MUNICIPAL DRAINAGE UTILITY SYSTEM

Fort Worth City Code ch. 12.5, art. III, div. 4

in effect

Fort Worth City Code § 12.5-336 DEFINITIONS.

§ 12.5-336 DEFINITIONS. For the purposes of this Division 4, the following definitions shall apply. ACT. Tex. Local Government Code Chapter 552, Subchapter C. BENEFITTED PROPERTY. A developed parcel to which stormwater service is made available. CUSTOMER/OWNER. The person(s) or entity(ies) that is recorded as the customer or user of utility services for a parcel as recorded in the records of the city’s utility or tax billing system. DEVELOPED PROPERTY. A lot or tract that has been improved with impervious surface. DIRECTOR. The director of transportation and public works or the designated representative. DRAINAGE INFRASTRUCTURE. The property, real, personal or mixed, that is used in providing stormwater capabilities and capacity to manage and control stormwater runoff for the drainage utility system, including bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, retention 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 FEE. The charge, including interest and penalties paid by the customer/owner of a benefitted property for services provided by the drainage utility system including, but not limited to, the items described in “cost-of-service” in § 402.044(2) of the Act and any charges for future funding of the drainage utility system construction as described in § 402.044(4). DRAINAGE UTILITY SYSTEM. The drainage utility system owned or controlled, in whole or in part by the city, including the city’s existing stormwater and drainage facilities, materials and supplies, and dedicated to the service of benefitted properties, and including provision for additions, extensions and improvements thereto and replacements thereof. DRAINAGE UTILITY ONLY ACCOUNT. A utility billing account that is established for the sole purpose of billing applicable drainage utility fees where no other utility services are provided through the city. EQUIVALENT RESIDENTIAL UNIT or ERU. Two thousand six hundred square feet of impervious area or surface. HIGH OCCUPANCY RESIDENTIAL/ NON-RESIDENTIAL PROPERTY. All developed properties within the city that do not fall under the definition of Low Occupancy Residential Property, generally consisting of commercial, industrial, institutional, and apartment type land uses. IMPERVIOUS AREA or IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. IMPERVIOUS AREAS include, but are not limited to, compacted soils with a surface treatment, buildings, pavement, parking lots, driveways, sidewalks and other human-made structure or surface that is built or laid on the natural surface of the land which has the effect of increasing, concentrating, or otherwise altering stormwater runoff so that flows are increased. LOW OCCUPANCY RESIDENTIAL PROPERTY. Any property platted, zoned or used for one-family or two-family residential purposes including manufactured homes, or any triplex or quadplex used for residential purposes. PARCEL. One or more lots or tracts, or portions of lots or tracts. STORMWATER RUNOFF POTENTIAL. Relative potential for causing stormwater runoff quantities or velocities from a parcel based on the type of development on the parcel. WHOLLY SUFFICIENT AND PRIVATELY OWNED DRAINAGE SYSTEM. Land and facilities owned and operated by a person or entity other than the city’s drainage utility system, the stormwater from which does not discharge under any storm frequency event or conditions into a creek, river, slough, culvert or other channel or facility that is part of the city’s drainage utility system. (Ord. 16782, § 1, passed 1-24-2006; Ord. 23884-10-2019, § 1, passed 10-15-2019, eff. 1-1-2020; Ord. 26205-06-2023, § 1, passed 6-13-2023)

Fort Worth City Code § 12.5-337 FINDINGS; ADOPTION OF STATE LAW.

§ 12.5-337 FINDINGS; ADOPTION OF STATE LAW. (a) The city council finds, as required by Tex. Local Government Code § 552.046, Adoption of System; Rules that the city shall: (1) Establish a schedule of drainage charges against all real property in the proposed service area subject to charges; (2) Provide drainage service for all real property in the proposed area upon payment of drainage charges (except real property that is exempt from such charges); and (3) Offer drainage service on nondiscriminatory, reasonable and equitable terms. (b) Tex. Local Government Code Chapter 552, Municipal Utilities, Subchapter C, Municipal Drainage Utility Systems, is adopted, and this Division 4 shall be administered in accordance with its provisions. (c) The drainage utility system of the city is declared to be a public utility. Existing facilities are incorporated in the drainage utility as permitted by Tex. Local Government Code § 552.046, Incorporation of Existing Facilities. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-338 SERVICE AREA.

§ 12.5-338 SERVICE AREA. The drainage utility service area is the area of land located within the city limits of the City of Fort Worth except as provided by § 12.5-346 of this Division 4. Upon the effective dates of completed annexation of additional lands into the City of Fort Worth, each such annexed additional land shall become part of the service area. Land annexed for limited purposes shall become part of the service area upon annexation for full purposes. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-339 ESTABLISHMENT OF A DRAINAGE UTILITY FEE.

§ 12.5-339 ESTABLISHMENT OF A DRAINAGE UTILITY FEE. (a) A drainage utility fee is hereby established. (b) The drainage utility fee shall be paid by the user of each benefitted property in the service area. (c) The drainage utility fee is based on: (1) The developed use of the benefitted property; and (2) The measured or estimated amount of impervious area or surface on the benefitted property. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-340 CATEGORIES OF DRAINAGE UTILITY RATES.

§ 12.5-340 CATEGORIES OF DRAINAGE UTILITY RATES. (a) The city council finds that impervious cover increases runoff and associated pollutants. For the purposes of calculating the drainage utility fee, an ERU shall be the established standard billing unit. One ERU shall be billed at $7.29 per month. Each benefitted property shall be categorized as one of the following: (1) Low occupancy residential property. A low occupancy residential property shall be placed in one of four billing tiers based on residential square footage, identified below, with building permits or the most recent appraisal district data used as a means of estimating the total amount of impervious area on the property. The median single family residential parcel in Fort Worth has been determined to have approximately 2,600 square feet of impervious area or surface or one ERU. (2) High occupancy residential/non-residential property. Fees for high occupancy residential/non-residential properties shall be based on the total estimated impervious area on each parcel, with building permit information, aerial photography, or actual measurement used as a means of estimating the total amount of impervious area on the property, divided by 2,600 square feet to determine the number of ERUs or billing units. (b) The city council finds that it is equitable to assess the drainage utility fee to each low occupancy residential property user on the basis of four low occupancy residential property billing tiers and such rates are hereby established. Billing Tier | Billing Unit - Equivalent Residential Units (ERU) | Billing Basis | Proposed Monthly Rate, Effective January 1, 2026 Tier 1 | 0.5 ERU | Up to 1,300 square feet | $3.65 Tier 2 | 1.0 ERU | 1,300 to 2,475 square feet | $7.29 Tier 3 | 1.5 ERU | 2,476 to 3,394 square feet | $10.94 Tier 4 | 2.0 ERU | 3,395+ square feet and above | $14.58 (c) The city council finds that it is equitable to assess the drainage utility fee to each high occupancy residential/non-residential property on the basis of the number of ERU’s in a parcel, which shall be obtained by dividing the estimated impervious area or surface by 2,600 square feet. The calculated number of ERU’s will be rounded to the nearest whole integer other than zero, to determine the monthly fee. (d) The city council finds it equitable to provide for funding of future construction of the drainage utility system through a contribution from the drainage utility fee. (e) The city council may review the schedule of rates at any time and may, by ordinance, increase or decrease said rates within the schedule, upon a reasonable determination that said increase or decrease is warranted. (Ord. 16782, § 1, passed 1-24-2006; Ord. 16843, § 1, passed 3-7-2006; Ord. 17742, § 1, passed 9-4-2007; Ord. 18381-12-2008, § 1, passed 12-2-2008; Ord. 18819-09-2009, § 1, passed 9-15-2009; Ord. 19908-09-2011, § 1, passed 9-20-2011, eff. 1-1-2012; Ord. 23884-10-2019, § 2, passed 10-15-2019, eff. 1-1-2020; Ord. 26205-06-2023, § 2, passed 6-13-2023; Ord. 26452-09-2023, § 1, passed 9-19-2023, eff. 10-1-2023; Ord. 26561-10-2023, § 1, passed 10-31-23, eff. 1-1-2024; Ord. 28003-09-2025, § 1, passed 9-16-2025, eff. 1-1-2026)

Fort Worth City Code § 12.5-341 BILLING FOR DRAINAGE UTILITY FEE.

§ 12.5-341 BILLING FOR DRAINAGE UTILITY FEE. (a) The drainage utility fee shall be shown as a separate listing on the monthly water utility bill from the city. (b) The drainage utility fee will be charged to the customer/owner currently established as the responsible party for city’s water utility service. (c) Where the city does not bill water, sewer or solid waste to a customer/owner, the city is hereby authorized to establish a “drainage utility only account” and to bill the drainage utility fee to either the customer/owner. (d) Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In accordance with Tex. Local Government Code Chapter 552.050, failure of a user of the drainage utility system to pay the charges promptly when due shall subject such user to any remedy or penalty provided by law or in this section, including discontinuance of any utility services provided by the city and placement of a lien against the property. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-342 DRAINAGE UTILITY FUND.

§ 12.5-342 DRAINAGE UTILITY FUND. (a) A drainage utility fund is created. (b) The drainage utility fund shall be administered in accordance with Tex. Local Government Code § 552.049, Segregation of Income. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-343 ADMINISTRATION; RULES.

§ 12.5-343 ADMINISTRATION; RULES. (a) The director shall administer this Division 4. (b) The director shall promulgate rules necessary to administer this Division 4. (c) The director may take into consideration those high occupancy residential/non-residential properties on which stormwater runoff management techniques are being used and may grant credits on their monthly billings for such techniques. (Ord. 16782, § 1, passed 1-24-2006; Ord. 26205-06-2023, § 3, passed 6-13-2023)

Fort Worth City Code § 12.5-344 APPEAL.

§ 12.5-344 APPEAL. (a) Subject to the restrictions set forth in this section, any customer/owner who believes the calculation or determination of the drainage utility fee assessed against them to be incorrect may appeal the fees to the director; and the director shall evaluate the appeal based on the methodologies for calculating the drainage utility fee set forth in this Division 4. (b) The appeal shall be in writing and set forth, in detail, the relief sought, the grounds upon which relief is sought and whether the petitioner requests a hearing on its appeal. (c) The appeal shall be filed with such director within 15 business days of the customer/owner receiving the billing statement from the city. The billing statement shall be deemed received five days after it is placed in a mail receptacle of the United States postal service. (d) Failure to submit a timely written appeal for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews on such billing statement. (e) The customer/owner requesting an adjustment may be required, at the customer/owner’s cost, to provide supplemental information to the director, including but not limited to survey data approved by a Texas licensed professional land surveyor, engineering reports approved by a Texas licensed professional engineer, or other documentation the director deems necessary. Failure to provide requested information in a timely manner may result in the denial of the adjustment request. (f) Within a reasonable time of the submittal of an appeal, the director shall either grant the petition and modify the drainage utility fee assessed; deny the petition if no adjustment is warranted; or a hearing is deemed necessary by the director, set a hearing on the petition for appeal. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-345 HEARINGS.

§ 12.5-345 HEARINGS. (a) If a hearing is deemed necessary by the director, then the director shall set a hearing to determine if an adjustment should be made to the drainage utility fee assessed to the customer/owner. (b) Written notice of the hearing shall be served on the petitioner at least 15 days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested. (c) Notice shall specify the date, time and place of the hearing. (d) Notice shall be deemed received five days after it is placed in a mail receptacle of the United States postal service. (e) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing. (f) Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the drainage utility fee is not applicable, that the petitioner’s property is exempt from the charge, that the drainage utility fee was calculated incorrectly or that the determination of the value of the drainage utility fee was not calculated according to the applicable drainage utility fee schedule or the guidelines established in this Division 4. (g) The director shall act as the hearing officer. (h) After the conclusion of the hearing, the director shall make written findings and shall issue a written decision without undue delay. (i) The decision of the director shall be final. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-346 EXEMPTIONS.

§ 12.5-346 EXEMPTIONS. The following entities or persons shall be exempt from this Division 4: (a) Any property to which a mandatory exemption under Tex. Local Government Code Chapter 552.053 applies, including without limitation: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the city; (2) 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; and (3) A subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has issued, or the municipality has taken another official action to release the property for occupancy. (b) Any property to which a mandatory exemption under Tex. Local Government Code Chapter 580.003 applies, including without limitation: (1) A state agency; and (2) A public institution of higher education. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-347 NO WAIVER OF IMMUNITY.

§ 12.5-347 NO WAIVER OF IMMUNITY. This Division 4 does not warrant, guarantee or provide any assurance that a benefitted property will be free from flooding or erosion, and does not create additional duties on the part of the city. This Division 4 does not waive the city’s immunity under any law. (Ord. 16782, § 1, passed 1-24-2006)

Fort Worth City Code § 12.5-348 ACCESS TO STORMWATER DRAINAGE INFRASTRUCTURE; HOURS OF OPERATION.

§ 12.5-348 ACCESS TO STORMWATER DRAINAGE INFRASTRUCTURE; HOURS OF OPERATION. (a) Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to enter or remain in any portion of city owned drainage infrastructure unless such drainage infrastructure has been designated by the director of the department of transportation and public works as open to the public. The director of the department of transportation and public works shall have the authority to designate city-owned drainage infrastructure as open to the public and to determine the hours during which any such drainage infrastructure shall be open to the public. Unless otherwise posted by the director of the department of transportation and public works, any city-owned drainage infrastructure which has been designated as open to the public shall be open to the public from dawn until dusk. (b) Absent the express permission of the director of the department of transportation and public works, it shall be unlawful for any person to wade, swim, boat, or fish in any city owned drainage infrastructure at any time. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed $500. (Ord. 23722-08-2019, § 1, passed 8-13-2019, eff. 8-22-2019)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-14278Fetched: 10/26/2026