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Home My WebLink About1978-1141 - Ordinance - 12/28/1978T ORDINANCE NO. 1141 AN ORDINANCE ESTABLISHING A POLICY, TERMS, RATES, FFES, CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING WATER AND SANITARY SEWER LINES IN THE CITY OF COLLEGE STATION, TEXAS; PROVIDING FOR EXTENSION OF WATER AND SEWER LINES FOR INDIVIDUAL OWNERS; PROVIDING FOR EXTENSION OF WATER AND SEWER LINES FOR DEVELOPMENT; PROVID- ING FOR THE INSTALLATION OF LIFT STATIONS AND PACKAGE TREATMENT PLANTS FOR DEVEL- OPMENT; PROVIDING FOR EXTENSION OF WATER AND SEWER LINES FOR INDUSTRIAL OR COMMERCIAL USES; PROVIDING FOR A FEE FOR THE USE OF EXISTING WATER AND SANITARY MAINS; AND PROVIDING FOR VALIDITY AND SEVERABILITY. WHEREAS, the City Council of the City of College Station finds it necessary to provide for an equitable basis of payment for the extension of water and sewer service to property owners desiring such service, and WHEREAS, the City Council finds this ordinance, to be known hereafter as "The City of College Station Water and Sewer Extension Ordinance," will be in the public in- terest, and will better serve public necessity, convenience, and welfare; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. EXTENSION OF WATER AND SEWER MAINS FOR INDIVIDUAL OWNERS. 1.A - Upon request of the owner of a given lot or tract of land, and the approval of the City Council of the City of College Station, the City of College Station may extend water and/or sanitary sewer mains and necessary appur- tenances to said lot or tract of land, provided that the pro-rata charge for the distance that said mains have to be extended shall first be deposited with the City. 1.B - The pro-rata rates for individual owners shall be determined by the City Council of the City of College Station at the time the request for an ex- tension is made. Said rates shall be established to allocate the cost of the extension based upon the total front footage of said extension. 1.0 - DETERMINATION OF PRO-RATA CHARGE 1.C.1 - The above front foot rates shall apply to all property regardless of its depth. Lots or tracts of land occupied exclusively by one single-family dwelling shall pay on a maximum of 200 front feet. Should such property be later subdivided then the terms of this ordinance shall apply. Where lots or tracts of land are irregular in shape the pro-rata charge shall be based upon the median width of such lot or tract. 1.C.2 - The pro-rata charge shall be determined by measuring the frontage from the existing water or sanitary sewer mains to and including all frontage of that lot or tract of land where service is desired. Property already hav- ing water and/or sanitary sewer service, other than temporary, shall be. charged the pro-rata charge based on the frontage in excess of 200 feet. 1.D - At the time the pro-rata charge for the total distance the water and/or. sewer main is to be extended is deposited with the City, a footage credit shall be applied to all of the lots or tracts of land that front on this water and/or 03019 ORDINANCE NO. 1141 Page 2 sewer main. The person paying the pro-rata charge shall designate any of such lots or tracts that he desires to receive pro-rata credit. No further pro-rata charge or refunds for said designated lots or tracts shall be made. 1.E - After all the pro-rata requirements have been met, the requested water and/ or sewer main extension will be made by the City of College Station. When any property for which the pro-rata charge has been advanced request connec- tion to said water and/or sewer main extension the total pro-rata charge advanced for that tract shall be deposited with the City of College Station. At the time such connection is made, the pro-rata charge advanced for said tract may be refunded to the person making the original deposit. 1.F - The above methods shall be available only for use by a person to secure water and/or sanitary sewer service for said person's residence or place of busi- ness. SECTION 2. EXTENSION OF WATER AND SEWER LINES FOR DEVELOPMENT. 2.A - Upon the request of the owner of property which has been subdivided or plat- ted for development and resale, and the approval of the City Council of the City of College Station, the City of College Station may extend water and/or sewer mains necessary as off -site extensions required to serve development, provided that the pro-rata charge for the total distance that the line has to be extended is first deposited with the City. 2.B - The pro-rata rate for off -site water and/or sewer mains extended to serve development shall be determined by means of using the estimated total cost of construction of the off -site extension being requested based upon the then -current costs of construction. The pro-rata charges shall be allocated on a dwelling unit served basis. Water and sewer pro-rata rates shall be determined by means of the following formula: Cost per unit = Total Estimated Cost Total Number of Units Served 2.0 - DETERMINATION OF PRO-RATA CHARGE 2.C.1 - The pro-rata charge shall be determined by allocating a number of units to be served for each tract which fronts the water and/or sewer extension. The number of units to be allocated to each tract shall be determined by means of the City of College Station Comprehensive Plan. 2.C.2 - At the time the pro-rata charge for the total distance the water and/or sewer main is to be extended is deposited with the City, a dwelling unit credit shall be given to all property which fronts on said extension. The person paying the pro-rata charge shall designate any subdivision or tract of land that he desires to receive pro-rata credit. No refunds for said designated subdivisions or tracts of land shall be made. 2.C.3 - The City of College Station may accept a completed water and/or sewer main in place in lieu of cash for the total pro-rata charge. 2.D - After all the pro-rata requirements have been met, the requested water and/or �)3020 Ir ORDINANCE NO. 1141 Page 3 sewer main extension will be made by the City of College Station. When any '+ property for which the pro-rata charge has been advanced request connection to said water and/or sewer main, the pro-rata charge for the number of units to be served shall be deposited with the City of College Station prior to the actual connection to said extension. No additional units shall be served until the per unit pro-rata charge is deposited with the City. At the time of any connection to the above -mentioned water and/or sewer main, the person making the original deposit may request that the per unit pro- rata charge advanced for said connection be refunded. Refunds to the person making the original deposit may be made for a period of seven (7) years after the completion of said water and/or sewer extension. SECTION 3. INSTALLATION OF LIFT STATIONS AND PACKAGE TREATMENT PLANTS FOR DEVELOP- MENT. 3.A - Upon the request of the owner of property which has been subdivided or plat- ted for development and/or resale, and the approval of the City Council of the City of College Station, the City of College Station may construct lift stations and/or package treatment plants required to serve development, pro- vided that the total pro-rata charge for the facility to be constructed is first deposited with the City. 33 - The pro-rata rate for lift stations and/or package treatment plants shall be determined by means of using the estimated total cost of the facility based upon the then -current costs of construction. The pro-rata cost shall be allocated on a dwelling unit served basis. Lift station and package treatment plant pro-rata rates shall be determined by means of the following formula: Cost per unit = Total Estimated Cost Total Number of Units Served 3.0 - The pro-rata charge shall be determined by allocating a number of units to be served for each tract which may be served by the lift station and/or pack- age treatment plant. The number of units to be allocated to each tract shall be determined by means of the City of College Station Comprehensive Develop- ment Plan. 3.D - At the time the pro-rata charge is deposited with the City, the person making the deposit shall designate any subdivision or tract of land that he desires to receive pro-rata credit. No further pro-rata charge or refunds for said designated subdivision or tract of land will be made. 3.E - The City of College Station may accept a completed lift station and/or pack- age treatment plant in place in lieu of cash for the total pro-rata charge. 3.F - After all the pro-rata requirements have been met, the request lift station and/or package treatment plant will be constructed by the City. When any property for which the pro-rata charge has been advanced request connection to said lift station and/or package treatment plant, the pro-rata charge for the number of units to be served shall be deposited with the City of College Station prior to the actual connection to said lift station and/or package treatment plant. No additional units shall be served until the per unit 03021 ORDINANCE NO. 1141 Page 4 pro-rata charge is deposited with the City. At the time such connection is made, the pro-rata charge advanced for said property may be refunded to the person making the original deposit, if said person requests the refund. Such refunds may be made for a period of seven (7) years after the completion of the lift station and/or package treatment plant. SECTION 4. INDUSTRIAL OR COMMERCIAL EXTENSION. Where extension is requested by an industry or commercial concern using large quantities of water, said industry or commercial concern shall follow the procedures and pro-rata charges set forth in Section 2 of this ordinance. SECTION 5. WATER AND SEWER IMPROVEMENTS BY ASSESSMENT. Upon the recommendation of the Director of Public Works, the City Council may consider and determine the necessity for the extension and construction of water and/or sanitary sewer main improvements by providing for the payment of a part of the cost of such improvements by assessments to be made against the benefitted property and the owners thereof under the terms and provisions of Article 111Oc, V.T.C.S., as amended, and as may hereafter be amended. SECTION 6. FEES DUE FOR EXISTING MAINS. 6.A - When an existing water or sanitary sewer main lies in a street, alley, or easement in or adjacent to an area or tract of land to be subdivided and developed, the developer shall pay to the City the applicable pro- rata charge for the water and/or sewer main before extensions from or connections to such line or lines are made. 6.6 - Pro-rata charges for existing water and/or sanitary sewer mains shall be determined by the methods set forth under Section 23 of this ordinance. 6.0 - Charges due the City from developers for existing mains serving the development will be set off against refunds which are or will become due the developer for oversize mains in the same development. Charges due the City in excess of refunds will be paid before water or sanitary sewer service is made available to the development. Such monies shall be paid to the City and will constitute a charge for use of such water and/or sanitary sewer main in place. SECTION 7. COLLECTION NOT REQUIRED BY CITY. Nothing herein shall be deemed to require the City of College Station to collect any applicable pro-rata charge and the failure to collect such charge shall not subject the city to any liability for same. SECTION 8. SEVERABILITY CLAUSE. If any section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby. 0302Z ORDINANCE NO. 1141 Page 5 SECTION 9. REPEAL OF PRIOR ORDINANCES All ordinances, orders, or parts of ordinances in conflict with this ordin- ance, or inconsistant with the provisions of this ordinance are hereby repealed to the extent necessary to give this order full force and effect. PASSED AND APPROVED this 28th day of December, 1978. APPR VED Mayor ATTEST ATTEST Al City Secretary ()3O23