The intent and purpose of this article is to provide an equitable
charge for water and sanitary sewer connections in the city on a front-foot
basis as a proportionable distribution of the cost of water and sanitary
sewer main extensions to serve property not previously served with
standard mains. In case property or a tract of land is so situated
or shaped that the front-foot rule creates an inequitable basis as
between it and other tracts of land in the city, then, in that event,
the director of public works shall determine the proper charges in
accordance with the intent and purpose of this article. In the event
of conflict between this article and the city subdivision ordinance,
the regulations in the city’s subdivision ordinance prevail.
(1990 Code, sec. 8.3500(a)(1); Ordinance
adopting Code)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The owner of a lot or tract of land or his agent requesting
water or sanitary sewer service.
The actual user of water or sanitary sewer service from a
city connection.
Owner or agent of the owner subdividing lots or tracts for
sale or lease as homes, apartments, commercial shopping centers or
industrial sites.
A person requesting the extension of water or sewer service
to a property which will be used as his own residence, which property
or a portion thereof will not be sold, leased or rented in connection
with its intended function.
Water or sewer mains totally outside of the tract of land
to be subdivided and developed for resale.
Water or sanitary sewer mains which lie within a subdivision
or along one (1) or more sides of a subdivision and serve that subdivision
exclusively.
The record title holder of premises served or to be served
with a connection to a city water or sanitary sewer main.
A portion of the cost of water or sanitary sewer main extensions
to serve the owner’s property based upon the front footage to
be served. The amount of these charges per front foot are stated in
this article.
A sanitary sewer main six (6) inches or larger in diameter.
A water main six (6) inches or larger in size.
The water division of the department of water utilities of
this city.
(1990 Code, sec. 8.3500(a)(2))
(a)
Rates for extensions.
(1)
The water utilities division of the city may extend water and sanitary
sewer mains in the streets and alleys or easements within the city
limits 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 line shall be hereafter
connected with any water main or sanitary sewer main in the city.
The charge shall be based on actual costs of installation as determined
by the director of public works based on the actual costs. The director
of public works shall determine a rate per linear foot of the lot
or tract of land to which the water or sewer connections may be made.
(2)
All single-family residential lots, areas or tracts of land located
at a standard right angle street intersection shall only be charged
a pro rata on the shortest street frontage, regardless of the location
of the water main or sanitary sewer.
(3)
Where lots or tracts are intended to be used for apartments, business,
commercial or industrial purposes or have a depth greater than one
hundred fifty (150) feet from the front street line, then the pro
rata herein provided shall be paid on the frontage for all streets
which the property may abut minus one hundred fifty (150) feet of
frontage for each corner of the property abutting a street intersection.
Should said property be resubdivided whereby water or sewer main extensions
are required to serve the same, the terms of this article shall apply
and additional pro-rata charges shall be based on such additional
street frontage.
(4)
On lots, areas or tracts of land which extend through from one street
to another, with frontage on both streets, and when the average distance
of the property lines connecting the street lines is two hundred fifty-five
(255) feet or more, the pro rata shall be charged on both frontages
when the owner seeks a connection to an existing water main or sanitary
sewer line.
(5)
Where lots, areas or tracts of land are irregular in size or shape,
then the pro-rata charges shall be based upon the equivalent rectangular
lots or tracts using one (1) front foot for each one hundred twenty
(120) square feet of area, or the pro-rata charges provided by this
section on the average frontage of such tracts, whichever is least.
(6)
Pro-rata charges for service outside the corporate limits of the
city shall be determined and set forth in a specific agreement with
the municipality or other governmental entity or party involved.
(b)
Extensions for individual owners.
(1)
Single-family residential.
(A)
Upon request of the owner or his agent, also referred to in this
subsection as “the applicant,” and upon the receipt of
payment of the charges due, the water utilities division shall extend,
lay or construct all necessary water mains and sanitary sewer mains
and their appurtenances a distance of one hundred (100) feet, plus
the distance across the frontage necessary to provide the service
for which the application is made, providing the necessary funds are
available. The owners of all intervening property served by the given
main extension shall be required to pay the charge provided for in
this subsection at such time as their property is connected to such
mains. Where an applicant secures an extension and service under this
article, he shall pay the pro-rata charges on all property owned by
him and which is served by the extension requested. On applying the
hundred-foot rule, the required extension of main shall be figured
in such manner to leave out of the calculations that portion of any
main adjacent to property already having other than a temporary water
service and for which the pro-rata charges thereon have been paid
or credited under the terms of this article.
(B)
In the event the property seeking a water or sewer connection is outside the limits of the hundred-foot rule, then the applicant shall extend the water main or sanitary sewer line from the nearest standard size existing water main or sanitary sewer line as determined by the department of public works. The extension, less the cost of one hundred feet per applicant as provided for in subsection (b)(1)(A) above, shall be constructed by the city at the owner’s expense and shall be extended across a complete frontage of said area, lot or tract of land seeking the connection when said main extension is located in a street right-of-way, alley or existing easement. If an additional easement is necessary to extend the water or sewer main across the lot, area or tract of land, then the owner of the property seeking a connection shall provide the city with an easement as required by the public works department. The owners of all intervening property served by the given main extension shall be required to pay the pro-rata charges provided for herein at such time their property is connected to the mains thus laid. The pro-rata charges collected by the city in accordance with this subsection shall be refunded to the applicant making the original deposit, up to a period of ten (10) years of the date of acceptance of said main, but in no case shall the refunds exceed the total cost of the installation.
(2)
Business, industrial, commercial, apartment and property other than
single-family residential.
(A)
When the owner of an area, lot or tract of land zoned other than
single-family residential seeks a water or sewer connection and no
standard size water mains or sanitary sewer mains are adjacent to,
or upon, or span the complete frontage or distance required across
the front of said area, lot or tract of land, the owner shall extend
the water main or sanitary sewer main from the nearest standard size
existing main as determined by the public works department. The extension
shall be constructed by the owner’s contractor, at the owner’s
expense, and shall be extended across the complete frontage of said
area, lot or tract of land when said main extension is located in
a street right-of-way, alley or an existing easement. If an additional
easement is necessary to extend the water main or sanitary sewer main
across the lot, area or tract of land, the owner of the property seeking
a connection shall provide the city with an easement as required by
the public works department.
(B)
The public works department shall determine the size of the required
main extension in accordance with the city’s comprehensive water
and sewer plans and shall also determine the location of all necessary
appurtenances such as fire hydrants, valves, manholes, cleanouts,
and other items which may be necessary for proper operation and use
of said water or sewer installation.
(C)
All proposed water and sanitary sewer installations to be installed
by the applicant’s contractor shall be designed by a professional
civil engineer, registered in the state, and the engineer shall submit
to the public works department three (3) copies of the complete engineering
plans for said water or sewer improvements. The public works department
shall review the plans and specifications, and, if approved, the public
works department shall mark them approved and return one (1) set to
the applicant’s engineer. If not approved, one (1) set of the
engineering plans shall be marked with the objections noted and returned
to the applicant’s engineer for correction. The same procedure
shall be followed until the engineering plans are approved. After
approval of the engineering plans and specifications, the applicant
shall cause his contractor to install the water or sewer facilities
in accordance with the approved engineering plans and specifications
and these regulations. The applicant shall cause his engineer to design,
stake and supervise the construction of such improvements and shall
cause his contractor to construct the improvements in accordance with
these regulations. The city will inspect the installation of the improvements.
When found to be installed in accordance with the plans and specifications,
and after the improvements have been completed and upon receipt by
the city of a one-year maintenance bond in the amount of ten percent
(10%) of the contract price, along with three (3) sets of “as-built”
plans, and upon receipt of a letter of the contractor’s compliance
with these regulations, the public works department shall receive
and approve for the city the title, use and normal maintenance of
the improvements, subject to the provisions of the maintenance bond.
(D)
When the main installations have been accepted by the city in accordance with the aforementioned criteria, the city will agree to refund to the applicant any pro rata collected from other parties, firms or corporations seeking a connection to the water main or sanitary sewer main installed by the applicant. The pro rata shall be collected in the same manner established in subsection (a), and the city will only be responsible for refunding the collected pro-rata funds for a period not to exceed ten (10) years from the date of acceptance of said water and sewer installation. All refunds shall be made on a semiannual basis on the last days of June and December.
(E)
Where extension is requested by an industry or commercial concern
using large quantities of water, such extension may be made at the
discretion of the city council, provided forty percent (40%) of the
estimated revenue for such customer will support interest and principal
payments on the total cost of the extension required to serve.
(F)
In lieu of the above procedures, the city council may consider and
determine the necessity for the extension and construction of water
and/or sanitary sewer main improvements by providing for the payment
of a part of the cost of such improvements by assessments to be made
against the benefited property and the owners thereof under the terms
and provisions of V.T.C.A., Local Government Code, section 406.066,
as amended, and as may hereafter be amended.
(c)
Replacement of substandard mains.
When property owners
request the replacement of a substandard size water main in order
to provide fire protection, to increase the supply of water for consumption
or to increase the water pressure for consumption, the water utilities
division shall construct a standard size water main upon the payment
of pro-rata charges by sufficient number of applicants to qualify
for a main extension as provided for herein.
(1990 Code, sec. 8.3500(b); Ordinance
adopting Code)
(a)
On-site extensions, totally within property to be developed.
A developer shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within a subdivision, except that the city will refund the oversize cost as established in subsection (e) in any main larger than six (6) inches in diameter unless such larger size is necessary to serve the developer’s property in question. Size of mains necessary for adequate service shall be determined by the public works department in accordance with the city’s comprehensive water and sewer plans. Providing the funds are available, refunds for oversize costs will be made upon final acceptance of the system by the city.
(b)
Along-site mains, lying along one (1) or more sides of subdivided
tract and serving property other than subdivision for which extensions
are made.
(1)
For all water and sanitary sewer mains, the developer will be refunded any collected pro rata in accordance with section 20.08.003(a), as adjacent property develops, and said refunds shall only be made for a period not to exceed ten (10) years from the date of acceptance of the said water and sewer installation.
(2)
For water and sanitary sewer mains larger than six (6) inches in diameter, the developer will be refunded the oversize cost as established in subsection (e), and as adjacent property develops, the developer will be refunded any collected pro rata as established in section 20.08.003(a).
(3)
Where along-site mains exist, the developer shall pay to the city a pro rata in the amount as established in section 20.08.003(a), and said pro-rata payment shall be paid before any building permits are issued for any area or parcel of land situated inside the boundaries of said subdivision.
(c)
Off-site extensions.
(1)
Off-site water and sewer facilities shall be constructed by private
contract at the developer’s expense in accordance with the city’s
subdivision regulations and all construction standards and specifications
adopted by the city council.
(2)
Pro-rata collections and refunds shall be made in the following manner:
(A)
Water mains.
As property adjacent to said water main installation develops and pays all due pro rata in accordance with section 20.08.003(a) of this article, then all pro rata collected by the city shall be refunded to the developer or investor who caused such water main to be installed. Refunds shall not exceed the actual cost of said water main installation, and said refunds shall only be made for a period of ten (10) years from the date of the city’s acceptance of said water main installation.
(B)
Sanitary sewer mains.
As property adjacent to the sanitary sewer main installation develops and connects to said sanitary sewer installation and pays all due pro rata in accordance with section 20.08.003(a), then all pro rata collected by the city shall be refunded to the developer or investor who caused said sanitary sewer installation to be installed. As other property not adjacent to said sanitary sewer installation develops and connects to or produces a flow of sewage, either directly or indirectly, through the sanitary sewer installation, a sanitary sewer acreage pro rata in the amount per acre as provided in section A20.08.004 of the fee schedule in appendix A to this code shall be collected from said property by the city and shall be refunded to the developer or investor who caused such sanitary sewer installation to be installed. In the event a single sanitary sewer line has been developed and constructed in more than one (1) section and where more than one (1) developer or investor is involved, then all acreage pro rata collected from property not adjacent to said sanitary sewer installation shall be refunded to the developer or investor who caused the initial section of said sanitary sewer facilities to be installed. At such time when the initial installation has been returned, then all collected pro rata shall be refunded to the developer or investor who caused the installation of said second section. This same procedure shall be followed with any number of developers or investors who cause said sanitary sewer line to be installed. Refunds shall not exceed the actual cost of said sanitary sewer main installation, and such refunds shall only be made for a period of ten (10) years from the date of the city’s acceptance of said sanitary sewer main installation.
(3)
Pro-rata charges for service outside the corporate limits of the
city shall be determined and set forth in a specific agreement with
the municipality or other entity involved.
(d)
Mains in place within property to be developed.
Should
an existing water main or sanitary sewer main lie in a street, alley,
or easement within a tract of land to be subdivided and developed
for resale, before extensions from or connections to such line shall
be made by a developer, he shall pay to the city the pro-rata fees
as set by the city.
(e)
Determination of city participation in oversize cost.
For water and sanitary sewer mains larger than six (6) inches in
size required by the city to be installed by a developer, the developer
will be refunded the difference between the cost of such larger mains
and the cost of a six-inch main, or such larger size as may be necessary
to serve the subdivision or development for which extensions are required.
To determine this difference in cost generally, actual bid prices
shall be used subject to city’s review for reasonableness. Refunds,
subject to the availability of funds, will be made upon acceptance
of the main by the city.
(1990 Code, sec. 8.3500(c); Ordinance
adopting Code)
All refunds provided for in this article shall be made at six-month
intervals (June 30 and December 31) of each year and shall include
funds then accrued to the credit of the developer and others. A refund
contract entered into by any property owner and the city under the
provisions of this article shall be effective only for a period of
ten (10) years after the date of said contract. No refunds will be
made by the city to any applicant or contracting party after this
ten-year period has expired nor shall the city ever be liable for
payment of interest on any deposits or refunds provided for herein.
(1990 Code, sec. 8.3500(d))
All property platted into lots or tracts and having existing
water and sanitary sewer mains installed by the city at the effective
date of this article (ordinance adopted June 11, 1996) shall be exempt
from the pro-rata charges of the water and sanitary sewer mains as
to such 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.
(1990 Code, sec. 8.3500(e))
