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HomeMy WebLinkAbout1973-0877 - Ordinance - 05/28/1973ORDINANCE NO. 877 AN ORDINANCE PROVIDING RULES, REGULATIONS AND STANDARDS UNDER WHICH THE CITY OF COLLEGE STATION MAY GIVE ITS WRITTEN CONSENT FOR THE CREATION OF ANY POLITICAL SUBDIVISION HAVING AS ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC OR COMMERCIAL USES OR THE FURNISHING OF SANITARY SEWER SERVICES, WITHIN THE AREA OF THE EXTRA- TERRITORIAL JURISIDCTION OF THE CITY OF COLLEGE STAT�Q AND PROVIDING FOR AN E FFE CTIVE DATE HEREOF. \\ WHEREAS, Subsection B of Section I, Article 970a, V.A. C. S. , pr i s, in p t that no political subdivision having as one of its purposes t s lyi of e e for domestic or commercial uses or the furnishin of sa nary we sery ce ma a created within the area of the extraterritorial jurisdicti n any city 'th the wr' ten consent of such city; and WHEREAS, territory within the extraterrito al j diet' n of the C' of College Station may be permanently annexed to the City of olleg Station and the ty of College Station therefore has a direct interest in the design, con truction, oper ion, and finan a arrange- ments of such ical subdivisions; and WHEREAS, ' is co templed that, from t to time, pr one s of the re tion of uch political sub ivisio s will seek a consent of the City C cil of e C' y of olle e Station for t eir cr ation, either der a general law , or by spec 1 act of t e Legislature, and the City of Col ge Stati has no heretofore est lished rules, ations and standards f r the anting of ' s id consent; and WHEREAS, in th case t e gr ting of the C' y of College Sta ion c nse t to the creation of such poli ical subdiv i it w Id be tot best interest of the i llege Station that the pro on nts of the reation uch p itical subdivi 'ons expres 1 g e and covenant, hoe to dhere to uc ru s, gulatio an standa ds, as promulgated by the City llege S tion. NOW, THE EFORE, BE IT ORDAIN BY TH CI CO C L OF THE CITY OF COLLEGE StrATION, TEXAS, THA : Section 1. The City Council of t e City of eg tatio hereby finds, determines and declares that` t is to the best i erests of th City o Colle a Station and of the territory within its extraterrit/othe diction, that the pro onents f any political subdivision having as one of its pe supplying of fre water for domestic or commercial uses, or the furnishiary sewer s ces, when such district is sought to be created within the arxtraterritorial jurisdiction of the City of College Station shall as a prerequisiritten consent of the City of College Station agree and covenant in writing,o the following rules, regulations and standards: "Section 1. (a) Bonds may be issued by the district only for the purpose of purchasing and constructing, or purchasing or constructing or otherwise acquiring waterworks systems and sanitary sewer systems, and, with the prior written consent of the City of College Station for drainage facilities, y + i Ordinance No. 877 Page 2 and to make any and all necessary purchases, constructions, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary land, rights -of. -way, -easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain same, and to sell water and other services within or without the boundaries of the district. Such bonds may not be exchanged for property acquired by purchase, or in payment of the contract price of work done or services rendered for the use and benefit of said district. Such bonds and all re- funding bonds issued by the district shall only be sold after the taking of public bids therefor and all bonds and refunding bonds shall be sold for cash for not less than ninety-five per cent (95%) of par, provided the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two per cent (2%) above the average interest rate reported by the Daily Bond Buyer in its weekly "Twenty Bond Index" in its most recent issue published immediately prior to the date of the sale of such bonds. Provided, however, the net effective interest rate of any such bonds shall never under any cir- cumstances, exceed eight and three-quarters per cent (8-3/4%) per annum. Such bonds shall contain an option for prior redemption on any payment occur- ring fifteen (15) years after issue date. Such bonds shall further be issued under terms and conditions approved in writing by the City of College Station. (b) The district shall submit the plans and specifications for all construction of water and sanitary sewer facilities to such city for approval and such district must obtain the approval thereof by such city before commencing con struction thereof. The construction of the district's water and sanitary sewer facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City of College Station and during the progress of the construction and installation of such facilities, the City Engineer of the City of College Station or an employee thereof, shall make periodic on -the -ground inspections, and no such construction shall be started or undertaken by the district unless it has in its possession the following: (c) A certificate of the district's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that, in his opinion, such construction conforms to said city's established standards and specifications; and a letter of certificate of the City Engineer of said City of College Station that, in his opinion, such construction conforms to said City's established standards and specifications; moreover, the Owner or the Developer of the land shall convenant and agree that he or they will, prior to the sale of any lot or parcel of land, obtain the approval of the Planning and Zoning Commission of the City of College Station of a plat and properly record, it, and otherwise comply with the Rules and Regulations of the Planning and Zoning Commission of the said. City, as contained in the City of College Station Subdivision Ordi- nance No. 690. Ordinance No. 877 Page 3 rr+, (d) Full-time resident inspection shall be provided during the construction period, by inspectors approved by the City Engineer of the City of College Station which inspectors shall be removed upon request by said City Engineer if found not to be competent. In addition, an additional inspector or inspectors shall be furnished, if deemed necessary by the City Engineer. Daily inspections reports shall be furnished, with a copy to the City of College Station. All con- struction contracts shall be let on a competitive bidding basis with the contract to be awarded on the basis of the lowest and best bid by a responsible, competent contractor, which bid shall include evidence of financial condition of bidders. Bid bonds, payment bonds, performance bonds, and affidavits of payment shall in all cases be required. Upon completion of construction, submission of com- plete set of "as built" plans to the City of College Station by the engineer for the district shall be required. (e) At least one of the members of the initial Board of Directors shall be a person selected by the City Council of the City of College Station. (f) The District shall not be permitted to escrow any funds in excess of two (2) years interest on the bonds which the District issues and shall levy a tax simultaneously with the first installment of such bonds and to continue a tax levy until such bonds are paid in full. The District will use a tax valuation ratio and a tax rate not less than that used by the City for its tax roll, so that the District tax will not be less than the City tax on comparable property. (g) The instruments creating such District shall include terms and conditions which will require the City of College Station consent be given to the Attorney General of Texas prior to his final approval of any installment of bonds. (h) The District rates for water and sewer service shall be no less than the rates charged by the City of College Station to its customers. (i) The City of College Station will furnish complete financial advisory service to the District, which service will include recommendations to the Board of the District as to the amount of bonds that should be authorized, the installment sale of such authorization, the maturity schedule of each installment, the optional provisions to be contained in such bonds, and to recommend and supervise the final sale and delivery of the District bonds. 0) The District will contract with the City of College Station for treatment of the District's sewage for the City's cost plus ten per cent. (k) Except to the extent of any conflict with any of the aforesaid provisions, the provisions of Article 7880-117, V. A. C. S. , as amended, shall apply in their entirety to said political subdivision. Section 2. Upon application by the proponents of any such proposed political subdivision, to the 'City Council of the City of College Station,-thd'City Council of the City of College Station shall consider all factors relevant to the creation of such political subdivision, and, if upon the basis of its consideration and deliberations, determines that such consent shall be given, the written agree- ment of the proponents of such political subdivision, to adhere to the rules, regulations, and standards contained in this ordinance, shall be a prerequisite to the granting of such written consent. Ordinance No. 877 Page 4 Section 3. Upon application the proponents shall deposit the sum of Twenty Thousand Dollars ($20, 000. 00) with the City of College Station to reimburse the City for all fiscal, legal and engineering fees and expenses prior to the date of consent to the creation of the District in reviewing the feasibility of creating, the necessity for creating the District, and the terms and conditions upon which the consent to the creation of the District should be given. Such sum shall be used by the City for the purpose of paying said costs incurred prior to the date the City consented to the creating of the District. That any part of the deposit not needed for the purpose of paying such fees and expenses, shall be returned forthwith to the proponents. It is understood that the fees and expenses paid will be those actually incurred by the City and the City will make an accounting to the proponents. In the event the City should necessarily incur additional expenses in reviewing this financing for the District, other than those in- curred in levying and assessing the taxes, those incurred for the expansion of the City's sewage treatment plant, those incurred in .operating the water and sewer system and providing other services to the District by and upon request of the District, and not required by the Resolution consenting to the creating of the District, then the proponents agree to reimburse the City for such cost upon demand. Section 4. This Ordinance shall take effect and be in full force from and after its passage and approval. PASSED AND APPROVED this the 28th day of May, 1973. APPROVED: Mayor ATTEST: City Secretary