Ordinance No. 420
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ORDINANCE NO. )a
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AN ORDINANCE BROVIDIM FOR jPRO RATA PAYMENT FOR THE
EXTENSION_ OF WATER.MAINS AND LINES IN THE CITY OF
BAYTOWN; REPEALING ALL ORDINANCES OR PARTS OF ORDIN-
ANCES IN CONFLICT; CONTAINING A SEVERABILITY,CLAUSE
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the only source of expense heretofore borne by owners of property
in the City of Baytown in the making of water main and line extensions has been
the payment of a nominal tapping fee charge as determined by the City Council
of the City of Baytown; and
WHEREAS, the present cost of a sic (b) inch water main, complete in place,
approximates Three Dollars and Twenty Cents (3.20) per foot, and the cost of other
sizes of water mains and lines and appurtenances has risen proportionately; and
WHEREAS, Baytown is in the center of and1s experiencing a great building ex-
pansion program, necessitating the extension of its water mains and lines to new
areas, and the requests made to the City to install these water mains and lines
without any contribution from the property owners desiring such extensions, except
the aforesaid tapping fee, is causing a considerable impairment of city funds and
constitutes a heavy financial burden on the city government; and
WHEREAS, if the City of Baytown is to continue to render this service effec-
tually, it will be necessary for it to require a proportionate cost of such water
main and line extensions to be borne by the persons desiring such extensions;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAyTOYJN:
Section 1: Rates for extension. The City of Baytown, upon written application
made therefor, may extend water mains and lines in the streets and alleys, or ease-
ments within the city limits of the City of Baytown in order to permit connections
with persons desiring and seeking water service. Except as hereinafter provided, a
deposit shall be obtained from the person or persons desiring the extension before
the main or line is constructed, said deposit to be in an amount equal to 50 per cent
of the estimated cost of said extension, -main or line, complete in place.
The orners of all intervening property thereafter served by the given main or
line extension shall be required to pay a charge based upon a front foot rate method
to be arrived at by multiplying the number of frontifeet of the lot or tract to be
served by 50 per cent of the average cost per foot of the extension. Such amount
so collected shall be refunded to the person or persons advancing the portion of the
cost of the extension as provided in the preceding paragraph hereof. In no event
shall the person or persons advancing such cost be refunded an amount that would
represent any part of the pro rata front foot charges against their own property that
can be served by the said extension.
Section 2: Special provision where estimated cost exceeds four 4) times
estimated annual revenue. -Provided, however, that where the estimated cost of an
extension to any given lot or tract of land exceeds four (4) times the annual es-
timated revenue, which shall be determined by the Superintendent of the Water De-
partment and the City Manager, the.owner or owners thereof shall be required to
deposit the entire estimated cost of the extension, ma -in or line, complete in place,
before the said extension is laid and installed.
The vxners.of all intervening property thereafter served by the given main
extension shall be required to pay a charge based upon a front foot rate method
arrived at by multiplying the number of front feet of the lot or tract to be served
® by the average cost per root of the extension. The amount so collected shall be
refunded to the person or persons advancing the whole cost of such extension. In
no event shall the person or persons advancing the cost of water main or line ex-
tensions-be refunded an amount that would represent any part of the front foot rate
charges against their own property that can be served by the given extension.
Section 3: Adjustments between the-estimated cost and actual cost. Where de-
posits have been made in accordance with the two (2) preceding Sections, if the
portion of the estimated cost deposited exceeds the portion of the actual cost re-
quired to be paid by the person or persons desiring the extension, a refund shall
be made to such person or persons by the city. In the event the actual cost exceeds
! the estimated cost, such person or persons shall pay to the city the amount of the
deficit. An agreement to this effect shall be contained in the form of-application
to be executed by the property owner or his agent.
Section It:. No tapping fee is to be charged. Where owners of the property have
contributed to the cost of an extension line in accordance with the provisions of
Section 2 of this ordinance, the city shall not require them to pay the customary
tapping fee charge when connections are made to their property.
Section 5: Limitation on refunds. Any balance of the original deposit made
by an owner of property under the provisions of Sections 1 or 2 of this ordinance
remaining after a period of ten (10) years from the date of the original application
for an extension, shall become the property of the City of Baytown.
® Section 6: Availability of funds or materials. In no event may the City of
Baytown be required to make extension in accordance with the provisions of this
ordinance if there are no funds or materials available for that purpose.
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® Section 7s Application of funds collected. Any and all forms of money herein- -
after collected as a cost fee or collection charge Iin the manner set out in this
ordinance, shallbe credited to the Water Department Improvement Fund of the City
of Baytown.
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Section 8: Existing lines exempt. All property platted into lots or tracts
existing
of land.and having adequate/water mains or lines adjoiirii�g is at the effective date
of this ordinance, shall be exempt from the pro rata charges provided for herein
for main and line extensions; p3rovided, however, that the usual and customary tap-
ping fee charge shall be collected from the owners or their agents of said properties
before service connections are made to the said existing mains or'lines.
Section 9: New subdivisions. All property lying within the city limits of
the City of Baytown as they now exist or may hereafter be enlarged, which have been
platted into lots and blocks subsequent to the effective date.of the ordinance of
the City of Baytown adopting and promulgating general rules and regulations governing
the platting and subdividing of land within the City, or all such property which
shall hereafter be platted into lots and blocks, shall have all necessary water
lines and appurtenances constructed, in accordance with the provisions of said ordin-
ance.
Section 10: Pu ose of ordinances The intent and purpose of this ordinance is
to provide an equitable charge for water connections as a proportionate distribution
of the cost of main aniilline extensions to serve property in the City of Baytown on
a front foot basis. In case a property or a tract of land is so situated or shaped
that the front foot rule provided for in this ordinance creates an inequitable basis
for the connection fee or charge to be made, the Superintendent of the Water Works
Department and the City Manager shall determine the proper charges in accordance with
the intent and purpose of this ordinance. No person shall acquire any vested rig is
under the terms and provisions of this ordinance.
Section 11: Repealing clause. All ordinances or parts of ordinances inconsis --
tent with the terms of this ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency, and in all other re-
spects this ordinance shall be cumulative of other ordinances regulating and govern-
ing the subject matter covered by this ordinance.
Section 12: Savings clause. If any provision, exception, section, subsection,
Paragraph, sentence, clause or phrase of this ordinance or the application of same
to any person or set of circumstances shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of the remaining pro -
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visions of this ordinance or their application to other persons or sets or circum-
stances and to this end, all provitions of this ordinance are declared to be severable.
Section 13: Effective date. This ordinance shall taste effect from and after
its passage by the City Council.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the- day of March, A. D• 1949.
'Be D. Cleveland, Mayor
ATTEST:
Edna Oliver,. City Clerk