§ 31-2. Policies and procedures for applicants requesting water and sewer extensions.
I. Applicable provisions of the subdivision ordinance:
As to this section, reference is made to the provisions of the Subdivision Ordinance of January 17, 1984 [appendix B], where applicable.
II. Inside the city limits, water and sewer line assessments pursuant to authority of Texas Local Government Code, § 402.063.
(a)
(1)
This policy shall apply to those residential blocks where at least three (3) property owners or fifty (50) percent of the owners per block sign a petition for assessment obligating themselves to the terms of this policy.
(2)
Where it can be ascertained that the subdivision of land into residential lots occurred at least ten (10) years prior to the assessment date.
(3)
After the city council has determined at a public hearing of which all potentially affected property owners have been notified by letter, that it is in the best interest of the general community that such improvements be made and that the costs of such improvements will increase the value of affected properties by a like or greater amount.
(b)
Under the above conditions, the following policy shall apply:
(1)
The city shall determine the location and specifications for all improvements proposed.
(2)
Up to ninety (90) percent of the material and labor costs associated with such improvements shall be borne by those property owners whose property fronts on proposed improvements.
(3)
The cost of the improvements shall be assessed on a front-foot charge applied equally to all owners whose properties front the improvements.
(4)
The cost of the improvements shall be paid over a three-year period at a rate of interest of eight (8) percent or the rate of the last bond sale. In cases of ascertained financial hardship, the city may extend the assessment amortization to five (5) years.
(5)
The city shall assume the cost for all off-site improvements, and for those improvements which "side" or "back" onto residential property, where such residential property already has the utility service being assessed.
III. Inside the city limits, front-foot charge for extensions:
(a)
This policy shall apply within the city limits and for street extensions into areas not now served where the street involved is established and a few lots are without service.
(b)
This policy applies to all lines installed after June 1, 1985, in existing platted street and easements unless the extension is being paid for by the Community Development Block Grant Program.
(c)
The amount to be charged on a front-foot basis shall be determined by the city council on a project-by-project basis.
(d)
Payment will be made to the water and sewer department at the time its tap is requested. In some instances, where deemed appropriate by the city council, payment may be made by monthly payments over a period up to three (3) years with eight (8) percent interest. Water and/or sewer service disconnection shall be made in the event of failure to make timely monthly payments.
(e)
It shall be the responsibility of the water and sewer department to collect payments for all lines installed after June 1, 1985, by the city, except for those paid for by the Community Development Block Grant Program.
IV. Inside and outside the city limits, extension of water main and procedures for reimbursement of applicant for water extension in certain circumstances.
(a)
Water mains may be extended inside the city limits or outside the city limits and within the city's extraterritorial jurisdiction.
(b)
Extensions of water mains involving requested reimbursement shall be made on written application in the following manner.
(1)
All mains, lines, fire hydrants, gate valves, and other necessary fittings shall be furnished and installed at the cost of the applicant, under the direction of the city according to plans and specifications approved by the city engineer prior to construction.
(2)
The pipe diameter of any main to be extended shall be determined by the city engineer, but any main for which reimbursement is to be considered must be at least eight (8) inches in diameter, be able to assure a minimum flow of five hundred (500) gallons per minute for firefighting purposes, and have appropriately placed fire hydrants.
(3)
No extension shall be laid except in a dedicated street, public road or approved easement. Each extension shall terminate with a main line valve and fire hydrant and/or where feasible, provide a loop or connection to another water main. All costs of necessary easements and right-of-way shall be borne by the applicant, and shall be secured in the name of the city.
(4)
The City shall be provided payment or water rights for the area or areas to be served as required by the city's water availability requirements set forth in section 31-92(b).
(5)
Such mains, lines, fire hydrants, gate valves, and easements shall become the property of the city immediately upon installation.
(6)
The applicant shall not resell water to others or deliver water to others than the party or parties specified in the initial application for service.
(7)
The applicant making such extension shall be entitled to reimbursement of up to but not to exceed the difference between the developer's total cost and his pro rata share, including engineering fees, publication fees as requested by the city, materials and installation, from the point of the connection to an existing main to the applicant's property.
(8)
The cost of benefiting property owners other than the applicant is to be determined in the following manner:
a.
Preliminarily, the applicant shall visit with the utilities director and the city engineer to outline the proposed extension in enough detail so that the utilities director and city engineer can advise the applicant of the feasibility of the extension, and review with the applicant the extension policy and any on-going engineering studies that might impact upon the proposed extension. At this time, the size of the extension will be reviewed. Pipe size shall be determined based upon the table in subsection VI. If the city requests additional pipe size, the difference in cost between the size required for the applicant and the size required by the city shall be included in the calculations for reimbursement unless the city makes other arrangements to pay for such oversize. However, the extension shall have a minimum of 25% excess capacity available to serve other acreage other than the applicant's acreage to be considered for reimbursement. The 25% excess capacity shall be in addition to any other capacity requested by a property owner wanting to reserve a share of the capacity by paying up front along with the applicant.
b.
The applicant shall submit to the utilities director and the city engineer at least three (3) complete sets of engineering drawings of the proposed extension with specifications and a preliminary cost estimate. The applicant will be advised as to what the city staff will recommend as to future reimbursements. Once staff approves the submitted documentation, staff will make its recommendation to the city council and present the proposed reimbursement contract ordinance, but first it must publish for two consecutive Sundays in a local newspaper of general circulation, the caption only of the proposed reimbursement contract ordinance. The applicant is solely responsible for the expense of publication. The date of the first publication should be no later than thirty days before the ordinance is introduced by city council, giving the public sufficient time to submit any comments or concerns to staff. For the applicant to receive any reimbursement, the reimbursement contract must be executed prior to completion of construction and acceptance by city.
c.
A pro rata charge will be collected from each property when utilities are made available and the property has received final plat approval. The charge will be calculated based upon the total construction amount including engineering fees, publication fees as requested by the city, materials and installation divided by the capacity of the line proposed (gallons per minute) for a unit cost of each gallon per minute ($/gpm). The capacity of the line shall be based upon the table in subsection VI. The applicant's acreage to be served by the extension will be agreed upon prior to construction of the extension and will be specified in the reimbursement contract. The identification of the service area shall serve as a means to reserve the capacity proposed by the applicant. Any section of the applicant's acreage left un-platted after the end of the contract shall be submitted to the city for consideration to reserve capacity after the 15 year term is complete.
d.
The city may connect future customers to the water extension provided that there is sufficient capacity on the line, the owner of the tract subject to the pro rata charge under the reimbursement formula has paid the pro rata charge at time of platting of such tract and provided that the customer has paid the tapping fee.
e.
Any customer not contributing the pro rata charge at the time of installation of the water extension who requests service at a later date must pay the pro rata charge in full, plus an administration fee of one hundred dollars ($100.00) per plat, plus the tapping fee and any other applicable fees, before service will be installed. The administration fee and the tap fee shall be retained by the city.
f.
Any condition not covered by these regulations or of such a nature that would result in an inequitable pro rata charge to any customer will be considered by the city council for possible inclusion in the reimbursement contract.
(9)
Upon completion of any such extension, the applicant shall furnish the utilities director and city engineer satisfactory evidence as to the actual (as-built) costs. The amount of such cost and the date of completion and acceptance as determined by the director and city engineer at the time of acceptance shall be conclusive for the purpose of reimbursement.
(10)
For each three-quarter-inch connection made to such extension by an individual user of water for a single-family dwelling (as distinguished from a connection by an owner or developer of an addition or subdivision, an apartment project, multiunit dwelling project or commercial uses of any type), the individual user so connecting shall in addition to the water availability charge, connection charge and any other charges due pay one hundred dollars ($100.00) for each connection as an extension charge.
(11)
For each connection by an applicant or developer (other than the original applicant) of an addition or subdivision, an apartment project, multiunit dwelling project, or a commercial user of any type, the party making such connection shall, in addition to the connection charge or tap fee, water availability charge and any other charge due, pay to the city an extension charge based on a capacity point system according to the size of the line as shown on the table in subsection VI.
(12)
Extension payments received shall be refunded to the applicant up to the amount of the reimbursable costs as above set out. Such refund shall be limited to payments received by the city within fifteen (15) years from the date of completion of the extension or until the applicant has received at least ninety-five (95) percent of the total reimbursable amount which ever comes first. Once the applicant has received ninety-five (95) percent reimbursement, any available capacity left in the line shall automatically be added to the reserved capacity for the applicant.
The city shall levy a service charge for processing each refund. The minimum charge shall be fifty dollars ($50.00) and may be adjusted upward by the city council as a condition of the reimbursement contract because of the complexity of the refund contract, to obtain equity, or for any other reason determined to be appropriate by the city council. The charge will be deducted from the refundable amount, which amount will then be mailed to the applicant at the address set forth in the reimbursement contract or to such other name and address as the applicant or its successors may indicate in the manner set forth in the reimbursement contract.
Should there be more than one (1) person named as applicant for the proposed extension, the reimbursement contract must designate the one (1) person or corporation to act as agent on the applicant's behalf.
In the event there is no claim made for funds held under a reimbursement contract within fifteen (15) years from the date of completion of the extension to which the contract relates or in the event the city cannot ascertain the current name and/or address of the claimant to funds held under a reimbursement contract within fifteen (15) years from the date of completion of the extension to which the contract relates, then in either event the funds held shall be placed in an extension fund for other extensions in the city Utilities budget.
(13)
Any applicant requesting to make an extension, from an extension built under the provisions of this extension policy, and which later extension is to be constructed so as to serve property not fronting on or adjacent to the main to which it is connecting, shall be entitled to reimbursement on the same basis as the applicant making the original extension, provided such later applicant shall also be obligated to pay to the city the extension charges on the extended main to which he is connecting on the same basis as is provided above and an appropriate reimbursement contract is approved and executed prior to completion of construction.
(14)
If in the judgment of the utilities director or city engineer an engineering feasibility study is required prior to considering an extension, it shall be made at the expense of the applicant by his engineer or, if by the city, at a cost agreed to in advance by the parties involved.
(15)
The city council reserves the right to refuse water service to any applicant if, in the judgment of the city council, sufficient capacity is not available, and the judgment of the city council shall be final.
V. Inside and outside the city limits, extension of sewer mains and procedures for reimbursement of applicant for extension in certain circumstances:
(a)
Sewer mains may be extended inside the city limits or outside the city limits and within the city's extraterritorial jurisdiction (except for outside the CCN).
(b)
Extension of sewer mains involving requests for reimbursement shall be made on written application in the following manner:
(1)
All mains, lines, lift stations, manholes, cleanouts and other necessary fittings shall be furnished and installed at the cost of the applicant, under the direction of the city according to plans and specifications approved by the city engineer and utilities director prior to construction.
(2)
The pipe diameter of any main to be extended shall be based upon the table shown in subsection VI and approved by the utilities director and city engineer, but in no event shall a line smaller than twelve (12) inches be considered for reimbursement.
(3)
No extension shall be laid except in a dedicated street, or public road or approved and recorded easement. Each extension shall terminate with a main line, cleanout or manhole. All cost of necessary easements and rights-of-way shall be borne by the applicant and shall be secured in the name of the city.
(4)
Such mains, lines, manholes, etc., and easements shall become the property of the city immediately upon installation and approval.
(5)
The applicant making such extension shall be entitled to reimbursement of up to but not to exceed the difference between the developer's total cost and his pro rata share, including engineering fees, publication fees as requested by the city, materials and installation from the point of connection to an existing main to the applicant's property.
(6)
The cost to benefiting property owners other than the applicant is to be determined in the following manner:
a.
Preliminarily, the applicant shall visit with the utilities director and city engineer and outline the proposed extension in enough detail so that the utilities director and city engineer can advise the applicant of the feasibility of the extension, and review with the applicant the extension policy and any ongoing engineering studies that might impact upon the proposed extension. At this time, the size of the extension will be reviewed. Pipe size shall be determined based upon the table in subsection VI. If the city requests additional pipe size depth, the difference in cost between the size required for the applicant and the size required by the city shall be included in the calculations for reimbursement unless the city makes other arrangements to pay for such oversize or extra depth. However, the extension shall have a minimum twenty-five (25) percent excess capacity available to serve other acreage other than the applicant's acreage to be considered for reimbursement. The twenty-five (25) percent excess capacity shall be in addition to any other capacity requested by a property owner wanting to reserve a share of the capacity by paying up front along with the applicant.
b.
The applicant shall submit to the utilities director and city engineer at least three (3) complete sets of engineering drawings of the proposed extension with specifications and a preliminary cost estimate. The utilities director and city engineer will advise the applicant as to what the city staff will recommend as to future reimbursement. Once staff approves the submitted documentation, staff will make its recommendation to the city council and present the proposed reimbursement contract ordinance, but first it must publish for two consecutive Sundays in a local newspaper of general circulation, the caption only of the proposed reimbursement contract ordinance. The applicant is solely responsible for the expense of publication. The date of the first publication should be no later than thirty (30) days before the ordinance is introduced by city council, giving the public sufficient time to submit any comments or concerns to staff. For the applicant to receive any reimbursement, the reimbursement contract must be executed prior to completion of construction and acceptance by city.
c.
A pro rata charge will be collected from each property when utilities are made available and the property has received final plat approval. The charge will be calculated based on the total construction cost amounts including engineering fees, publication fees as requested by the city, materials and installation divided by the capacity of the line proposed (gallons per minute). The capacity of the line shall be based upon the table shown in subsection VI. The applicant's acreage to be served by the extension will be agreed upon prior to construction of the extension and will be specified in the reimbursement contract. The identification of the service area shall serve as a means to reserve the capacity proposed by the applicant. Any section of the applicant's acreage left un-platted after the end of the contract shall be submitted to the city for consideration to reserve capacity after the fifteen-year term is complete.
d.
The city may connect future customers to the sewer extension provided that there is sufficient capacity on the line, the owner of the tract subject to the pro rata charge under the reimbursement formula has paid the pro rata charge at time of platting of such tract and provided that the customer has paid the tapping fee.
e.
Any customer not contributing the pro rata charge at the time of installation of the sewer extension who requests service at a later date must pay the pro rata charge, in full plus an administration fee of one hundred dollars ($100.00) per plat plus the tapping fee and any other applicable fees, before service will be installed. The administration fee and the tap fee shall be retained by the city.
f.
Any condition not covered by these regulations or of such a nature that would result in an inequitable pro rata charge to any customer will be considered by the city council for possible inclusion in the reimbursement contract.
(7)
Upon completion of any such extension, the applicant shall furnish the director and the city engineer satisfactory evidence as to the actual (as-built) costs and the date of completion and acceptance. The amount of such cost as determined by the director and city engineer at the time of acceptance shall be conclusive for the purpose of reimbursement.
(8)
For each connection made to such extension by an individual provider of sewage for a single-family dwelling (as distinguished from a connection by an owner or developer of an additional or subdivision, an apartment project, multiunit dwelling project or commercial uses of any type), the individual user so connecting shall, in addition to the connection charge and any other applicable charges, pay to the city one hundred dollars ($100.00) for each such connection as an extension charge.
(9)
For each connection made by an applicant or developer (other than the original applicant) of an addition or subdivision, an apartment project, multiunit dwelling project, or a commercial user of any type, the party making such connection shall, in addition to the service charge due and any other applicable charges, pay to the city a connection fee based on a capacity point system according to the size of the line.
(10)
Extension payments received shall be refunded to the applicant up to the amount of the reimbursable costs as above set out. Such refund shall be limited to payments received by the city within fifteen (15) years from the date of completion of the extension or until the applicant has received at least ninety-five (95) percent of the total reimbursable amount. Once the applicant has received ninety-five (95) percent reimbursement, any available capacity left in the line shall automatically be added to the reserved capacity for the applicant.
The city shall levy a service charge for processing each refund. The minimum charge shall be fifty dollars ($50.00), and may be adjusted upward by the city council as a condition of the reimbursement contract because of the complexity of the refund contract, to obtain equity, or for any other reason determined to be appropriate by the city council. This charge will be deducted from the refundable amount, which amount will then be mailed to the applicant at the address set forth in the reimbursement contract or to such other name and address as the applicant or its successor may indicate in the manner set forth in the reimbursement contract.
Should there be more than one (1) person named as applicant for the proposed extension, the reimbursement contract must designate the one (1) person or corporation to act as agent on the applicant's behalf.
In the event there is no claim made for funds held under a reimbursement contract within fifteen (15) years from the date of completion on the extension to which this contract relates or in the event the city cannot ascertain the current name and/or address of the claimant to funds held under a reimbursement contract within fifteen (15) years from the date of completion of the extension to which the contract relates, then in either event the money held shall be placed in an extension fund for other extensions in the city utilities budget.
(11)
Any applicant requesting to make an extension for an extension built under the provisions of this extension policy and which later is to be constructed so as to serve property not fronting on or adjacent to the main to which it is connecting shall be entitled to reimbursement on the same basis as to the applicant making the original extension, provided such later applicant shall also be obligated to pay to the city the extension charges on the extended main to which he is connecting on the same basis as is provided above, and an appropriate reimbursement contract is approved and executed prior to completion of construction.
(12)
If in the judgment of the director or city engineer an engineering feasibility study is required prior to considering an extension to the system of the city, it shall be made at the expense of the applicant by his engineer or, if by the city, at a cost agreed to in advance by the parties involved.
(13)
The city council reserves the right to refuse sewer service to any applicant if, in the judgment of the city council, sufficient capacity is not available; and the judgment of the city council shall be final.
VI.
Calculating pro rata charges. The pro rata extension charge for each property where utilities become available by installation of a utility extension will be based on a capacity point system a cording to the size of the line.
For determining the capacity of line applicant must use the following table:
Water Line Capacity Diameter of Pipe Capacity of Line* 8-inch Flow capacity = 848 gpm 12-inch Flow capacity = 1,909 gpm 16-inch Flow capacity = 3,393 gpm 18-inch Flow capacity = 4,335 gpm 20-inch Flow capacity = 5,729 gpm 24-inch Flow capacity = 8,285 gpm 30-inch Flow capacity = 12,999 gpm 36-inch Flow capacity = 18,771 gpm 42-inch Flow capacity = 25,447 gp * Based on a velocity of 6 feet per second Wastewater Line Capacity Slope (ft/100ft) Capacity of Line (gpm)* Diameter of Pipe Min. Max. Min. Flow Max. Flow 8-inch 0.33 8.40 311 1533 10-inch 0.25 6.23 491 2447 12-inch 0.20 4.88 715 3538 15-inch 0.15 3.62 1122 5498 18-inch 0.11 2.83 1563 7954 21-inch 0.09 2.30 2132 10779 24-inch 0.08 1.93 2870 14134 27-inch 0.06 1.65 3258 17845 30-inch .055 1.43 3903 22155 * Based on TCEQ requirements The monetary value of each point (gpm) is obtained by dividing the total number of points (gpm) for the line size into the total cost to the applicant of the line extension and each property is then assigned its proportionate amount based on its number of points (gpm) required to develop.
In making the calculations, the director of utilities and city engineer will determine in advance what capacity the extension is designed for and capable of serving. The total number of connections to be served will then be included in the calculations based on gallons per minute. Any property wanting to connect to the utility extension which as not been included in the calculations will be required to pay a pro rata share based on the number of points for his property times the same cost per point that was used to calculate the share for the other property served or to be served.
Properties that do not front on the utility extension right-of-way, but will be served by the extension, are subject to the pro rata assessment except for any property required to constructs a line extension to reach the applicant's line extension and must extend a line of equal or larger size.
(Ord. No. 86-16, § 1, 2-3-86; Ord. No. 89-110, §§ 1, 2, 6-12-89; Ord. No. 2003-O-210, § 1, 10-6-03)
Editor's note
Ord. No. 86-16, adopted Feb. 3, 1986, did not specifically amend this Code; hence, inclusion of § 1 as § 31-2 was at the discretion of the editor.