properties identified through the city's building permit process. (d) Residential properties shall be assigned a rate category and assessed a drainage utility charge based on impervious area as provided in the following table: Residential Rate Category | Impervious Area in Square Feet | Monthly Fee Tier 1 | ≤ 2,750 | $3.75 Tier 2 | > 2,750—4,220 | $4.94 Tier 3 | > 4,220 | $10.45 (e) Non-residential properties shall be assigned a rate category and assessed a drainage utility charge determined by a base fee and impervious fee in accordance with the values provided in subsections (e)(1) and (2): (1) Base fee shall mean a flat monthly fee assessed among all non-residential benefitted properties as determined by Bexar County Appraisal District property records. The FY 2020 amount is calculated at sixty-seven dollars and thirty cents ($67.30). (2) Impervious fee shall mean a monthly fee assessed on all non-residential benefit- ted properties on a per square foot basis and prorated based on the percentage of impervious area within the benefitted property. Non-Residential Rate Category | Percent Impervious Area | Monthly Fee per 1,000 Square Feet Tier 1 | ≤ 20% | $0.31 Tier 2 | > 20%—40% | $0.45 Tier 3 | > 40%—65% | $0.58 Tier 4 | > 65% | $0.73 (f) The city council may adjust the value and rate tiers in subsections (d) and (e) at any time based upon the recommendation of the director that the cost of service for the drainage utility warrants an adjustment in rates. (g) No drainage utility charge credit shall be given for the installation of drainage facilities required by the City Code or state law. However, a credit of up to thirty (30) percent off the impervious fee portion of the monthly drainage utility charges shall be available to customers of non-residential properties that voluntarily implement low impact development water quality management practices in compliance with technical criteria adopted by the city. (h) Pervious pavements and other pervious surfaces in compliance with technical criteria adopted by the city shall not be included in the impervious area calculation. Rail ballast areas shall be considered as thirty (30) percent impervious based on industry standard runoff coefficients. Linear railroad track right-of-way systems outside of railroad yards intended to convey storm water throughout the drainage utility area and that provide drainage service to benefitted properties shall not be included in the impervious area calculation. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15; Ord. No. 2016-09-29-0737, § 3, 9-26-16; Ord. No. 2017-09-14-0656, § 2(Att. C), 9-14-17; Ord. No. 2018-09-13-0713, § 1(Att. H.2), 9-13-18; Ord. No. 2019-09-12-0694A, § 1(Att. N), 9-12-19)

San Antonio City Code § 34-1115 Billing, payments, and penalties.

Sec. 34-1115. - Billing, payments, and penalties. (a) Billing statements for the drainage utility charges shall be rendered by the city for all benefitted properties within the drainage service area. Bills shall be payable when rendered and shall be considered received by the customer, whether actually received or not, when deposited in the United States mail, postage prepaid, addressed to the customer. Bills shall be rendered monthly for the previous month's service. (b) The director shall establish the "impervious area" for each benefitted property in the drainage utility's service area based on the methodology and database of benefitted properties produced by the drainage utility fee comprehensive study and make appropriate updates to maintain the integrity of the database. (c) The director shall determine the appropriate storm water drainage charges for each benefitted property based on the impervious area assessment. (d) The director shall assume that each drainage utility account in the service area serves one or more users of a benefitted property, and shall assess the monthly drainage utility charge to the person responsible for payment of the drainage utility account. The director shall calculate the drainage utility charges for all users. If there is more than one user of a non-residential property, then the drainage utility charges shall be assessed to the owner of the non-residential property, unless instructed by the owner of the non-residential property, in writing, to bill users on a prorated basis. (e) Bills are due and payable on the date specified thereon and if full payment is not made by the date specified, the bill shall become delinquent. (f) The director shall continue the relation with SAWS as billing agent, and/or engage other service providers as appropriate, to ensure all benefitted properties within the drainage utility service area are billed for storm water drainage charges. Drainage utility charges shall be billed by SAWS, or other designated billing agents, following their standard billing processes, and may be subjected to penalties, interest, and other terms. (g) Any charge due hereunder which is not paid when due will subject the user to discontinuance of all utility services provided by the city and may be recovered in an action at law or in equity by the city including fixture of a lien against the property, as allowed by law. (h) The city shall have access, at all reasonable times, to any benefited property served by the drainage utility for necessary inspection, repair of infrastructure or enforcement of this article. (i) The storm water drainage charges for school district benefitted properties within the drainage utility's service area shall remain at current rates for the period starting at 12:01 a.m. on January 1, 2016 and ending at 11:59 p.m. on December 31, 2020. This is consistent with Resolution No. 2015-04-02-0021R, passed by the city council on April 2, 2015. (j) The director shall decide billing complaints that are not satisfactorily addressed under SAWS billing dispute procedures found in chapter 34, article I, divisions 3 to 7. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

San Antonio City Code § 34-1116 Appeal of impervious area assignment.

Sec. 34-1116. - Appeal of impervious area assignment. (a) A user may appeal the impervious area assigned to the user's benefitted property by submitting the request to the assistant director or his designee on a prescribed form. If the appeal results in a reassignment of impervious area to the benefitted property, the user will be entitled to a recalculation of drainage utility charges which may result in a rate adjustment. (b) The following procedures shall apply to all appeals of impervious area assignments: (1) The user shall have the burden of proof. (2) The director shall develop a prescribed form for users to appeal the amount of impervious area assigned to a benefitted property. The appeal shall be submitted to the assistant director or his designee following the procedure outlined below. (3) Any appeal of impervious area assignment shall be in writing and set forth in detail the grounds upon which relief is sought. (4) Appeals of impervious area assignments will be reviewed by the assistant director or his designee within twenty (20) business days from the date of receipt on the prescribed form. Following the twenty (20) day review period, the assistant director may request additional information necessary to make a determination as prescribed in subsection (b)(6). Any adjustment to drainage utility charges resulting from such an appeal shall be prospective, but may be made retroactive for no more than three (3) billing periods prior to the receipt of the appeal. (5) The user requesting a reassignment of impervious area may be required, at the user's cost, to provide supplemental information to the assistant director, including, but not limited to, survey data certified by a Texas Registered Professional Land Surveyor (R.P.L.S.), design data certified by a Registered Professional Engineer (P.E.) licensed to practice in the State of Texas, or other documentation of impervious area. Failure to provide requested information may result in the denial of the appeal. (6) The assistant director's resolution of the appeal shall be provided to the user, in writing, within ten (10) business days following review of the initial request as described in subsection (b)(4). If the user is successful in the appeal, the assistant director shall order the reassignment of impervious area to the benefitted property consistent with the resolution of the appeal. The assistant director shall also order the recalculation of drainage utility charges which may result in a rate adjustment. If the recalculation results in a rate adjustment it will be granted effective the next billing period. (c) If the assistant director denies the request to reassign impervious area to the benefitted property, the user may, within ten (10) business days from the date of notification, appeal the decision to the director. The appeal shall be in writing, contain a succinct and clear statement of the user's argument and suggested remedy, and be filed with the director's office. The director shall have fifteen (15) business days from the date the appeal is received to review the appeal, make a determination, and notify the user. (d) Before imposing a lien for delinquent drainage utility charges, the city shall send notice to the owner of the benefitted property stating the amount of the charges owed, and of the owner's right to appeal the placement of the lien by producing evidence the delinquent charges are not rightfully owed, by providing such within ten (10) business days from the date of notification to the director. The director shall not file the lien if the owner shows that the drainage utility charge made the basis of the lien is not owed. When a person pays all of the charges, a lien filed pursuant to this article, shall be released. The paying party shall be responsible for the filing costs of the release. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

San Antonio City Code § 34-1117 Credit application.

Sec. 34-1117. - Credit application. (a) A user of a non-residential benefited property may submit a request for credit as identified in subsections 34-1114(g) and (h) to the assistant director. (b) A user of a non-residential benefited property may submit a request for credit if the user controls multiple contiguous parcels and can prove single ownership, purpose, and use, and the user has been assessed individual base fees as described in subsection 34-1114(e)(1) for each of the properties. (c) The following procedures shall apply to all credit applications: (1) The user shall have the burden of proof. (2) The director shall develop a prescribed form for users to apply for credit to a non-residential benefitted property. The application shall be submitted to the assistant director or his designee following the procedure outlined below. (3) Any credit application shall be in writing and set forth in detail the grounds upon which relief is sought. (4) Credit requests will be reviewed by the assistant director or his designee within twenty (20) business days from the date of receipt on the prescribed form. Following the twenty (20) day review period, the assistant director may request additional information necessary to make a determination as prescribed in subsection (c)(6). Any adjustment to drainage utility charges resulting from the credit request shall be prospective. (5) The user requesting credit may be required, at the user's cost, to provide supplemental information to the assistant director, including, but not limited to, survey data certified by a Texas Registered Professional Land Surveyor (R.P.L.S.), design data certified by a Registered Professional Engineer (P.E.) licensed to practice in the State of Texas, or other documentation to supplement the credit request. Failure to provide requested information may result in the denial of the request. (6) The assistant director's resolution of the credit request shall be provided to the user, in writing, within ten (10) business days following review of the initial request as described in subsection (c)(4). If the user is successful in the credit request, the assistant director shall order the recalculation of drainage utility charges which may result in a rate adjustment. If the recalculation results in a rate adjustment it will be granted effective the next billing period. (d) If the assistant director denies the credit request to the benefitted property, the user may, within ten (10) business days from the date of notification, appeal the decision to the director. The appeal shall be in writing, contain a succinct and clear statement of the user's argument and suggested remedy, and be filed with the director's office. The director shall have fifteen (15) business days from the date the appeal is received to review the appeal, make a determination, and notify the user. (e) As part of the credit application, the user must commit in a written agreement to provide long-term maintenance of any credited system in accordance with a user prepared operations and maintenance plan, which will be on file with the city. Annual inspection and certification of the credited system shall be required by the user and made available to the city. Failure to adequately maintain the system will result in the removal of the credit amount. Credit applications must be renewed with property ownership changes. (Ord. No. 2015-09-10-0761, § 7(Exh. D), 9-10-15)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTVIIDRUT_DIV2ADDRUTFetched: 10/27/2026