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Ordinance No. 2,877ORDINANCE NO. 2877 00424 -2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ESTABLISHING A GENERAL POLICY APPLICABLE TO THE CONSTRUC- TING, EXTENSION, AND CONNECTION TO WATER AND SANITARY SEWER FACILITIES OF THE CITY; DECLARING CERTAIN ACTS TO BE UNLAWFUL; REPEALING ALL ORDINANCES IN DIRECT CON- FLICT; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section l: That the Code of Ordinances of the City of Baytown is hereby amended by repealing the provisions of Chapter 25, Sanitary Sewers, as they presently exist and the same shall., cease to have force and effect from and after the effective date of this ordinance. Section 2: That the Code of Ordinances of the City of Baytown is hereby amended by the addition of a new Chapter 25, Water and Sewer Line Extensions," that shall read as follows: (See Exhibit "A" Attached) Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, sub- section, 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 valid- ity of the remaining provisions of this ordinance or their 00424 -2a application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: Any person violating the provisions of this ordinance shall be punished by a fine of not more than Two Hundred and No /100 ($200.00) Dollars, and each violation shall constitute a separate offense. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council on this 24th day of April 1980. KETel:::-�_0AHL77TO-, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: X4 2 eot'('4� SCOTT BOUNDS, City Attorney -2- 00424 -2b NEW CHAPTER 25 WATER /SEWER LINE EXTENSION POLICY Article I: General 25 -1 Purpose 25 -2 Definitions 25 -3 Effective Date 25 -4 Penalty Clause Article II: Petitions 25 -10 Construction in Easement 25 -11 Application 25 -12 Feasibility 25 -13 Advance Payment 25 -14 Rates for Extension Article III: Developments 25 -20 Application 25 -21 Construction 25 -22 Acceptance 25 -23 Reimbursement Article IV: Connection Charges 25 -30 Connection Charges for Water /Sewer Lines 25 -31 Change of Use After Connection 25 -32 Exceptions to Connection Charges 25 -33 Not in Lieu of Other Charges 25 -34 Credit to Water /Sewer Fund 25 -35 Commitment for Capacity Article V: Refunds 25 -40 Refund of Connection Charges 25 -41 Limitation to Full Recovery Costs 25 -42 Time Limit 25 -43 Request for Refund 25 -44 Costs Advanced 25 -45 Collection 00424 -2c ARTICLE ONE: IN GENERAL Sec. 25 -1. Purpose of this chapter. The purpose of this chapter is to provide for adequate extension of water and sewer service within and adjacent to the City of Baytown and to distribute the costs of such extensions among the users requiring such extensions. Sec. 25 -2. Definitions. (1) Commercial property. Property on which structures are built for other than residential purposes. (2) Developer. A person, firm, or corporation, whether one or more or a combination of one or more, that improves, sells, or uses land for the purpose of constructing residen- tial, commercial, or industrial buildings thereon to be sold or leased to others. (3) Director. Director of Public Works /City Engineer. (4) Industrial property. Property on which either the daily consumption of water or the discharge of wastewater will exceed an average 20,000 gpd per acre. (5) Main. A water or a sewer line more than six (6 ") inches in diameter. (6) Multi - family dwelling property. Property on which structures designed for or to be used for occupancy by more than two (2) families are constructed or on which more than two (2) mobile homes are placed. (7) Owner. Owner or resident of property other than developer. (8) 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 main- tenance but reserving the right to connection charges established and collected by the constructor or his assignee. (9) Private easement. An easement that is not a public easement and is used exclusively by the owner thereof to serve only his property with utility service. 00424 -3d (10) 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 con- veyance, or acquired by condemnation and within which water or sewer lines may be constructed, maintained, and operated. (11) Residential property. Property on which structures occupied exclusively for residential uses are built. Resi- dential uses shall include a private garage, domestic stor- age, and customary home occupations conducted in the dwell- ing by occupants. (12) Sewer lines. Sewer mains, laterals, sanitary sewers, lift stations, and pump stations located in public streets and easements. (13) Water lines. Water mains, service lines, fire hydrants, and appurtenances located in public streets and public easements. Sec. 25 -3. Effective date. All property now platted and on which there are existing water or sewer lines shall be exempt from the connection charge established. (cross reference 25 -33) Sec. 25 -4. Penalty clause. It shall be unlawful to serve or connect any lot, tract, or plat of land or any part thereof with water and sewer connections without complying with the connection procedures prescribed by this chapter. ARTICLE II: PETITIONS Sec. 25 -10. City to construct water and sewer lines in public easements. The city shall construct water and sewer lines under the provisions hereof only in public easements. All such lines when constructed shall remain the property of the City of Baytown and no person shall, by the payment of the connection charge or any other charge provided for herein, acquire any interest or right in any lines or any portion thereof, other than the privilege to have their property connected thereto for water and /or sewer service in accordance with the ordinances of the city. -2- 00424 -2e Sec. 25 -11. Applications for extension of water or sewer lines. Any property owner or owners who desire an extension of a city water or sewer line to serve his or their property shall make a written application to the director requesting such extension, and supplying all information requested in the application form to be furnished by the director, in order for the director to properly consider such request. The request shall include, but not be limited to, the name, address, and telephone number of each signer. The request shall designate one person as "trustee" who shall represent the petitioners and to whom all correspondence from the city will be addressed, and who shall be responsible for notifying other petitioners of city's action and for obtaining addi- tional information that may be needed. Sec. 25 -12. Feasibility determination. The director may approve a project within the city if he determines the project is feasible based upon, but not limited to, the following factors: economic practicability considering cost of project to city; anticipated revenue; availability of funds; engineering feasibility considering plans approved by city; plant capacity; trunk line capacity; and benefits to city. Sec. 25 -13. Advance payment. The city may extend lines to an area provided the peti- tioners or owners pay to the city in cash, and in advance of the city initiating preliminary work on the project, an amount of money equal to not less than one -half the esti- mated total cost of the project. Sec. 25 -14. Rates for extensions. The department of public works may extend water or sewer lines in the streets, alleys, or other easements, as pro- vided herein, in order to permit connections by persons desiring, seeking, or needing water or sewer service. A connection charge shall be made against each lot or tract of -3- 00424 -2f land and the owner thereof, whose water or sewer line shall be hereafter connected with any water or sewer main here- after constructed within the city whether contracted for before or after the effective date of this chapter, in accordance with Article IV herein. ARTICLE III: DEVELOPMENTS Sec. 25 -20. Application. (a) Subdivisions. Any owner or developer desiring to develop land as a subdivision and to install water and /or sewer lines therein shall submit his plans and specifica- tions for approval in accordance with the City of Baytown's subdivision regulations. Construction of such lines shall not be commenced until the plans and specifications therefor have been approved by the planning commission and a permit issued authorizing such construction. (b) Construction by other developers. Any owner or devel- oper desiring to develop land and to provide water and /or sewer service shall submit plans and specifications to the director for approval in accordance with the Code of Ordi- nances of the City of Baytown. Sec. 25 -21. Developer to construct lines. All developers will install, at their own expense, water and sewer lines necessary to serve the land they are devel- oping. They will likewise construct at their own expense any and all lift stations and pump stations to provide water and sewer service to such land. For any line on which a refund will be requested under Article V, the city will take the bids based upon plans and specifications prepared by developer, and approved by the director, for the lines required. The developer will advance all costs to city prior to award of contract. Sec. 25 -22. Acceptance. All water and sewer lines constructed under the provisions of this article will, upon approval and acceptance by the city, become the property of the city subject to its exclu- sive control and maintenance. All such water and sewer lines shall be constructed in public easements. 00424 -2z Sec. 25 -23. Reimbursement prior to construction. The cost of water and /or sewer mains that are required by the city to be larger than would normally be needed to serve the subdivision will be partially reimbursed. The reimbursable amount will be the difference between the cost of the lines over six (611) inches in diameter that would be adequate to serve the subdivision and the cost of the lines required by the city. A reimbursement contract will be negotiated between the city council and the developer prior to con- struction of the lines. ARTICLE IV: CONNECTION CHARGES Sec. 25 -30. Connection charge for water and /or sewer service. (a) The connection charge provided for herein shall be made against each tract of land or lot and the owner or developer of any property that is connected to any water or sewer main: Water Line Sewer Line Property Use Connection Charge Connection Charge Residential $ 350 per acre Commercial $1,000 per acre Multi- family $1,750 per acre $ 700 per acre $2,000 per acre $3,500 per acre provided, however, that on a tract of land or lots less than one acre said connection charges shall be subject to the following minimums: Water /Sewer Connection Charge Minimums Residential--------- - - - - -$ 250 per service Commercial--------- - - - - -- $1,000 per service Multi- family------- - - - - -- $1,750 per service. (b) The connection charge provided for hereby shall apply to all water and sewer mains regardless of who constructed the main, how it was financed, and whether it is located within or outside the city limits. The charge shall be subject to annual revision based upon costs of water /sewer line extensions. d+'� 00424 -2h Sec. 25 -31. Change of use after connection. If a property owner or developer changes the use of property for which a connection charge was paid, the owner or developer shall pay the appropriate connection charge for such new use less the connection charge previously paid. Sec. 25 -32. Exceptions to connection charge. No connection charge will be made: (1) For connections to water or sewer mains existing within the limits of the City of Baytown on December 1, 1979; (2) For reconnection for any cause (excepting default in payment of charges made by city) of a parcel or tract for which a proper connection charge is once paid even though the reconnection be at a different location or in a dif- ferent street; the tapping charge is to be at the sole cost and expense of the reconnecting property; (3) For any connection to a water or sewer main when, in the opinion of the director, the connection does not provide additional service to a property but merely loops the lines to such property; (4) To any user of city water obtained from city prior to December 1, 1979, which water was metered by a meter to serve only one user; (5) To any owner or developer who has paid for a line. Sec. 25 -33. Not in lieu of other charges. This chapter is not intended to and shall not in anywise affect, diminish, or limit the obligations of those required to pay previously established charges or other charges established by any ordinance of the city. Sec. 25 -34. Credit to water fund or sewer fund. All revenues collected shall be placed in a Service Line Extension Account in the water or sewer fund. Sec. 25 -35. Commitment for capacity; transferrability; revocation of charge. (a) The city council may commit to a property owner or developer, without payment of connection charge, water /sewer 00424 -2i capacity in a water or sewer line for his property for one (1) year. Council may renew such a commitment for six (6) month periods. (b) No charge for a tract of land shall be transferrable to another tract. (c) If any tract or portion of a tract is not developed within two (2) years of the payment of the connection charge provided for it, the city shall have the right to refuse water /sewer service to the undeveloped area upon refund without interest of the connection charge or that portion of the charge for the undeveloped area; provided further, any time after the two (2) year period that the city shall have the right to refuse water /sewer service to the undeveloped area upon refund without interest and with a penalty of 20% for each additional year of the connection charge or that portion of the charge for the undeveloped area. Sec. 25 -36. Industrial property. No owner or developer of industrial property has the right to connect to or participate in any water or sewer line constructed or extended pursuant to this chapter. See Industrial Waste Ordinance, Chapter 34. ARTICLE V: REFUNDS Sec. 25 -40. Refunds of connection charges. For each connection made, there shall be refunded to the person or persons advancing the cost of such extension of the line that portion of connection charge equal to the portion of the cost of the line advanced by such person or persons provided, however, that no person shall be refunded more than their costs of the line in excess of their pro rata connection charge (whether paid or not). Sec. 25 -41. Limitations to full recovery of costs. (a) In no event shall the person or persons advancing the costs of the extension of the water and /or sewer line be refunded an amount that would represent any part of the pro rata charges against their own property served by the given extension. ere 00424 -2_j (b) In no event shall the person or persons advancing the costs of the extension of the water and /or sewer line be refunded an amount in excess of their actual costs. Sec. 25 -42. Time limit on city's refund obligation. All refunds established gation of the city for a date the original payment qualifications for refund have not been met in this matically released of all on the account. under this article are an obli- period of ten (10) years from the was made to the city and, if under the terms of this article time, the city shall be auto - obligation and further bookkeeping Sec. 25 -43. Request for refund; recordation. If the applicant so desires, he may, in writing, request the director to establish a connection charge in his favor against intervening nonparticipating property owners sub- sequently making application for service connections to the extended main. Upon receipt of such request, the director shall establish on the records of said department a con- nection charge in favor of the applicant, stating the total amount of refund to which the applicant is entitled based upon costs advanced the connection charge on per acre basis. Sec. 25 -44. Costs advanced. The costs of the line advanced by a person shall be deter- mined by the payment to the city for construction of the line pursuant to the bids received by the city. Sec. 25 -45. Collection. All such refund payments will be collected by the City from each subsequent connection prior to connecting or authorizing a connection of a service line or lines to said main extension to serve his respective property. Refund payments collected by the city for the benefit of the applicant will be paid directly to the applicant as provided for herein. The applicant shall agree that city shall not have nor incur any liability for failure to collect or pay over to the applicant any such sums, or for permitting or authoriz- ing a service line connection to such main extension without requiring payment of such charge. If more than one person is or becomes entitled to receive such authorized refund payments, those entitled to such payments shall designate in writing one person to receive such payments on behalf of all others entitled thereto, and in such event, the city shall deliver no payments until such person is so designated.