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HomeMy WebLinkAboutORD 86 FFyi s ORDINANCE NO. 21, ENTITLED AN ORDINANCE -ESTABLISHING A POI.ICY FOR THE CITY OF BEAUMONT FOR EXTENDING SANITARY SEWER AND WATER LINES AND FOR THE SERVICE CONNECTIONS TO SUCH EXTENSIONS; ESTAB- LISHING RULES GOVERNING SUCH.,EXTENSI©NS AND CONNECTIONS; PROVIDING FOR THE -PAYMENT OF -CERTAIN COSTS OF SUCH EX- TENSIONS; PROVIDING FOR REIMBURSEMENT OF CERTAIN PAYMENTS; PROVIDING FOR CERTAIN CHARGES BEFORE SERVICE CONNECTIONS ARE MADE; PROVIDING CONSTRUCTION REQUIREMENTS FOR CON- STRUCTION OF SEWER AND WATER. LINES;_PROVIDING EXCEPTIONS TO THE POLICY; AND REPEALING SUBSECTION (1) OF SECTION 32-15 AND SUBSECTION (1) OF SECTION 40-10 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. Purpose and Scope. The purpose of this ordinance is to establish a policy for the City of Beaumont_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. It is not the intention of this ordinance to obligate, and the City shall not be obligated to participate in or proceed with any construction covered by this ordinance when funds are not available or when, in the discretion of the Director of Public Works, the construction is not practical. It is not the intention of this ordinance 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 of Beaumont shall own all sewers and water lines, including service connections, constructed and accepted under the terms of this ordinance. Section 2. Definitions. For the purposes of this ordinance, the following definitions shall apply: (1) Development: A subdivision, under the terms of Article 974a, Vernon"s Texas Civil Statutes and The City of Beaumont's subdivision regulations. (2) Lot: Land occupied or intended for occupancy by a main building together with its accessory buildings, and the yard and parking spaces required, and having its principal frontage upon a street as defined herein. (3) Street: A public thoroughfare which has been dedicated or deeded to the public for public use, which has been officially approved by the governing body of the City, and which affords the principal means of access to property abutting it. (4) Boundary Sewer: A sewer installed in a street bounding a develop- ment or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street. (5) Boundary Water Line: A water line, installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street. (6) Pro Rata: Pro rata is the charge per front foot of abutting land to be paid by the lot owner or owner of a development to aid in defraying the cost of supplying sewer service or water service (as the case may be) to their lot or site. The amount of the charge will be determined, posted, and modified as required by the department. (a) Single pro rata: The charge based on the front footage of abutting land on only one side of the street or easement. (b) Double pro rata: The charge based on the front footage of abutting land on both sides of the street or easement. (7) Ownerb Front Footage: Owner's front footage, for purposes of determining pro rata charges to be paid by the owner of a lot for sewer service or water service and for which there will be no reimbursement, shall be de- termined by the owner's lot condition, as follows: (a) A Regular Lot'is a lot generally rectangular in shape. Front footage of a regular lot shall be measured along the property line facing the street. (b) An Irregular Lot is any lot of a non -rectangular shape, except the Radial Lot defined below. The front footage of an irregular lot shall be equal to one front foot for each 125 square feet of lot area, but shall never exceed the maximum measured width of'the lot at any depth of the lot, parallel, to the street line. (c) A Radial Lot is a lot abutting a curved street and in general having sides which are radial to the street. Front footage of a Radial Lot shall be measured as the chord distance at a point 25 feet from the front property line. (d). A Corner Lot is a lot situated on the corner of a block and having more than one side facing a street. Front footage shall be measured along the side of the lot to which service connection is made. -2- 01�d l F-6- FF (8) Department: The Public Works. Department of the City of Beaumont. (9) Director: The Director of the Department of Public Works or his appointed representative. (10) -Engineer: A Professional Engineer licensed.by the State of Texas. Section 3. General Rules for Extensions. Sanitary sewer lines.or water lines will be extendedin the city limits in accordance with the following rules: (1) Individual Lots: 'Sanitary sewers and water lines of proper size will be extended by the City in its easementsand streets to serve individual lots, according to the following rules: (a) For the first 300 feet of the extension (not including the width of street intersebtions and alleys), the lot .owner requesting extension" shall pay single pro"rata for the distance of the extension. This nro rata. ;G reimbursable as hereinafter provided -,except for the pro rata paid on the owner's front footage. - (b) For the remainder..of the,extension required to install the, sewer or water line across the .total width -,of the lot of the owner requesting extansion,'the lot owner shall pay double pro rata. This pro rata is reimburse- able,as hereinafter provided, except for the pro rata paid on the owner's front footage. (c). Should the lot owner requesting .extension require a sewer or water line in.excess.of the size required by the 'City, the owner shall pay all additional costs,for the oversize sewer or waterline. (d)In addition to the payments specified above, the lot owner or customer must pay the appropriate service connection charges before service co'- nections.can be made. (e) No,construction-shall be scheduled mr begun by the City until all extension charges.have been paid to the City. (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. Lift stations required by the development within its boundaries shall*be' paid for and installed by the owner of the development. The City will extend sewers or water lines of proper' -capacity outsid' the boundaries of the development to service the development after the following -3- applicable requirements have been satisfied: (a) The owner of the development shall pay.all costsfor 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 sewer or water line extensions or interior sewers or water lines larger in size than required for the development the City shall pay for that portion of material cost over and above such re- quirements. 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. Charges for Sewer and Water Service. When no extension of sanitary sewers or water lines (as the case may be) is necessary to serve an applicant for service, the applicant shall pay pro rata on owner's front footage in addition to the service connection charge before connection is made to the sewer or water linea However, if the sewer or water line is within a development, or if the connection is to be made to a sewer or water line existing on the date of passage of this ordinance, only the service connection charge shall be paid. Section 5. Reimbursement. (1) Owners of lots or developments who participate under this policy in the cost of sewer or water line extensions to their lots or sites are eligible for certain reimbursement of such cost, as specified herein,.from the City. Except as provided in (2) below, such owners are eligible for reimburse- ment to be made from pro rata collected by the City from connections to the sewer extension or water line extension (as the case may be) during the period of five (5) years after completion,- of the extension, according to the following rules: (a) No reimbursement shall be made to a lot owner for the owner's front footage pro rata. No reimbursement'shall be made to a development owner for the cost of sewers or water lines within the boundaries of the development. (b) Upon written application of the owner, reimbursements shall. be made once each year during the month of October to cover reimbursable charges collected during the preceding fiscal year. (c) A lot owner will be reimbursed one half the amount of pro rata collected from connections to that portion the first 300 -foot section provided for in Section 3 (1) (a) above, up to the boundary of the owner's lot. (d) A lot owner will be reimbursed the amount of double pro rata collected from connections to extensions in excess of the 300 -foot section pro- vided for in Section 3 (1) (a),up to the boundary of the owner's lot. (e) A lot owner will be reimbursed the amount of single pro rata collected for connections from owner's opposite frontage. (f) Owners of developments will be reimbursed the amount of pro rata collected from connections to offsite extensions (outside the development) and boundary sewers and boundary water lines for which they have mace payment. (g) An owner will never be paid more than 100% of the amount actually paid by such owner for extensions along frontage other than his own property. (h) No reimbursements shall be made by the City to an owner after one year from the end of the five=year.period of eligibility. (2) In addition to the reimbursements provided for above, -the owner of.a lot used for an industrial or commercial establishment, who has paid additional costs for oversized water lines, as provided in Section 3 (1) (c), shall be eligible for additional reimbursement from water revenues from the said water line extension, in the amount of 40% Zof:.::. the annual gross revenue, for a period of five (5), years from the date of completion of the extension, provided that the additional reimbursement shall never exceed 80% of the total additional cost of the extension. Section 6. Extensions Outside of City Limits. The City may, with specific. -approval of the City Council, extend sewer or water service outside of the city limits, according to the following rules: (1) The provisions of Section 3, with the exception of the reimbursement -5- 1 A_ provisions, shall apply tp sewer and water line extensions outside the city limits. (2) Any lot owner applying for service connections to sewers or water lines extended under the terms of this ordinance shall pay single pro rata on the owner's front footage. (3) All applicants for sewer or water service shall pay double the service connection charge applicable within the City. (4) There shall be no reimbursement for extensions outside the city limits. Section 7.. Construction Requirements. (1) Before work begins under a contract for construction of sewers or water lines in a development, proof of the following must be submitted to the Director by the owner of the development: (a) All construction will be in accordance with department approved plans and specifications. (b) The contractor has public liability insurance in the amount of not less than $100,0001$300,000 for bodily injury and $20,000 for property damage. (.c) The contractor has obtained a 100% performance bond covering construction of the facility to be built. (d) The contractor has furnished a maintenance bond to'the City, executed by the contractor and a surety company authorized to do business in Texas, guaranteeing to maintain the facilities for a period of one year after their completion and acceptance by the City. (2) When all of the requirements of this section have been,mQt, the Director will issue a letter to the owner of the development giving permission to begin construction. (3) All sewer and water line installations shall be designed in accord- ance with criteria and specifications established by the department. (4) All engineering services shall be provided by the City for extensions to individual lots with costs thereof included in the total cost of construction. (5) All engineering services required, including resident inspection, for construction of sewers or water lines within the boundaries of developments, shall be furnished by the development's engineer. -Plans, specifications and contract documents shall be approved by the department prior to construction. M (6) Responsibility for resident inspection of construction shall be included in and a part of the engineering services set forth above. During actual construction, the engineer, or his representative, shall be on the site at all times. The engineer shall have the right to halt construction when there is an indication that the plans and specifications are not being or have not been followed until such deviations are corrected to his satisfaction. The engineer shall, upon satisfactory completion of the project, issue to the director a letter certifying the construction meets the requirements of all the plans and specifications and was completed to the satisfaction of the engineer. (7) In addition to the resident inspection specified above, and where resident inspection is not a responsibility of the department, department inspec- tors shall visit the site periodically and upon project completion, shall re- commend to the director that final approval be given. (g) The owner of a development desiring sewer or water line extension to its boundary shall submit a written request to the director listing the lots and blocks of the property abutting the extension. Two approved plats of the area to be served shall be included with the request and become the property of the City. If the area for which service is requested is part of a larger area owned or controlled by the owner of the development and which can reasonably be expected to require future extensions, then two preliminary plats of the larger area shall also be submitted showing a tentative design of overall layout for the entire area. Section g. Exceptions to Policy. The owner,,.ofadevelopment will be excepted from the provisions of this ordinance and be governed by the policy of the City in effect at the time of passage of this ordinance if: (1) The subdivision has preliminary approval of the Planning and Zoning Commission on or before August 1, 1963; and (2) The subdivider submits acceptable construction drawings and specifications for the subdivision improvements on or before August 1, 1963; and (3) The completed water and sanitary sewer improvements in the sub- division are completed and accepted by The City of Beaumont before January 31, 1964. WA Section 9. Repeal. (1) Subsection (1) of Section 32-15 of the Code of Ordinances of Beaumont. Texas, is hereby specifically repealed'. (2) Subsection (1) of Section 40-10 of the Code of Ordinances of Beaumont, Texas, is hereby specifically repealed. PASSED by the City Council this day of ,-,_�, /' , A. D., 1963. �� ! - Mayor -