Faulk Barchus is pleased to announce its success in a winning argument against the City of Houston Wednesday establishing jurisdiction that our clients are not "benefitted properties", and therefore do not have to pay the drainage fees and charges, under the recently enacted City of Houston Ordinance. The clients' properties drainage does not flow through City of Houston maintained drainage infrastructure, but rather to Harris County Flood Control District, Special Municipal Utility District, and Harris County owned and operated drainage, then through the bayous and ultimately drains into the Houston Ship Channel or Clear Lake and into the Gulf of Mexico. The City of Houston and its attorneys have already filed a notice of appeal.
Faulk Barchus attorneys maintained that the drainage fee is supposed to be relative to the City providing drainage service, and not a drainage tax. Therefore, if the City does not provide drainage services to your property, you should not have to pay a drainage fee.
The Attached Flowchart was created by Faulk Barchus attorneys as a visual aid in explaining the complex legal concepts involved.
Oil and Gas Law Blog
Brandon M. Barchus