(a) 
The City of Brownfield may extend water and sanitary sewer mains in the streets and alleys or easements within the city limits of the City of Brownfield in order to permit connections by persons desiring and seeking water service and sanitary sewer service. A charge which shall be known as the "pro rata" shall be made against each lot or tract of land, and the owner thereof, whose water or sewer service line shall be hereafter connected with any water main or sanitary sewer service main in the City of Brownfield, constructed or installed after the effective date of this article, and the charge shall be as set forth in the fee schedule in the appendix of this code.
(b) 
The front foot rates shall apply to property fronting on streets in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed one hundred forty (140) feet. Where lots or tracts have greater depth than one hundred forty (140) feet from the front street line, and are occupied, or are to be occupied, exclusively as dwelling places, then the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains to serve same, then the terms of this article shall govern. Where lots or tracts are irregular in size or shape, then pro rata charges shall be based upon equivalent rectangular lots or tracts using one front foot for each one hundred forty (140) square feet of area, or the pro rata charges provided herein on the average frontage of such tracts, whichever is least.
(c) 
Where lots or tracts are intended to be used for business, commercial or industrial purposes and have a depth greater than one hundred forty (140) feet from the front street line, then the pro rata herein provided shall be paid on the frontage on all streets which the property may abut, minus one hundred forty (140) feet frontage for each corner of the property abutting a street intersection. Should said property be re-subdivided whereby water main extensions are required to serve same, the terms of this article shall apply.
(d) 
Where water is to be used solely for firefighting purposes and the lines are not otherwise tapped for domestic, commercial or industrial uses, no pro rata charge will be required under this article.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-56; Ordinance adopting Code)
(a) 
Upon requests of the owner or his agent of a given lot or tract of land, for the purpose of this article known as the "applicant," accompanied by the payment of the pro rata due under this article, or the cost of the extension as provided in Section 13.409, the City of Brownfield shall extend, lay or construct all necessary sanitary sewer and water mains, including valves and hydrants a distance of one hundred (100) feet, plus the distance across the frontage necessary to provide service for which application has been made. Only one such one hundred (100) foot extension will be made for any applicant during any twelve (12) month period. The property owner to be served shall be required to pay the charges herein provided for, including the pro rata charge on his property and all intervening property. The owners of all intervening property served by the given main extension shall be required to pay the charges provided for herein at such time as their property is connected to the mains thus laid, and the pro rata monies so collected on the intervening property shall be refunded out of pro rata funds to the person making the original deposit refunds to be made of only that portion of the deposit in excess of the pro rata on property for which the extension was requested. Where an applicant for service secures an extension and service under this particular option the main extension, he shall pay the pro rata charges on all property owned by him and which is served by the extension requested. In applying the one hundred (100) foot rule, the required extension of main shall be figured in such manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary water and/or sewer service and for which the pro rata charges thereon have been paid or credited under the terms of this article.
(b) 
An exception to the above one hundred (100) foot rule shall be made where two (2) or more individual applicants; desire water and/or sewer and the nearest applicant is more than one hundred (100) feet from existing lines; the City of Brownfield will extend their mains upon payment of the charges due under this article provided there is one customer for every one hundred (100) feet of such free extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-57)
(a) 
A user classification is hereby established for all users of the municipal wastewater facilities as follows:
(1) 
Class A-1 Single Family Dwellings.
(2) 
Class A-2 Multi-Family Dwellings.
(3) 
Class B Commercial.
(4) 
Class A-1 shall include all single family residential users.
(5) 
Class A-2 shall include multi-family residential users such as duplexes, apartment houses, trailer courts or other multi-family residential type users.
(6) 
Class B shall include all commercial establishments such as hotels, motels, hospitals, schools and all governmental offices and buildings, and all other establishments with the exception of residential dwellings.
(b) 
For the furnishing of sewer service and sewer connections by the City of Brownfield, the said services shall be charged for by the City of Brownfield in accordance with the rates hereinafter established and set out in the fee schedule in the appendix of this code.
(1) 
Provided however that if any person, firm or corporation can demonstrate to the City of Brownfield that any part of the water used is not returned to the sewer system of the City of Brownfield, a reduction of the charge may be granted by the City of Brownfield in proportion to the amount of water not returned to the sewer system. The burden of proof of the percent that is not returned to the sewer system is hereby placed on the customer.
(2) 
Shall there be an establishment, business or commercial, not using City water, or using City water for only a portion of its total water use, then the sewer rates for such establishment in excess of the minimum monthly charge as set forth in the fee schedule in the appendix of this code.
(c) 
User Charge Schedules.
All users of municipal wastewater facilities shall be charged on a volume basis as the bio-chemical oxygen demand (BOD) suspended solids and other pollutant concentrations discharged are approximately equal for all classes of users. The charges shall be determined in accordance with the following formula:
Cu = Cb + Ct /Vt (Vu)
(Based on Model # 1, 40 CFR 35, Appendix B)
Symbols and Definitions:
Cu
=
A user's charge per unit of time.
Cb
=
A user's base minimum charge per unit of time for costs not associated with operations and maintenance of flow related units of wastewater facilities.
Ct
=
Total operation and maintenance (O & M) costs per unit of time of flow related units of wastewater facilities.
Vt
=
Total volume contribution from all users per unit of time (may include extraneous flows).
Vu
=
Volume contributions from a user per unit of time.
(d) 
Excessive Strength Charges.
For any user, when the BOD exceeds 300 mg/l, or the suspended solids exceed 300 mg/l, or when other pollutant concentrations exceed the range of concentrations of these pollutants in normal domestic sewage, a surcharge shall be added to the basic charge. This surcharge shall be added to the basic charge. This surcharge shall be calculated by the following formula:
Cs = [Bc (B) + Sc (S) + Pc (P)]Vu
(Based on Model No. 2, 40 CFR 35, Appendix B)
Symbols and Definitions:
Cs
=
A surcharge for wastewaters of excessive strength.
Bc
=
O & M cost for treatment of a unit of biochemical oxygen demand (BOD)
B
=
Concentration of BOD from a user above a base level.
Sc
=
O & M cost for treatment of a unit of suspended solids (SS)
S
=
Concentration of SS from a user above a base level.
Pc
=
O & M cost for treatment of a unit of any pollutant.
P
=
Concentration of any pollutant from a user above a base level.
Vu
=
Volume contribution from a user per unit of time.
The City may require pre-treatment of wastewater of excessive strength if it is determined that any pollutant contained in such wastewater will adversely affect the operation and maintenance of the wastewater collection system or treatment works.
(e) 
Review and Revision.
The User Charge Ordinance shall be reviewed annually regarding the wastewater contribution of users and user classes, the total cost of the operation and maintenance of the treatment works, and its approved user charge system. The charges for users of user classes shall be revised to accomplish the following:
(1) 
Maintain the proportionate distribution of operation and maintenance costs among user and user classes.
(2) 
Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works and the collection system and to pay all debt, service costs, billing and collection costs and sewer department overhead costs.
(3) 
Apply excess revenues collected from a class of users to the costs attributable to that class for the next year, and rates shall be adjusted accordingly.
(f) 
Toxic Pollutants Charges.
Each user that discharges any toxic pollutant which cause an increase in the cost of managing the effluent or the sludge of the treatment works shall pay for such increased costs.
(g) 
Notification.
Each user shall be notified at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
(h) 
Charges for Extraneous Flows.
The costs of operation and maintenance for all flows not directly attributable to users (such as infiltration/inflow) shall be distributed among users on the same basis as operation and maintenance charges.
(i) 
Records.
A record keeping system shall be established and maintained by the City to document compliance with federal regulations pertaining to the user charge ordinance.
(j) 
Billing.
Users will be billed on a monthly basis with payment past due sixteen (16) days after the date of billing. If the charges for sewer services are not paid within twenty six (26) days after they become due, the City of Brownfield shall refuse to furnish water or sewer service to the account. Whenever the amount past due and delinquent account is paid, a re-connection fee shall be charged as set forth in the fee schedule in the appendix of this code.
(k) 
Charges for Cutting Pavement.
In the event that it becomes necessary to cut the pavement of any street, alley or sidewalk in connection with the installation or repair of sewer service, there is established a minimum charge as set forth in the fee schedule in the appendix of this code for pavement cut or damaged. However, in no event shall the fee for repairing pavement be less than the actual cost to the City for such repairs. In the event the charge as set forth in the fee schedule in the appendix of this code is less than the City's actual cost, then the fee shall be increased to the City's actual cost of repairing the paving cut.
(l) 
Validity.
All ordinances or parts of ordinances in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts. The user charge system shall take precedence over any terms or conditions of agreements or contracts between the City of Brownfield and any of the users which are inconsistent with applicable federal regulations regarding user charge system.
(Ordinance 1865 adopted 11/15/01)
(a) 
Where extensions of the water and/or sewer system are required to serve property which has been or is being subdivided or platted for development and resale, the City of Brownfield will construct such mains as are required to conform to the master plan of the City of Brownfield or as established by the city engineer to completely serve the property with domestic service and fire protection upon deposit of the total cost, funds to be deposited before preparation of final plans and specifications of such extensions, including the cost of approach mains fronting property not owned by the developer but necessary to connect the area for which application is made with the City of Brownfield system. In no case shall the amount deposited for construction of such water and sewer fines be less than the pro rata charges on the property in the subdivision to be served. The estimated cost of the proposed improvements shall be deposited with the city by the developer before the city authorizes the preparation of final plans and specifications and before advertisement for bids.
(b) 
If the funds deposited by the developer to be placed in an escrow account are more than the total final cost of the systems, the difference shall be refunded to the developer, and if the funds deposited are insufficient to pay the final total cost the developer shall deposit with the city such additional funds as required to equal the total cost. No water and sewer service shall be made available until all required funds are deposited with the city.
(c) 
After approval of plans and specifications for the proposed improvements, the City of Brownfield will advertise for bids for construction of the project and after receipt of bids the contract will be awarded to the lowest responsible bidder as determined by the city council.
(d) 
Upon completion of the installation of the water and sewer system the water and sewer mains and all appurtenances shall become property of the City of Brownfield, Texas.
(e) 
If water mains larger than six (6) inches in diameter are required as an approach main or as a distribution main within the subdivision, the city will refund to the developer the estimated additional cost of the water main required and a six (6) inch diameter main, as determined by the city.
(f) 
If sewer system extensions require an approach sewer main or a collection sewer main within the subdivision, larger than six (6) inches in diameter, the city will refund to the developer the estimated additional cost of the larger sewer main and a six (6) inch sewer main as determined by the city.
(g) 
If there are existing water and sewer mains in alleys or streets that will be used for service mains to serve lots in the proposed subdivision, pro rata charges will be made and said pro rata charges shall be paid for as connections are made to the existing mains.
(h) 
When an approach main is in a border street or alley, and at such time as service connections are made to such, water or sewer lines to serve abutting property a pro rata charge will be collected from the owner of the property served and such amount collected shall be refundable to the developer or person who originally paid for such main.
(i) 
No refunds will be made to the developer of the subdivision except the refunds mentioned above and since the developer will already have paid for the water and sewer system serving the subdivision no pro rata charge will be made for connections to the systems installed to serve said subdivision.
(j) 
In no event may the City of Brownfield be required to make extensions under the provisions of this article if funds are not available for the purpose.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-58)
Any and all sums of money hereinafter collected as a pro rata charge or deposit for water or sewer extensions at the rates set out in this article shall be credited to the water and sewer pro rata fund of the City of Brownfield and said funds shall be used for paying contractor for installation of said lines as provided in the contract. Refunds shall be paid from this water and sewer pro rata fund, provided funds are available from this source. Money hereinafter collected as pro rata charges are deposited may be used for further extensions of water and sewer system if funds are available.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-59)
All property platted into lots or tracts and having existing water and sanitary sewer mains installed by the City of Brownfield, prior to October 15, 1959, shall be exempt from the pro rata charges for the water and sanitary sewer mains as to the said existing adequate mains. Where such property is later subdivided, whereby an extension of mains is required to serve same, then the terms of this article shall govern. Nothing in this article shall prohibit the payment of water and sewer pro rata charges required by the fee schedule in the appendix of this code, water and sewer lines installed prior to the effective date of this article and after October 15, 1959.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-60)
The intent and purpose of this article is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the City of Brownfield in a front foot basis. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis between it and other tracts of land in the City of Brownfield, then in that event, the city manager of the City of Brownfield shall determine the proper charges in accord with the intent and purpose of this article. No person shall acquire any vested rights to any water and sewer line installed under the terms and provisions of this article, nor to any pro rata funds deposited or paid under the terms and provisions of this article.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-61)
(a) 
The city will not extend water, or sewer service unless both services are provided except as provided in subsection (b) below. All connections with existing city water mains shall be made by the city water department. Water mains smaller than 4" shall not be permitted, and sewer mains smaller than 6" shall not be permitted.
(b) 
The city council may grant a variance to allow the continued use of an existing on-site sewerage system with city water service if the council finds the following:
(1) 
The on-site system is more than 300 feet beyond an existing functionally available sewer line;
(2) 
The existing on-site system complies with all requirements of the City of Brownfield (Article 13.600 of the Code of Ordinances) and any other regulatory agency;
(3) 
The requirement of constructing the sewer extension required to service the property constitutes a substantial hardship which was not created by the applicant;
(4) 
The requirement of construction of the sewer extension by the applicant is not reasonable under the circumstances then existing.
(Ordinance 1907 adopted 5/9/04)
(a) 
All applications for the extension of water and/or sanitary sewer lines contemplated by the provisions of this article shall be made on forms provided by the city, which application shall not be binding upon either party until all conditions precedent have been met by the applicant, required payments made and the contract approved and duly executed by the city manager.
(b) 
A contract entered into by any property owner and the City of Brownfield under the provisions of this article shall be effective only for a period of five (5) years after the date of the contract. No refunds will be made by the City of Brownfield to any applicant or contracting party after this five (5) year period has expired.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-63)
Unless otherwise specifically provided herein all applicants shall deposit the total cost of any water and/or sanitary sewer extensions to be made, the required pro rata charges, whichever is greater and the City of Brownfield shall never be liable for payment of interest on any deposits, payments or refunds provided for herein.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-64)
Funds paid into the water and sewer pro rata fund by developers and others shall not be used except to accomplish the purposes set out herein. Where general funds are used to expedite extensions coming within the provisions of this article such water and sewer pro rata fund may be used for proper reimbursement.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-65)
Where the city council finds that in populated areas and in specific locations therein due to the absence of water and sewer service the public welfare would be best served by making such extensions at its own cost, and after due investigation and consideration, in order to avoid and eliminate extremely unhealthful conditions which are contributing factors to epidemics, and where money is available for such purposes, it is the express policy of the council when expressed by its resolution to extend water and sanitary sewer mains into these populated areas without a deposit being required from the property owner. Provided however, when lines are extended following such resolution, the property owner will be required to pay the pro rata charges established by this article when such property is connected to the water or sewer main. These pro rata charges may be paid in such a manner as the city council may hereafter determine.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-66)
(a) 
The sanitary sewer house laterals shall be installed and paid for by the property owner under provisions of the city plumbing ordinance. Each house lateral installation shall be inspected by the city plumbing inspector and the owner thereof shall be required to pay an inspection fee for each installation. This inspection fee is to be paid to the city at the time the plumbing permit is issued.
(b) 
If any house lateral installation requires the removal of any pavement within the limits of any public street or alley, the pavement shall be replaced by the City of Brownfield, Texas, and before any excavation is made in any paved street or alley, the property owner shall deposit with the City of Brownfield, Texas, the sum as set forth in the fee schedule in the appendix of this code.
(c) 
No service connection to the sanitary sewer system of the City of Brownfield shall serve more than one single family residential dwelling as defined in the zoning ordinance or one business building. The plumbing inspector shall determine if an accessory building is an incidental part of the one single family residential dwelling or one business building located on the same tract of land. If is determined that it is an incidental part of the one single family residential dwelling or one business building, no additional sanitary sewer service shall be required.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-67)
(a) 
The City of Brownfield shall install and maintain all water service connections complete including meters and meter boxes, in the streets and alleys or easements inside of the city limits of the City of Brownfield, and shall charge for the installation and maintenance of such complete service connections in accordance with the fee schedule in the appendix of this code.
(b) 
On services larger than two (2) inches in diameter, an estimate will be made of the total cost of the service by the city and such estimated amount shall be deposited with the City of Brownfield before work is started on such connection; the final cost shall be adjusted upon completion of the work, and if the actual cost is higher than the estimate cost, the increased cost shall be paid to the city before service is furnished through the connection; if the actual cost is less than the estimated cost, the city will refund the difference to the party making the original deposit.
(1965 Code of Ordinances, Chapter 21, Article III, Section 21-68)