§ 66-59. Water and sanitary sewer installation.
(a)
Developments may be approved with alternative water facilities according to the following criteria:
(1)
Water well operation and quality shall meet the minimum requirements of the Texas Commission On Environmental Quality (TCEQ), city health ordinances, and all other regulatory agencies, if applicable.
(2)
Water wells shall not be used for commercial sale of potable water.
(3)
Cost to tie onto the city water system exceeds the certified initial capital cost of a well by 25 percent. All cost and engineering design shall be submitted by a registered professional engineer, licensed by the state. All costs and engineering designs submitted shall be approved by the city's engineer and environmental services. By state law, if a residence is within 100 feet of a domestic water supply, that residence must hook up to that service.
(4)
An applicant for approval of an individual water well shall submit the following evidence to the director of public works:
a.
Water quality tests;
b.
Affidavits stating that no more than three families will use the well, and the well water will not be used in any commercial sales; and
c.
A certified cost estimate of well installation.
(5)
The installation of an individual well must be a minimum distance of 150 feet from any domestic water line. Upon review of this evidence, the director of public works may issue a water well permit.
(b)
The following requirements shall apply to public water mains:
(1)
The city shall determine the size of the "approach water main" required to reach the development to be served by the application of its standard design criteria, including the comprehensive master plan requirements. The city's engineer may require the developer to submit engineering studies and recommendation in this regard. If the "approach main," so determined to be required, is 12 inches or smaller, the full cost of the "approach main" shall be paid by the developer, regardless of the size required by the development alone. If the size of the "approach main," so determined, is greater than 12 inches, the city may pay the extra size cost above a 12-inch main, if funds are available. In case a single development will require larger than a 12-inch water main, the developer will pay the full cost of the line required to serve the development.
(2)
In developments where street grading is required as part of the development, no water facilities shall be installed until streets to contain the facilities are put to subgrade, without written permission from the city's engineer.
(3)
If there is a question as to the size of the facilities required, it shall be resolved in favor of additional capacity.
(c)
The following requirements shall apply to sanitary sewer facilities:
(1)
The city shall determine the size of the "approach sewer mains" required to reach the development to be served by the application of its standard design criteria, including the comprehensive master plan requirements. The city's engineer may require the developer to submit engineering studies and recommendations in this regard. If the "approach main," so determined to be required, is 15 inches or smaller, the full cost of the "approach main" shall be paid by the developer, regardless of the size required by the development alone. If the size of the "approach main," so determined, is greater than 15 inches, the city may pay the extra cost above a 15-inch main, if funds are available. In case a single development will require larger than a 15-inch sewer main, the developer will pay the full cost of the line required to serve the development.
(2)
In developments where street grading is required as part of the development, no sewer facilities shall be installed, until streets to contain the facilities are completed to subgrade, without written permission from the city's engineer.
(3)
If there is a question as to the size of the facilities required, it shall be resolved in favor of additional capacity.
(4)
Sanitary sewer and water mains and laterals shall be located in the street right-of-way behind the curb unless otherwise agreed in writing by the city's engineer, where conditions make it necessary to locate a sanitary sewer or water main in an easement or under street pavement.
(d)
Modification of existing water or sewer facilities to accommodate new development shall be subject to the following requirements:
(1)
No building shall be constructed over an existing sanitary sewer, lateral or water main unless recommended in writing by the city engineer and approved by the city council.
(2)
When it is necessary to relocate or replace an existing water or sewer facility to accommodate the use of a tract or lot contemplated by the owner developer, the cost of work shall be borne 100 percent by the developer; except that should the city elect to increase the size of the existing water or sewer facility to be replaced or relocated, the city may pay the difference in cost of the pipe only, if funds are available.
(3)
The developer shall, without charge to the city, furnish such easements or rights-of-way on the property, as may be required to accomplish construction of the relocation or replacement.
(e)
Special assessment utility construction policy for construction of water or sanitary sewer facilities shall be subject to the following requirements:
(1)
Criteria for establishing the eligibility of water or sanitary sewer projects for construction under this special policy:
a.
The owners of at least 50 percent of the benefited and assessable property must have signed a petition, requesting that the city council certify that there is the necessity for the improvements to be considered for construction under the assessment utility construction policy, and such petition must have been filed with the city secretary; or
b.
In the alternative, the city council may approve a recommendation by the city administrator that, due to special circumstances, such as the impending pavement of a street in which a future water or sanitary sewer extension would be required, it is in the city's best interest to construct certain water or sanitary sewer improvements under the assessment utility construction policy, even though it may not fully meet the requirements of the guidelines in subsection (e)(1) a. of this section.
(2)
When a water or sanitary sewer facility extension has been judged under the foregoing criteria to be eligible for consideration for construction under the special assessment policy, the city shall follow the procedures set forth in V.T.C.A., Local Government Code §§ 402.061—402.075 (subchapter D).
(f)
Refunds to developers shall be regulated as follows:
(1)
A developer who participates in the cost of an "approach main," either water or sanitary sewer, may be eligible for refunds equal to, but no greater than, 100 percent of his participation in the cost of the "approach main" for a period of ten years after the completion of construction. These refunds will be made annually during the last two months of the calendar year for the preceding fiscal year of the city. If funds subject to refund remain uncollected by the person to whom they are due for one year after the end of the ten-year refund period, they shall become the property of the city.
(2)
A special contract agreement shall be drawn between the city and the developer, setting forth all terms and conditions of the refund for water or sewer approach mains. The refund shall be based on an area, front foot, lot or other criteria, as recommended by the city administrator. The city council shall approve all contracts for a refund to developers of the cost of approach water or sewer mains.
(g)
Single customer charges when connecting onto city water or sewer mains shall be regulated as follows:
(1)
A single customer connecting on to an existing city water or sewer main, if the lot or tract is a lot or tract of record, will pay to the city the cost of the water connection, water meter and sewer tap.
(2)
A single customer establishing a new building site or sites will be considered a developer and will pay to the city the cost of the water connection, water meter, and the current rate per foot (if same has been established as a requirement for the main) for each front foot water main between the boundaries of the property to a maximum of 150 feet. The single customer will pay to the city the cost of the sewer connection and the current rate per foot for each front foot for (if same has been established as a requirement for the main) the sewer main between the property boundaries to a maximum of 150 feet. Each building site established will be considered a single customer and will be required to pay these charges. If a single customer divides a building site into two or more building sites and has previously paid for the maximum 150 feet of water or sewer main on the original single customer site, the charge for the newly established building site or sites will be the charges for the front footage over the 150 feet previously paid for water or sewer mains.
(3)
A single residential customer tying into a water or sewer main that is designated as a "refundable approach main" will pay the same as in subsection (g)(2) of this section.
(4)
A single commercial or industrial customer connecting onto a water or sewer main that is designated as a "refundable approach main" will pay no less than the charges as stated in subsection (h)(2) of this section but, due to the size of the tap and other needs, may be required to pay more than the charges stated in subsection (g)(2) of this section.
(h)
Ownership and maintenance of water and sewer mains and service connections shall be regulated as follows:
(1)
The title to all sanitary sewers constructed, including "sewer service connections" located in a right-of-way or dedicated easement, shall be vested in the city.
(2)
The developer, or single customer, will be responsible for the normal maintenance of the sanitary sewer service connection, unless replacement of the service is required under the roadway or pavement. When replacement is determined to be necessary by the director of public works, the city shall assume the responsibility for replacement.
(3)
The city shall maintain and operate only those water mains and sanitary sewers the title of which is vested in the city.
(4)
The title to all water mains and water meters constructed, and installed, including the title to "service connections," shall be vested in the city.
(Ord. No. 2007-01, § 35, 1-25-2007)