§ 11-13-2. Establishment of drainage utility; service area; exemptions; dedication of assets.

(A)

The provisions of Texas Local Government Code, Chapter 552, Subchapter C are hereby adopted to create a Drainage Utility for the City of Midland. Accordingly, Drainage of the City of Midland is hereby declared to be a public utility.

(B)

The service area for the drainage utility shall include all real property within the city limits of the City of Midland as now existing and all which may be annexed hereafter.

(C)

Pursuant to Texas Local Government Code Sections 552.053 and 580.003, the following property and entities shall be exempt from the provisions of this Chapter:

(1)

Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;

(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;

(3)

A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the City;

(4)

Property owned by a religious organization that is exempt from taxation pursuant to Texas Tax Code Section 11.20;

(5)

The State of Texas;

(6)

A county;

(7)

A municipality;

(8)

A school district;

(9)

A state agency; and

(10)

A public or private institution of higher education.

(D)

The City incorporates into the Drainage Utility all existing property, facilities, materials, and supplies constituting the City's Drainage System on the effective date of this Article. All future acquisitions by the City of real or personal property used in the City's drainage system shall be maintained as part of the drainage utility.

( Ord. No. 9752 , § 1, 4-10-2018)