The following definitions shall apply in the meaning of this
article:
Shall mean the actual user of sewer service from a town sewer
connection.
Shall mean that portion of a lot or tract of land facing
on either side of a sewer main on which a pro rate charge is to be
paid.
Shall mean the record title holder of a premises served with
water or sanitary sewer from a connection by the town.
Shall mean a charge made against the consumer, developer,
or property owner to pay for the installation of water and sanitary
sewer mains as provided in this article.
Shall mean a sewer main at least eight inches (8") or more
in diameter, as may be required by the area served.
Shall mean a water main eight inches (8") or more in diameter,
as may be required by the area served.
(Ordinance 19 adopted 4/18/00)
(a)
Upon request
of a property owner or his agent of a given lot or tract of land the
Town of Double Oak may extend, lay, or construct all necessary water
mains and sanitary sewers and their appurtenances from the nearest
appropriately sized main to the applicant's nearest property line.
Provided any charges due by the property owner are deposited up front,
the applicant shall be responsible for all costs of constructing mains
and appurtenances thereto on or to his or her property. In the event
that any deposit made by the property owner does not cover the actual
costs, the property owner shall be liable for the additional cost
difference.
(b)
If additional
easements are required to extend the sanitary sewer across or through
any private or public property, the applicant requesting such extensions
shall provide the town with all necessary easements as is required
by the town. Such costs to obtain such easements shall be borne by
the applicant. Extensions shall only be made in either a dedicated
street right-of-way, alley or easement and approved by the town. Where
it becomes necessary for the town to acquire the appropriate easements
at its expense or by the exercise of eminent domain and condemnation
proceedings, the applicant shall reimburse the town for all costs.
(c)
After
all required deposits are submitted and all required agreements are
executed, the town will have the option to perform such work through
a contractor selected by the competitive bidding process. If bids
are received on the work the amounts of the deposits will be adjusted
by additional collection or refunds to the actual contract cost plus
the applicable connection fee.
(d)
Where
groups of single customers join together to accomplish system extensions
for sanitary sewer service, the proportion of the cost assigned to
each individual customer shall be determined as follows:
(1)
The
total construction cost of the sewer main extension including all
appurtenances, easements and connection fees shall first be determined.
(2)
Next
a ten percent (10%) fee will be added to cover other indirect charges
and administrative expenses.
(3)
Next
the applicants total extension cost shall be proportioned to each
individual single customer by a combined relationship of the individual's
"front footage" as well as the distance from the nearest existing
standard size main.
(Ordinance 19 adopted 4/18/00)
(a)
Where
extensions of sewer mains are required to serve property which has
been subdivided or platted for development or resale, the town will
construct such mains either by a private contractor on a competitive
bid basis or by force account, upon deposit of the total cost of such
extensions, including the cost of approach mains fronting property
not owned by the developer but necessary to connect the area for which
such application is made. The developer will bear the cost of on-site
and approach mains, with sizes to be determined by the town.
(b)
Where
proposed water or sanitary sewer installations are to be installed
by the developer's contractor, it shall be designed by a Texas registered
professional engineer. Two (2) complete sets of engineering plans
for said water or sewer improvements shall be furnished to the town.
The superintendent and the town engineer shall review the plans and
specifications and, if approved, shall mark them approved and return
one (1) set to the developer's engineer. If not approved, two (2)
sets of the engineering plans shall be marked with the objections
noted and one (1) copy shall be returned to the developer's engineer
for corrections. The same procedure shall be followed until the engineering
plans and specifications are approved. The applicant shall cause his
contractor to install the water or sewer facilities in accordance
with the approved engineering plans and specifications. The developer
shall require his engineer to design, stake, and supervise the construction
of such improvements and shall require his contractor to construct
said improvements in accordance with the plans and specifications,
and after the improvements have been completed and upon receipt by
the town of a one (1) year maintenance bond in the amount of ten percent
(10%) of the contract price, along with three (3) sets of "as built"
plans and one (1) set of "as built" sepias, and upon receipt of a
letter of the contractor's compliance with these provisions, the town's
subdivision regulations and other applicable ordinances. Then the
superintendent shall receive and approve for the town the title, use
and normal maintenance of the improvements.
(c)
All sewer
main extensions to serve a property must be extended to the borders
of such property in order to allow for future extensions, regardless
of whether or not such extensions are required for service within
such property. However, in lieu of this, the developer may dedicate
such utility easements to all borders of his property to the town
if agreed to by the town.
(Ordinance 19 adopted 4/18/00)
(a)
Pro Rata
Charges.
(1)
An
applicant may contract with the town to require any and all owners
of intervening property served by a sewer main which was constructed
by said applicant to be required to pay a pro rata charge at such
times as their property is connected to such main.
(2)
Such
pro rata charge will be collected by the town and then be refunded
to the applicant when any pro rata is collected from other parties,
firms or corporations seeking a connection to the said sanitary sewer
installed by the applicant. Ten percent (10%) of the pro rata collected
shall be retained by the town to cover administrative costs.
(3)
The
amount of pro rata charges made against the owner of the area, lot,
or tract of land seeking a connection to the sanitary sewer main shall
be written into the contract made with the town. The amount of pro
rata charged to the owner seeking a connection shall not exceed the
original construction cost of the sanitary sewer main less ten percent
(10%) for administrative costs withheld by the town.
(4)
Any
and all sums of money collected as pro rata charges as established
by this subsection shall be credited to the sewer fund of the town.
(b)
Pro Rata
Refunds.
The town 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 the said sewer installation. All refunds
shall be made on an annual basis and shall include funds then accrued
to the credit of any developer or person contracted with. No refunds
will be made by the town to any applicant or contracting party after
the ten (10) year period has expired, nor shall the town ever be liable
for payment of interest on any deposits or refunds provided herein.
(Ordinance 19 adopted 4/18/00)
In no event may the town be required to make extensions under
these provisions if there are no funds available on hand for the purpose.
(Ordinance 19 adopted 4/18/00)
All sewer main extensions shall be constructed in accordance
with the town's subdivision regulations and any other applicable town
ordinance or state or federal regulations.
(Ordinance 19 adopted 4/18/00)
