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Home My WebLink About1993-1993 - Ordinance - 01/14/1993ORDINANCE NO. 1993 AN ORDINANCE AMENDING CHAPTER 11, SECTION 3, SUBSECTIONS A THRU G, OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES; AMENDING THE POLICY, CONDITIONS AND METHODS FOR EXTENDING WATER AND SANITARY SEWER SERVICE TO PROPERTY OWNERS; PROVIDING A METHOD FOR REIMBURSEMENT TO PROPERTY OWNERS WHO EXTEND WATER AND SANITARY SEWER LINES TO THEIR OWN PROPERTY; ESTABLISHING A TRUST FUND FOR SUCH PURPOSE; PROVIDING FOR NONLIABILITY FOR COLLECTION OF FEES. WHEREAS, Chapter 11, Section 3, Subsections A thru G, of the City of College Station Code of Ordinances was adopted in 1978 as Ordinance No. 1141; and WHEREAS, the aforementioned portion of Chapter 11 was rendered unenforceable by the enactment of Chapter 395 of the Texas Local Government Code in 1989; and WHEREAS, the City of College Station finds it necessary to provide a method to permit property owners who extend water and sanitary sewer service to their own property to obtain re- imbursement from other property owners as they connect to such extensions; and WHEREAS, the City Council finds that permitting reimbursement to individual property owners on a lot or acreage basis is equitable, comports with the Local Government Code, and will serve the public health and welfare; and WHEREAS, this amendment shall be entitled as "The City of College Station Water and Sewer Extension Policy"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That Subsections A through G of Chapter 11, City of College Station Code of Ordinances, to read as follows: Section 3, of the is hereby amended "SECTION 3: WATER AND SEWER MAIN EXTENSION POLICIES REIMBURSEMENT FOR THE EXTENSION OF WATER AND SEWER MAINS (1) The owner of a lot or tract of land who constructs a water or sewer main (hereinafter referred to as Ordinance No. 1993 Page 2 "Developing Owner") to extend service to their prop- erty and dedicates such main to the City for public use may be reimbursed for the extension cost from other line users who connect to such line provided: (a) Developing Owner files a completed application for reimbursement for costs expended for the design and construction of the main on or be- fore the commencement of construction of such line with the Office of the City Engineer. The application for reimbursement may be obtained at the Office of the City Engi- neer; (ii) The application shall not be considered completed unless all information requested on the application has been provided by the applicant. All incomplete applica- tions shall be returned to the applicant. (b) Developing Owner's Engineer shall identify lots or tracts that front on the water and/or sewer main extension in the application. Each lot or tract identified shall include the legal de- scription, street address and name of the cur- rent owner and the total acreage of each tract. Identification of lots or tracts shall be sub- ject to final approval by the City Engineer. (c) Developing Owner retains a licensed engineer to design and observe construction of the line in accordance with City water and sewer specifica- tions. (d) Design and construction documents are reviewed and approved by the office of the city Engi- neer. (e) The constructed improvements are inspected by the City's inspector. (f) Developing Owner provides affidavit of bills paid for design and construction costs to City Engineer. (g) Sewer/water main is accepted by the City Engi- neer for public use. Ordinance No. 1993 Page 3 Be CONNECTION BY SUBSEQUENT USERS After such line has been accepted by the City Engi- neer for public use, other property owners (hereinafter referred to as "line users") may con- nect to such line to obtain service provided that each line user first pays his proportionate share for the cost of construction of the line to the City. (2) Payment from each line user shall be due and owing at the time of the issuance of a permit for the con- nection to the sewer or water main. OVERSIZE PARTICIPATION (1) Prior to the construction of a proposed sewer or water main by the Developing Owner, City may request that the main be oversized. If City makes such a request, Developing Owner shall be eligible for oversize participation in accordance with City Sub- division Regulations contained in Section 9, Chapter 9 of the Code of Ordinances of the City of College Station as it currently exists or as may be amended from time to time. (2) Oversize participation payment shall be governed by Chapter 9, Section 9, of the City of College Station Code of Ordinances. CALCULATION OF RATE BY ACREAGE (1) The rate charged to line users shall allocate the cost of the extension on a per acre basis. (2) The rate shall be calculated as follows: RATE = ENGINEERING + CONSTRUCTION COSTS TOTAL ACREAGE SERVED TOTAL ACREAGE CHARGE PAYABLE BY LINE USERS (1) The per acre rate shall apply to all property re- gardless of its depth or front footage. Ordinance No. 1993 Page 4 (2) If a structure spans across more than one lot or tract of land, the total acreage amount due from that line user shall be based upon the total acreage of all lots occupied by the structure. (3) Should an identified property be subdivided after the rate has been paid by line user, then the terms of this section shall not apply. (4) The charge for line users shall be determined as follows: CHARGE = (ACREAGE OWNED x RATE) (5) The acreage charge for each property to be served by the line or main shall be determined by the City Engineer at the time an application is filed by a Developing Owner. (6) This section shall be applied to all of the lots or tracts of land accepted for final designation by the City Engineer. (7) The number of lots or tracts designated by Devel- oping Owner may not be amended after the City Engi- neer has calculated the acreage rate. Designated lots or tracts that do not connect to the line shall not be required to pay an acreage charge. Lots or tracts not identified by Developing Owner's Engineer shall not be subject to acreage charges nor shall Developing Owner be reimbursed for undesig- nated lots or tracts. (9) Developing Owner shall not be reimbursed for lots or tracts he/she owns. TRUST FUND The City shall establish a trust fund for the purpose of reimbursing a Developing Owner for constructing water or sewer mains. REIMBURSEMENT FROM TRUST ACCOUNT (1) The total acreage charge received from subseguent line users for connection to the water or sewer main Ordinance No. 1993 Page 5 shall be deposited into the trust fund established for reimbursement of the Developing Owner by City. (2) After a line user connects to the sewer or water main, the acreage charge advanced for said tract shall be refunded to the Developing Owner from the trust account. NOTIFICATION It is the Developing OwnerWs responsibility to notify the City Finance Department of any change of address or account number established by Developing Owner for payment. (2) Should Developing Owner fail to notify City and pay- ment made by City is returned, such reimbursements shall be retained in the trust account until such time that Developing Owner contacts City Finance Department either in person to collect any outstand- ing reimbursement or provides a new address in writ- ing at which reimbursements may be mailed. (3) City will notify potential line users as iden- tified by developing owner(s) of the water/ sewer main installation as follows: (a) upon submittal by developing owner(s) of the engineer's cost estimate; and again (b) upon the commencement of construction of said line. NONLIABILITY The City shall not be liable for its failure to collect any acreage charges from designated lots or tracts from line users. However, this shall not prevent any Developing Owner from pursuing the collection of these charges individually. APPLICABILITY The above methods shall be available only for use by a property owner to secure water and/or sanitary sewer service for their property." Ordinance No. 1993 Page 6 II. This ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED, and APPROVED this 14th day of January, 1993. APPROVED: ATTEST: 1 y ecretary