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Ordinance No. 9140 ORDINANCE NO. 914 AN ORDINANCE ESTABLISHING THE POLICY OF THE CITY OF BAYTOWN CONCERNING THE COST, FINANCING, CON- STRUCTION, EXTENSION, OPERATION AND OWNERSHIP OF SANITARY SEWERS, PLANTS AND FACILITIES WITHIN THE CITY .LIMITS, AND IN DEFINED INS'T'ANCES, OUTSIDE THE CITY LIMITS; CREATING AN OFFENSE FOR VIOLA- TING THE PROVISIONS OF.THE ORDINANCE AND FIXING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Definitions: For the purpose of this ordinance the following words and terms shall have the following meanings: (1); City: City of Baytown. (2) City constructed sewer. (a) Any sewer paid for wholly or partly by the City, and /or contracted for by the City. (b) Sewers hereafter paid for directly by the City. (c) Those sewers, title to which is here- after acquired by the City upon assump- tion of obligations or debts for the construction cost thereof or by opera- tion of law. (d) Sewers paid for by any other person, firm or corporation or governmental subdi- vision which hereafter shall be purchased or otherwise acquired by City for consi- deration. (e) Sewers paid for partly by City and partly by others when connection thereto is to be made from abutting property, the own- ers of which did not contribute their proportionate part thereof to the cost of said sewers. (3) Connection charge: Subject to the provisions of Section 4 hereof, connection charge means the following: (a) The pro rata charge (as provided in "Annex A ") per front foot of single dwelling residential property rectangular or approximately rectangular in shape, but having a depth of not to exceed 250 feet, measured along a side par- ticularly perpendicular to the front property line; Single dwelling residential property of greater depth or irregular in shape, or having no true or proportionate frontage on a street or easement containing a sewer, shall pay connection charges determined under the provisions of Section 4 (b), hereof. (b) The pro rata charge (as provided in "Annex A ") per 200 sq. ft. of connected area served, for lots or tracts used for business, commercial or industrial properties; however, regardless of the size or area of the tract to be served, the minimum connection charge for such property shall be the amount specified in "Annex A ". (c) The pro rata charge (as provided in "Annex A ") per square foot of land to be used for apartment projects, shopping centers and other multibuilding or multi- tenant pro- jects containing no dedicated streets, and where private sewers will serve the project, and be maintained at the owner's ex- pense even though connection is to be made to City sewers on one or more locations. The particular connection charge shall not in- clude the tapping fee, which fee is imposed for the connection of the customer's service line to the sewer system. (4) Department: Department of Public Works of the City of Baytown. (5) Developer: A person, firm or corporation, whe- ther one or more or a combination of one or more, engaged in the business of improving and selling or using land for the purpose of constructing residential, commercial or industrial buildings thereon to be sold or leased to others. (6) Director: Director of the Department of Public Works of the City of Baytown. (7) Force line: A sewer into and through which sew- age is pumped and transported under pressure. (8) Front footage or frontage: The length of the -2- front property line of a parcel of property, normally that length of a rectangular parcel of property measured parallel to the street on which the property normally faces or fronts. (9) Lateral: A sewer, eight (8 ") inches or less in diameter, and to which are connected service lines, and the main purpose of which is to conduct sewage to a sewer main. (10) Lift Station: An installation constructed and operated for the purpose of lifting a flow of sewage to a sewer at a higher elevation. (11) Main, Main Sewer, Sewer Main: A sewer, more than eight (8 ") inches in diameter, to which are connected laterals, and the main purpose of which is to receive and transport sewage to a disposal plant. A main can also serve as a lateral where service lines are connected directly to it. (12) Owner: The owner of a particular lot or lots or tracts of land, whether improved or not as shown by the records of the County Clerk of the County wherein the property is situated. (13) Privately constructed sewer: A sewer constructed in compliance with the City ordinances by a property owner, developer, or others, within a public street or public easement, and dedicated to the City for operation and maintenance but reserving the right to connection charges established and col- , lected by the City for the constructor's benefit or negotiated and collected by the constructor or his assignee as provided by ordinances of City. (14) Private easement: An easement that is not a public easement, and is used exclusively by the owner thereof to serve only his property with sanitary sewer service. (15) Public Easement: An easement, street or right of way dedicated to a governmental body or to the public, either by a recorded map or plat or by a recorded instrument of conveyance, or acquired by condemnation and within which -3- sewer lines, mains and facilities may be constructed, main- tained and operated. (16) Private sewer: A sewer located on private property or in a private easement and serving only the property of the owner of the private property or private easement in which it is located. (17) Public sewer: A sewer located in a public easement and under the control, management and use of the City and available for use by the public. (18) pump Station: An installation constructed and operated for the purpose of putting sewage into a force line and maintaining it under pressure for transportation purposes. (19) Recorded map, plat or instrument: Legally recorded in the records of the County Clerk of Harris County, Texas. (20) Service line: The sewer line that connects the waste disposal facilities of a particular property to a lateral or main sewer serving also as a lateral. (21) Sewer: A sanitary sewer. (22) Subdivision: A tract or area of land subdivi- ded into lots or tracts by a recorded map or plat and to be sold or leased to others, or used for residential, commercial or industrial purposes. (23) Treatment plant: A plant designed, constructed and operated for the treatment and disposal of domestic and com- mercial waste. Section 2: City to construct sewers only in public rights of way or easements. The City shall construct laterals, mains, and other sanitary sewers and facilities under the provisions hereof only in public easements as that term is herein defined. All such laterals, mains and facilities when constructed shall remain the property of the City of Baytown and no person shall, -4- by the payment of the connection charge or any other charge provided for herein, acquire any interest or right in any laterals, mains or facilities, or any portion thereof, other than the privilege to have their property connected thereto for sewer service in accordance with the ordinances of the City. Section 3: Construction by Developers: (1) Any developer desiring to develop land as a subdivision and install sanitary sewer facilities therein, shall submit his plans and specifications for approval in accordance with the City of Baytown's Sub - Division regula- tions. Construction of such facilities shall not be commenced until the plans and specifications therefor have been approved by the Planning and Zoning Commission, and a permit issued authorizing such construction. (2) All sewer lines and facilites, including lift and pump stations, constructed under the provisions hereof will, upon approval and acceptance by the City, become the property of the City subject to its exclusive control and maintenance. All such sewer lines and facilities shall be constructed in public easements. (3) All developers will install, at their own ex- spense, mains, laterals and service lines necessary to serve the land they are developing as subdivisions. They will like- wise construct at their own expense any and all lift stations and pump stations to provide sewer service to such land. The cost of sewer mains, which are required by the City to be lar- ger than would normally be needed to serve the subdivision, will be partially reimbursed. Reimbursable amount will be the difference between the cost of the facilities that would be adequate to serve the subdivision and cost of the facilities required by the City. A reimbursement contract will be nego- tiated between the City Council and the developer. The deve- loper or property owner paying a portion of the cost of the -5- main to serve a subdivision will not be required to pay a connection charge for service lines connected to such main. Section 4: Construction of Sewers: a. New construction of sewers in developed areas of City: The Department of Public Works may extend sanitary sewer laterals or mains in the streets, alleys or other ease- ments, as provided herein, within the City limits in order to permit connections by persons desiring, seeking or needing sanitary sewer service. A connection charge as provided for in paragraph b of this section shall be made against each lot or tract of land and the owner thereof, whose sewer line shall be hereafter connected with any sewer main hereafter constructed within the City whether contracted for before or after the ef- fective date of this ordinance. All petitions for extension of City service under the provisions hereof shall be in writing and signed by those persons in an area or subdivision desiring City service. it shall be filed with the Director and such petition shall indi- cate the name, address and telephone number of each signer, and be accompanied with a map or tracts in the subdivision, or, if not subdivided, for those lots and tracts within a dis- tance of 300 feet on all sides of the properties owned by the petitioners, The petition shall also contain any other infor- mation or agreements that may be specifically required under the provisions hereof. The petition shall designate one per- son as "chairman" who shall be the representative of the pe- titioners and to whom all correspondence from the City will be addressed, and who shall be responsible for notifying the petitioners of any action taken by the City on the petition and of which he is advised by the City, and for obtaining ad- ditional information for the City and for getting instruments executed by petitioners in connection with requests of service. (1) In those areas of the City that have been sub- divided into usual size residential lots (not larger than 10,000 MUM square feet) by a map or plat duly recorded in the Map Records of the County Clerk of the County wherein the land is situated, and where at least fifty (50 %) percent of the lots of the subdivided area are developed (occupied by a re- sidence or commercial establishment) and are not served with public sewers, the City will, upon receipt of a petition so requesting, install laterals if the funds are available and the project is practicable and economically feasible. (2)(a) Upon receipt by Director of a petition from the owners of property in an area that has been subdivided by recorded maps or plats into lots and where at least fifty (50 %) percent of the lots are not developed (occupied by residences or commercial estalbishments), and the developed lots are not served by public sewers, if the Director determines mathema- tically that the project is economically feasible, that is, the cost to the City of extending City laterals and mains and constructing and expanding facilities to accommodate the area does not exceed the usual average cost per connection or per acre servable, and that the project is engineeringly practi- cable, and the City has money available, the City will bear initially the cost of extending sewers to provide service to such area on the condition that the owners of the developed lots pay to the City in cash, and in advance of the City ini- tiating preliminary work on the project, an amount of money equal to the difference between the total amount of the per front foot connection charges (as determined under the pro- visions hereof) assessable against the owners of the developed lots and the per front foot connection charges for fifty (50 %) percent of the lots in the area requesting service. Those property owners paying the amount of money necessary to meet the requirement of fifty (50 %) percent development shall be entitled to receive reimbursement (without interest) there- for by the City solely from connection charges collected by -7- City from persons, other than those entitled to said reim- bursement, subsequently connecting to said sewers. (b) The persons entitled to said reimbursements shall jointly designate in writing a trustee to receive reim- bursements from the City toward said advance payment. The trustee shall be responsible to the persons entitled thereto for making proper distribution of said moneys, he shall be their agent and representative and City shall not have nor in- cur any liability either for failing to collect said connection charge nor for failing to pay said amounts to said trustee. The City shall likewise neither have not incur any liability for any acts or omissions of said trustee. The trustee shall give written receipts to the City for sums received by him on behalf of said persons; however, the cancelled warrants and and checks of the City purporting to have been endorsed by said trustee shall create a conclusive presumption of such payment by City. (3)(a) If any area desiring sewer service where there are business, commercial or industrial establishments occupying large tracts of land, or where the residential lots are subdivided by recorded plats having an average area in ex- cess of 10,000 feet of land, or where the land is not subdivi- ded by a recorded plat or map, the City will, upon receipt of a petition in writing and signed by those property owners de- siring service, install laterals if the funds are available and the project is practicable and economically feasible, on the condition that the petitioners will pay in cash to City an amount of money (hereinafter referred to as "advance payment ") equal to the connection charge (computed under paragraph b of this section) for an area of property which, when taken together with the connection charges assessable against petitioners' property, will be sufficient to total one -half of the total amount of connection charges assessable against all property capable of being served by the proposed sewers. Such pe- tition shall contain an agreement to this effect. (b) Upon receipt of any such petition by Director, if the City has mains available for furnishing all such ser- vice and if the City has money available for such project, the Director shall determine the area capable of being served by the laterals necessary to provide service to the properties of petitioners, and the amount of money, if any, that petitioners shall pay in cash to City as advance payment toward the cost of constructing such lines. He shall also determine the amount of connection charge to be paid by each of the petitioners for their respective properties. (c) If the Director determines that the project is feasible and should be constructed and the City has money available therefor, he shall notify the Chairman of the peti- tioners and advise him of the amount of connection charge for each petitioner's respective properties and of the total amount of the required advance payment and request that the petitioners pay in cash to the City the required advance payment. The advance payment shall be wholly the responsibility of the pe- titioners and they shall determine among themselves in what manner and how much each is to pay, but in any event, said sum must be paid in cash to the City. As soon as the peti- tioners have paid the required advance payment in cash to the City, the Director will proceed with the project in the same manner as any other sewer construction project. (4) For owners of property desiring to connect to such sewers constructed under the provisions hereof a connec- tion charge will be made (irrespective of any other payments theretofore made) as herein provided. Property owners will be permitted to pay the connection charge in either monthly or annual installments and bearing interest as provided in para- graph c of Section 4 herein. (5) in areas in which the City constructs sewers under the provisions hereof, all property on which there is located waste disposal facilites, including domestic, indus- trial and commercial, and all houses and business establishments within 300 feet of any such sewer that are not then served by the public sewers, shall, within 90 days after receipt of writ- ten demand by the City Director of Public Health, install a sewer connection, if such property is not already provided therewith, and make application for a permit to connect, and upon receipt of such permit connect such wast disposal facili- ties to such sewer. when such connection is made the private disposal facilities will be immediately abandoned, excepting only those facilities of commercial and industrial connections as may be required for pretreatment by ordinance of the City or regulations of the Department for pretreatment of certain kinds of waste. b. Connection charge, front foot definition, ex- ceptions and payment: (1) The connection charge provided for herein shall be paid by the owner of any property that is connected to any future City - constructed sewer or any sewer for which the City pays any consideration. However, for those sewers constructed by developers or others at their sole cost and dedicated to the City, either by operation of this ordinance or otherwise, no connection charge will be made for connections thereto of property owned by the person who pays for the construction of any such sewer, their successors and assigns. No connection charge will be made for connections to sewers existing within the present limits of the City of Baytown on the date of pas- sage of this ordinance which may be subsequently acquired by the City. (2) The front foot rate (as provided in "Annex A ") shall normally apply to property fronting on streets in areas platted into lots or tracts of land, rectangular or approximately -10- rectangular in shape, with a depth not to exceed 250 feet. Where lots or tracts have a greater depth than 250 feet from the front street line, and are occupied, or are to be occu- pied exclusively as single unit dwelling places, then the additional depth shall not be assessed. If the property is later divided into one or more additional building lots or sites, then the terms of this ordinance shall apply to the connection or improvements on each such lot to City sewers and charges therefor. On lots or tracts of land which ex- tend through from one street to another, with frontage on both streets, and where the distance between the property lines abutting the streets is 450 feet or more, then the char- ges herein provided for shall be paid on both frontages when a connection is secured to the lot or tract. Where lots or tracts are irregular in size or shape, then the connection charge shall be based upon equivalent rectangular lots or tracts using one front foot for each 200 square feet of area. (3) For lots or tracts that are intended to be used for, or are being used for business, commercial or in- dustrial purposes, the connection charge shall be the amount specified in "Annex A" per 200 square feet of connected area served; however, regardless of the size or area of the tract to be served, the minimum connection charge for such property shall be the amount specified in "Annex A ". Owners of land in any of the above classifications to be used for apartment projects, shopping centers and other multibuilding or multi - tenant projects, containing no dedi- cated streets, and where private sewers will serve the project, and be maintained at the owner's expense even though connection is to be made to City sewers on one or more locations, shall pay a connection charge irrespective of abutting or front foot- age at the rate per square foot specified in "Annex A ", or the sum per acre of 43,560 square feet also specified in "Annex A ". -11- (4) The connection charge for a building occupy- ing more than one building lot will be the applicable connec- tion charge for all lots occupied by the building requiring service and all or any accessory area to the main building, such as, for example, but not as a limitation, parking lots, garages, etc. No charge will be made for subsequent connections for buildings erected or the lots for which a proper connec- tion charge provided for herein has once been paid. In the ab- sence of factual proof of such payment, City records shall be considered as correct and final. (5) A parcel or tract for which a proper connec- tion charge is once paid shall, on re- connection for any cause (excepting default in payment of charges made by City), not be required to pay a second charge even though re- connection be at a different location or in a different street; the tap- ping charge is to be at the sole cost and expense of the re- connecting property. (6) In the event of a dispute or doubt as to the amount of connection charge to be paid for a particular pro- perty or the method of computing same, the Director shall ap- ply that charge or method of computing that most nearly applies to the particular property and his decision in the matter shall be final. C. Payment of connection charge: (1) The connection charge shall be paid at the date and with issuance of permit to make such connection and may be paid in cash or by written agreement, the property owner may pay the charge in ten (10) payments bearing interest at the rate of five (5 %) percent per annum on the unpaid balance, that is, a cash payment equal to ten (10 %) percent of the total con- nection charge will be made with the application and the owner will execute the required City provided form by which annual -12- payments equal to ten (10 %) percent of the total connection charge plus five (5 %) percent interest on the unpaid balance will be made on each of the succeeding nine (9) permit anni- versary dates. Delinquent payments will bear interest at the rate of ten (10 %) percent per annum until paid. The provi- ded form will contain provisions for details such as descrip- tion of the property connected, changes in property ownership, pre - payment of balance due, collections of delinquent amounts and any other pertinent data or information. (2) To facilitate billing and accounting proce- dures Director is authorized to divide the principal and interest payable for connection charges into nine (9) equal annual installments, rather than computing each year the in- terest due on the balance of the principal. However, should the debtor pay the balance due or any portion thereof prior to its due date, an adjustment shall be made so that in any event the City will receive interest during the existence of the debt at the rate of five(5 %) percent per annum, except that in cases of default or delinquent payments the interest will be charged at the rate of ten (10 %) percent per annum on the amount of the delinquent or defaulted payment until paid. In case of default in making any payment when due Di- rector shall have the option to declare the whole balance due and payable, and in such event, such balance will bear interest at the rate of ten (10 %) percent per annum until paid. In the event of suit to collect any amount due under the pro- visions of this ordinance, the City will be entitled to judge- ment for reasonable attorneys'fees. (3) city shall have a lien against the property connected for the amount of the connection charges and all interest and penalties, and when the property involved is homestead, the agreement provided for in (1)above, shall be signed by the husband and wife owners, and acknowledged by each of them in the manner prescribed by law and the instrument 09919 recorded in the Mechanic's and Materialman's Lien Records of the County Clerk of the County in which the property is located. The agreement shall be executed, acknowledged and recorded before the construction is commenced or the connec- tion is made. (4) Billing for payments of connection charges will be by the Finance Department which will bill for de- ferred connection charges to sewer lines and delinquent pay- ments. Delinquency will be dealt with in the same manner as for delinquency in payment of water service, by cutting off water service to force payment of delinquent accounts. All payments will be made to the same offices collecting wa- ter service charges. Section 5: Cost of construction and maintenance of sewer facilities: Except as otherwise provided herein, the obliga- tion for the cost of constructing, operating and maintaining sewer facilities shall be as follows: (1) The construction cost of lateral sewers shall be borne by the owner of the property served thereby. (2) The construction, operating and maintenance cost of sewer mains shall be borne by the City. (3) The cost of laterals and service lines, wholly within and required to serve a subdivision, shall be borne by the developer. (4) The cost of constructing sewage lift stations and pump stations located on laterals and required to serve a subdivision shall be borne by the developer. Upon com- pletion to the satisfaction of the City, the lift station or pump station will be deeded to the City, at no cost to the City, after which the cost of operating and maintaining such life station will be borne by the City. (5) The cost of constructing lift stations on main line sewers and the cost of constructing and operating -14- sewage treatment facilities shall be borne by the City. (6) The cost of operating and maintaining the sanitary sewer systems of the City, other than those sani- tary sewer systems operated and serviced by privately owned treatment plants, shall be borne by the City. (7) Those sanitary sewer systems operated and served by privately owned sewage treatment plants shall be operated and maintained at the expense of the owner of the treatment plant serving them. Section 6: Connecting properties outside City to City sewer: The City will permit properties outside of the City limits to be connected to City sewers for sanitary sewer ser- vice upon the following conditions: (1) Any property located outside of the City limits and adjacent to a City sewer may be permitted to connect to the City sewer upon making application therefor to Director and paying the applicable per front footage connection charge provided for herein, plus the additional charge specified in "Annex A" per signle family residence or single family resi- dential equivalent served, this latter charge to represent the cost of plant and main capacity required to accommodate said connection. (2) The City may permit the extension of its la- terals or the connection of laterals to its mains to serve residential property not to exceed 30 acres or 100 homesites developed or to be developed as residential subdivision out- side of the City limits. The owners of such property or their duly designated representatives shall make application to Director for a permit to make such lateral connection or ex- tension, submitting plans and specifications therefor. if Director finds that such lateral connection or extension is feasible and capacity exists to properly serve property with- in and outside of the City and approves the plans and specifications 0167M submitted, he may grant such permit. Such permit shall pro- vide that all such lateral connections or extensions shall be constructed at the sole cost and expense of the property to be served and shall be dedicated for the use of the public by the parties constructing same. City shall inspect the con- struction as it progresses and such construction shall be in strict accordance with the approved plans and specifications. Applicant will pay to City in addition to any other fees, an inspection charge as specified in "Annex A" per lineal foot of sewer to be constructed, such payment to accompany the appli- cation for permit. (3) Property owners desiring to connect to said la- teral extensions or connections of the City sewer constructed under Sub - paragraph (2) above, shall make application to the Director for a permit to do so and pay to City the fee spe- cified in "Annex A" per residence, representing that propor- tionate part of the cost of the City plant and mains required to accommodate said connection. (4) All sewers constructed under the provisions of Sub-- paragraph(2) above, will be dedicated to the public and will be maintained by the City and there will be added to the service charge established herein an amount sufficient to re- imburse the City for the cost of such maintenance. Such ad- ditional amount will be placed in a separate fund and will not be considered as income to City nor as a part of the general fund but solely as a maintenance fund to compensate the City for the cost of maintaining such sewers. Cost of maintaining such sewer by the City while they are outside the City limits shall never exceed the money available in such fund. The Di- rector may increase or decrease the charge for maintenance in accordance with annual experience of actual costs incurred. City Council may provide for the disposition of any money in said fund upon the City annexing the area served by such sewers. -16- (5) In those instances where a developer or the residents of an area containing more than thirty acres or more than 100 homesites desire the extension of City sewers for the purpose of providing such area with sanitary sewer service, an application for such extension of service shall be made by such developer, or duly designated representative of such re- sidents to Director, in the manner and containing the matters and information required in Sub - paragraph (2) hereof. If the Director finds that the City plant and main capacity are available for such service and approves the proposed plans and specifications for such extension of service, he shall make his recommendation to City Council, setting forth the amount of connection charge to be made, the amount of service charge required, and any other provisions or conditions he deems ne- cessary in order to protect the interest of City. If City Council approves the permitting of such extensions as recom- mended by Director, the City Attorney will be directed to pre- pare a written agreement between the City and the applicant containing substantially the requirements and conditions re- commended by Director and such other provisions as in the opi- nion of the City Attorney are necessary to protect the interests of the City. The City Attorney will likewise prepare an or- dinance authorizing execution of such agreement on behalf of the City. When a fully executed copy of the agreement has been submitted to Director, he will issue to applicant a per- mit to make the extension and authorizing City sanitary sewer service to the area in accordance with the terms and condi- tions of said agreement, and all pertinent City ordinances. The service charges and all other charges set forth in said agreement will be subject to revision from time to time by City Council in order to fully and completely compensate City for all costs and expense of the service for which the charge is made. -17- (6) Subject to the provisions of Sub - paragraph (5) above, the regular monthly charge established by City ordinance for property outside the City limits whose waste is discharged into and processed by the City Sanitary Sewer System will be made to those properties served under the provisions hereof. The City shall have the right to discontinue service to any property failing or refusing to pay when due the charges made by City for such service by disconnecting the service line of said property from the lateral or main to which it is connected. Service to said property may be restored upon payment by pro- perty owner of the delinquent account and any penalties due plus the disconnection charge specified in "Annex A" and by making connection to said lateral or main at the property own- er's sole expense after obtaining from Director a permit au- thorizing such reconnection. This sub - section (6) applies whether or not the sewer connected or reconnected to is owned by the City. (7) Except as provided in Sub- paragraph (5) above, the regular monthly sewer service charge for sewer service to areas outside of the City limits shall be the amount spe- cified in "Annex A" per single family residence. For pro- perties connected other than single family residence, the charge will be as specified in "Annex A" for each four (4) persons of the average number employed, housed, taught, hospitalized or otherwise accommodated per month, the amount of such charge will be determined and computed by Director and his decision in each particular case will be final. If the City maintains that portion of the sewer system that it would maintain if the lines were located within the City, there will be assessed an additional monthly charge as specified in "Annex A" per single family residence or its equivalent. This charge will be collected and placed in the maintenance fund as provided in Sub - paragraph (4) of this Section and subject to adjustment -15- and the other provisions of said Sub - paragraph (4). (8) Each and every resident of property receiving sewer service from City through connections made under the provisions hereof thereby releases the City from all causes of action and claims for damage that they might otherwise have as a result of the City exercising any right reserved to itself under the provisions hereof. Section 7: Construction of mains and treatment plants within the City with initial financing by the Contractor: The following procedure shall be the exclusive method whereby a developer or other person (hereafter called developer) may finance the construction of sanitary sewers and disposal plants within the City to serve a subdivision and recover from City that portion of the cost of such sani- tary sewers or disposal plants normally borne by the City of Baytown according to its ordinance. when the City does not have funds available to fi- nance the construction of a sanitary sewer disposal plant, or that portion of the cost of sanitary sewer laterals or mains which the City usually bears, to provide sanitary se- wer service to a subdivision, if the project is approved on behalf of the City, the City will enter into an agreement with the developer to provide for the financing of such sanitary sewers or sanitary sewage disposal plant upon the following terms and conditions: a. Sewage Treatment Plant: (1) The design of the treatment plant must be ap- proved by the Director. (2) Bids for the proposed subject based upon plans and specifications provided by the developer and approved by the Director will be obtained by the City in the manner re- quired by its Charter. (3) Upon receipt of bids, the City Council will M &OM determine the best and lowest bid acceptable to City and the developer will enter into a contract (upon forms furnished by Director) with the approved successful bidder for the con- struction of the project. (4) Upon completion of the project and acceptance thereof by City, the developer will enter into a written con- tract agreeing to convey to the City the sewage treatment plant at a cost equal to the final construction cost plus engineering fees not to exceed the schedule of minimum fees set forth in the latest Manual of Professional Practice, General Engineering Service, published by the Texas Society of Professional Engineers, Austin, Texas, plus the value of the plant site (land) agreed to by City and paid to City by developer for permits or con- struction inspection of facilities. (5) As consideration for such agreement to convey- ante, an annual payment in an amount sufficient to return to the developer within a ten (10) year period the purchase price of the plant plus the interest at the rate of four (4 %) percent per annum on the unpaid balance, will be made by the City from funds currently available for that purpose. The City will re- tain an option to pay the remaining balance to the developer at any time prior to maturity. (6) The annual mid -year, July 1, payment to the developer will be equal to 1 /10th of the total cost of the installation plus interest equal to four (4 %) percent of the unpaid balance. (7) If at any time the City fails or refuses to make the annual payment of principal and interest provided for in the agreement from funds currently available for that purpose in such a manner and under such circumstances as to constitute a legal breach of the agreement, the developer will have the option to terminate the agreement to convey the treatment plant and site to.the City, and in the event the -20- developer so elects to terminate such conveyance, developer shall have the right to take possession of and operate such plant as a public utility, making charge for services ren- dered thereby subject to the ordinances of the City of Baytown; provided, however, City shall have an option, within one (1) year, or resumption of payments by the City, including pay- ment of interest at the rate of four (4 %) percent per annum for the deferred period on the then remaining balance due on the principal, and, upon written demand to developer to retake possession and operation of said sewage treatment plant and site and proceed to acquire full title thereto by com- pletion of the ten (10) annual payments, including principal and interest, as provided in paragraph (6) above. (8) The agreement on behalf of the City to make the annual payments, principal and interest, will never be enforceable as an obligation of the City, and the only remedy available to the developer or failure of the City to make annual payments will be the exercise of the option outlined in paragraph (7) above. b. Main Sewers: (1) The design of the sewarage system which a de- veloper desires to construct under the provisions hereof shall be submitted for approval to the Director. (2) For the construction of all main sewers on which reimbursement payments by the City are to be made, bids will be obtained by the City of Baytown in compliance with its Charter requirements. (3) Upon receipt of bids, the City Council will de- termine the best and lowest bid acceptable to the City and the developer will enter into a contract, upon forms to be fur- nished by the Director, with the contractor whose bid is ac- cepted by City Council, for the construction of the project. (4) Upon completion of the project and acceptance thereof by the City, the developer will convey to the City of -21- Baytown such main sewers, at a cost equal to the final con- struction cost plus engineering fees not to exceed the mini- mum schedule of fees as set forth in the latest Manual of Professional Practice, General Engineering Service, published by the Texas Society of Professional Engineers, Austin, Texas. If the service lines of any developer's property are to be connected to the main sewer, then an amount equal to the con- nection charge provided for in Section 1 (c) will be deducted by the City. This latter payment is to reimburse the City for that portion of the cost of the main sewer installation which is to be used by the developer as a lateral sewer. (5) In consideration of the conveyance by the developer of the main sewers to the City, an annual payment in an amount sufficient to return to the developer within a ten (10) year period the purchase price of the main sewers as determined in paragraph (4) above, plus interest at the rate of four (4 %) percent per annum on the unpaid balance will be made by City from funds currently available for such purpose. City will retain an option to pay the remaining balance due on the purchase price to the developer at any time prior to maturity. (6) The annual mid -year, July 1, payment to the developer will be equal to 1 /10th of the total cost of the installation as determined in paragraph (4) above, plus interest equal to four percent (4%) of the unpaid balance. (7) The agreement on behalf of the City to make the annual payments of principal and interest will never be enforceable as an obligation of the City. (8) The developer will construct and pay for the entire cost of lateral sewers and upon completion and approval by City, those sewers will become the property of the City of Baytown without cost to it, and subject to the City's exclu- sive ownership, control, management, use and operation. _22_ {9} City will permit other areas, outside of the subdivision area of the developer who have entered into the agreement provided for above, to connect to main sewers con- structed under the provisions above, upon the condition that the other area owners pay to the City, to be credited on any amounts that the City might then owe such construction de- veloper, a connection charge to be determined in the manner herein provided and applicable to the property to be connec- ted. Section 8: Extensions into densely populated areas by City at its own expense - connection charge by property owners: When the City Council finds that in densely pop- ulated areas and in specific locations, due to the absence of sewer service, the public welfare would best be served by making sewer main extensions at its own cost, and after due investigation and consideration, in order to avoid and eliminate extremely unhealthful conditions which are con- tributing factors to epidemics, and where money is available for such purposes, it is the express policy of the City Council, when expressed by its resolution, to extend sanitary sewers into densely populated areas without a petition being signed by the property owners; provided, however, that when lines are extended following such resolution the property owner shall be required to pay the connection charges established by this ordinance when such property is connected to the sewer. Section 9: Effective Date of Connection Charges: The connection charges provided for herein, except for service outside of the City limits, shall apply only to connections to lines constructed and /or accepted by the City, or acquired by the City on or after the effective date of this ordinance by purchase, assumption of obligations or debts for the construction cost thereof or by operation of law. -23- Section 10: Offense and Penalty: Any person violating any of the terms and pro- visions of this ordinance shall be guilty of an offense and upon conviction shall be fined not more than Two Hundred ($200.00) Dollars. Each and every day that a violation continues shall constitute a separate offense punishable as such. A failure to comply with any requirement herein shall constitute a violation thereof. Section 11: The right of persons entitled to refunds under previous ordinances where the installations have actually been made of water and /or sanitary sewer mains, shall re- main unaffected by this ordinance. All rights and remedies which have accrued in favor of the City under any prior or- dinance or amendment thereof shall be and are expressly pre- served for the benefit of the City. Section 12: If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any rea- son held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining por- tions of this ordinance or their application to other per- sons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Baytown in adopting and of the Mayor in approving this ordinance, that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any un- constitutionality or invalidity of any other portion, pro- vision or regulation, and to this end all provisions of this ordinance are declared to be severable. 1 2 . The City Clerk shall cause the caption of this -24- ordinance to be published in a newspaper of general circu- lation within the City of Baytown at least twice within ten days from the date of passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this the 14th day of March, 8. Seaborn Cravey, Mayor ATTEST: Edna Oliver, City Clerk APPROVED AS TO FORM: '0�'W;. W William R. Laughlin, City Attorney -25- " A N N E X A" This Annex is designed to provide a schedule of mone- tary amounts to be used to augment this ordinance, to allow for a revision in the monetary amounts involved without the necessity of an amendment to the basic oridnance. The following is a list of the monetary amounts to be applied to the provisions of this ordinance, as indicated: Section 1 (3) (a) - $ 1.50 per front foot section 1 (3)(b) -- $ 2.00 per 200 square feet Section 1 (3)(c) - $ .01 per square foot section 4b(2) - $ 1.50 per front foot Section 4b(3) - $ 2.00 per 200 square feet; $ .01 per square foot; $435.60 per 43,560 square feet section 6 (1) - $ 90.00 per single family residence served, or equivalent Section 6 (2) - $ .05 per lineal foot inspection charge section 6 (3) - $ 90.00 per residence Section 6 (6) - $ 50.00 disconnection charge Section 6 (7) - $ 2.00 per month per single family residence; $ 2.00 for each 4 persons of the average number employed, housed, taught, hospitalized or otherwise accommodated per month; $ .25 per single family residence or its equivalent if the City maintains that portion of the sewer system that it would maintain if the lines were lo- cated within the City. -26-