Ordinance No. 43ORDINANCE NO. ►,
® AN ORDLNTANCE PROVIDING FOR RULES AND REGULATIONS FOR THE
EXTENSION OF SA14ITARY SEWER MAINS AND LINES IN THE CITY
OF BAYTO•+VN; CONTAINING A SEVERABILITY CLAUSE; REPEALING
ORDINANCES IN CONFLICT THERBVITH, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the only source of expense heretofore borne by owners of property
in the making of sanitary sewer 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
I lREAS, the present average cost of an eight (8) inch sanitary sewer main
furnished and installed with all necessary appurtenances approximates Two Dollars
and Thirty Cents ($2.30) per foot; and
to new areas and the requests made to the City to install these sanitary mains and
sewer lines without any contribution from the property owners desiring such exten-
sions, 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 effectually,
it will be necessary for it to require the property owners to bear a proportionate
cost of such sanitary sewer main and line extensions;
NOW, THEREMRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTUNN:
Section 1: Extensions up to 100 feet. Upon request of the owner, or his agent,
of a given lot or tract of land, the City of Baytown shall extend, lay or construct
all necessary sanitary sewer mains, lines and appurtenances a distance of 100 feet
measured from the point where the existing main or line terminates to the nearest
boundary line of said lot or tract of land. The words "existing main or line's as
used herein mean the mains or lines of the City as they exist at the effective date
of this ordinance. The expense of extending, laying or constructing said mains or
lines shall be borne wholly by the City of Baytown, however, the person or persons
desiring such extension shall be required to pay a tapping fee charge of Twenty -
Five Dollars ($25.00) before connections shall be made to the extended line. The
owners of all intervening property thereafter served by said extension shall like-
wise be required to pay a tapping fee charge of Twenty -Five Dollars ($25.00) at such
time as their property is connected to the main or lines thus laid.
WHEREAS, Baytown is in the center of andis
experiencing
a great building ex-
pansion program necessitating the extension of
its sanitary
sewerr mains and lines
to new areas and the requests made to the City to install these sanitary mains and
sewer lines without any contribution from the property owners desiring such exten-
sions, 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 effectually,
it will be necessary for it to require the property owners to bear a proportionate
cost of such sanitary sewer main and line extensions;
NOW, THEREMRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTUNN:
Section 1: Extensions up to 100 feet. Upon request of the owner, or his agent,
of a given lot or tract of land, the City of Baytown shall extend, lay or construct
all necessary sanitary sewer mains, lines and appurtenances a distance of 100 feet
measured from the point where the existing main or line terminates to the nearest
boundary line of said lot or tract of land. The words "existing main or line's as
used herein mean the mains or lines of the City as they exist at the effective date
of this ordinance. The expense of extending, laying or constructing said mains or
lines shall be borne wholly by the City of Baytown, however, the person or persons
desiring such extension shall be required to pay a tapping fee charge of Twenty -
Five Dollars ($25.00) before connections shall be made to the extended line. The
owners of all intervening property thereafter served by said extension shall like-
wise be required to pay a tapping fee charge of Twenty -Five Dollars ($25.00) at such
time as their property is connected to the main or lines thus laid.
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® Section 2: Extensions over 100 feet; Refunds. Where property, for which the
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owner or owners desire sanitary sewer connections with the mains of the City of Bay-
town, is located more than 100 feet from an existing sewer main or line, as defined
in Section 1 hereof, the City of Baytown will :Hake the necessary main or line ex-
tensions up to 100 feet. The owner or owners, or their agents, shall be required
to deposit with the City the estimated cost of the proposed extensions beyond the
100 feet which shall be determined by the City "Manager and the Director of Public
Works.
The owners
of all
intervening
property served by the
given main extension
shall
be required
to pay a
front foot
rate charge arrived at
by multiplying the
number of front feet of their lot or tract of land by the average actual cost per
foot of said extensions and appurtenances beyond the 100 feet of main or line laid
without cost. The said front foot rates are to be the basis for costs on property
fronting on streets of the usual width and conditions in areas platted into the
._usual rectangular lots or tracts of land. Where lots or tracts of land are irre-
gular in size or shape, then the pro rata charges shall be based upon equivalent
rectangular lots or tracts, using one front foot for each 150 square feet of area.
It is further provided that when Seventy -Five per cent of the available frontage
has been.connected for bona fide service to such main extensions provided for in
this Section, there shall be refunded to the person or persons advancing the whole
cost of such extension, that portion of said cost so advanced which is the difference
between the actual cost of the said main extension and the pro rata charges due
from the owner or owners of the property for which the extension was built; it being
further provided also that the City may exercise the option of refunding to the
person or persons advancing the cost of the main extension any pro rata share of
any main extension at the time it is paid to the City by the owner of the lot or
tract of land served by said main extension and not owned by the person or. persons
who advanced the cost of the original main extension. In applying this rule, where
part of the original property served by the given extension was acreage, then the
equivalent frontage of the.acreage on which the charges were based shall be used,
In no event shall the person or persons advancing the cost of sewer mains, lines
or appurtenances be refunded an amount that would represent any part of the pro
rata charges against their own property that can be served by the given extension.
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® Section 3: Installation of Service Lines. In areas where property is platted
into lots and blocks, and where extensions are being made beyond the 100 feet fur-
nished without cost by the City as provided in Section 2 above, the City will install,
and advance the cost thereof, service lines from the main line to the respective
lots adjoining said line. The owners, or their agents, of such adjoining lots shall
be required to pay a fee of Twenty -Five Dollars ($25.00) before connections are
made from the service line to the main extension.
Section 4 :. Limitations on refunds. Any balance of the original deposit made
by property owners under the terms of Section 2 of this Ordinance remaining after
a period of Ten (10) years from the date of the original application for an exten-
sion shall become the property of the City of Baytown.
• Section 5: Availability of funds or materials. In no event may the City of
Baytown be required to make extensions in accordance with the provisions of this
Ordinance if there are no funds or materials available for that purpose.
Section 6: Application of Fluids Collected. Any and all_sums of money herein-
after collected as a fee or collection charge in the manner provided for in this
Ordinance shall be credited to the Public Works Department Improvement Fluid of the
City of Baytown.
Section 7: New Subdivisions. All property lying within the City limits of
the City 6f 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 covering
the platting and subdividing of land within the City, or all such property which
shall hereafter bepplatted into lots and blocks, shall have all necessary sanitary
sewer lines and appurtenances constructed in accordance with the provisions of said
ordinance.
Section 8: Purpose of ordinance. The intent and purpose of this Ordinance
is to provide methods for making equitable charges for sanitary sewer connections
as a proportionate distribution of the cost of main and line extensions to serve
property in the City of Baytown in the manner provided for in this Ordinance. In
case a, property or a tract of land is so situated or shaped that the front foot
rule provided for above in Section 2 of this Ordinance creates an inequitable basis
® for the connection fee or charge to be made, the Director of Public Works and the
City Manager shall determine the proper charges in accordance with the intent and
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• purpose of this Ordinance. No person shal-1 acquire any vested .rights under the
terms and provisions of this Ordinance.
Section 9: Repealing Clause. All ordinances or parts of ordinances inconsis-
tent with therterms 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 gover-
ning the subject matter covered by this ordinance.
Section 10: Savings Clause. If any provisiony, 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
provisions of this ordinance or their application to other persons or sets of cir-
cumstances and to this end, all provisions of this ordinance are declared to be
severable.
Section 11: Effective Date. i�iis ordinance shall take effect from and after
its passage by the City Council.
INTRODUCED, READ and PASSED by the affir,�ative vote of a majority of the City
Council of the City of Baytown on this the 24--l-day of March, A. D. 19119•
• ATTEST:
r
Edna Oliver, City Clerk
E. D. Cleveland, yor