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HomeMy WebLinkAboutORD 09-065 ORDINANCE NO. 09-065 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE IV, WATER AND SEWER LINE EXTENSIONS, SECTIONS 28-80, 28-81 AND SUBSECTION 28-82(2), AND ADDING A NEW SECTION 28-88; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article IV, Section 28-80, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding the following definition: Boundary sanitary sewer lift station: A sanitary sewer lift station built for serving a specific development, which can also serve property not included in the development but adjacent to it that may develop in the future. Section 2. That Chapter 28, Article IV, Section 28-81, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 28-81. Purpose and scope. The purpose of this article is to establish a policy for the city for extending sanitary sewer and water lines and for the sewer and water service connections to such extensions, and to establish rules governing such extensions and connections. The article also establishes rules governing the construction of sanitary sewer lift stations. It is not the intention of this article to obligate, and the city shall not be obligated to participate in or proceed with any construction covered by this article when funds are not available or when, in the discretion of the director of water utilities, the construction is not practical. It is not the intention of this article to limit the right of the city to extend sanitary sewer or water lines at its own cost and collect the charges herein set forth from the applicants for sewer or water service, and such right is herein reserved. The city shall own all sewer lines, water lines, and sanitary sewer lift stations, including service connections, constructed and accepted under the terms of this article. Section 3. That Chapter 28, Article IV, Subsection 28-82(2), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 28-82. General rules for extensions. (2) Developments: The owner of a development shall pay for and install all sewer and water lines and necessary appurtenances thereto within the boundaries of the development. The city will extend sewers or water lines of proper capacity outside the boundaries of the development to service the development after the following applicable requirements have been satisfied: (a) The owner of the development shall pay all costs for installation of sewer or water line extensions required to extend services to the boundary of the development. (b) Should the extension involve the construction of a boundary sewer or boundary water line,the owner of the development shall pay double pro rata to the city based on the footage of the development property abutting the boundary sewer or boundary water line, as applicable. (c) Should the city require water line extensions or interior water lines larger in size than required for the development so long as said water lines are between the sizes of six (6) inches and sixteen (16) inches, inclusive, the city shall pay one and one-half (1.5) times the difference in cost of materials for said water lines. Also, due allowance shall be made to the owner of the development for intersections and alleys crossed, outside the development. Should the city require sewer line extensions or interior sewers larger in size than required for the development, the city shall pay for that portion of material cost over and above such requirements. Also, due allowance shall be made to the owner of the development for intersections and alleys crossed, outside the development. (d) No sewer or water line extension shall be scheduled until all charges specified herein have been paid by the owner of the development to the city. Section 4. That Chapter 28, Article IV, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new Section 28-88 to read as follows: Sec. 28-88. Sanitary sewer lift stations. If a boundary sanitary sewer lift station is required to provide sanitary sewer service to the development, the developer should be responsible for the design and construction costs of such sanitary sewer lift station and all related appurtenances. The City may require the developer to increase the structure, motor, and pump sizes of the sanitary sewer lift station to accommodate future developments in the area. If funds are available, the City will participate in the construction cost for acreage outside the limits of the proposed development. The City's participation value shall be determined by the number of acres outside the limits of the proposed development multiplied by the sanitary sewer lift station construction cost per acre at the time of installation. The City will not participate in any cost if the structures is sized for the proposed subdivision and additional wastewater flow to the sanitary sewer lift station will only require pump and motor changes and/or modifications. The owners of future adjacent developments that have to discharge wastewater to an existing boundary sanitary sewer lift station, must reimburse the City or the developer of the sanitary sewer lift station. The pro-rata reimbursement will be determined based on the total acreage the sanitary sewer lift station was required to accommodate and the sanitary sewer lift station construction cost per acre. The reimbursement value shall be determined by number of acres added to the sanitary sewer lift station multiplied by the construction cost per acre at the time of installation. The owners of the new developments will also be responsible for any and all required changes and/or modifications to the existing pumps and motors. The construction cost of a sanitary sewer lift station shall be obtained through a bidding process abiding by State procurement laws to guarantee compatible pricing to the City and the Developers. The date when the sanitary sewer lift station was built will not affect the content of this Ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2009. t M ll 10 - ayor Becky Ames - � olll�r