HomeMy WebLinkAbout90-2837UTILITIES EXTENSION ORDINANCE
ORDINANCE NO. 90-2837
AN ORDINANCE ESTABLISHING A POLICY, TERMS, RATES, FEES,
CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING
WATER AND SANITARY SEWER LINES IN THE CITY OF
PLAINVIEW, TEXAS; PROVIDING FOR CONNECTION TO AND
EXTENSION OF WATER AND SEWER MAINS; DEFINING WORDS AND
TERMINOLOGIES USED; PROVIDING FOR CONNECTION TO
EXISTING MAINS BY INDIVIDUAL OWNERS AND BY DEVELOPERS;
PROVIDING FOR EXTENSION OF WATER AND SEWER 'MAINS FOR
INDIVIDUAL OWNERS AND DEVELOPERS; PROVIDING FOR
SANTIARY SEWER SERVICE TAPS AND FEES; PROVIDING FOR
-WATER SERVICE TAPS AND FEES; PROVIDING FOR RATE
ADJUSTMENTS; LIMITING THE OBLIGATION OF CITY; PROVIDING
FOR DEPOSITS OF FUNDS RECIEVED; PROVIDING FOR REFUNDS;
· ROVIDING CERTAIN EXISTING IMPROVED PROPERTY EXEMPT;
PROVIDING FOR THE INTENT AND PURPOSE OF THIS ORDINANCE;
PROVIDING FOR INEQUITIES AND GRANTING NO VESTED RIGHTS;
PROVIDING FOR PRIOR AGREEMENTS AND CONTRACTS;
PROVIDING FOR PROPERTIES SUBJECT TO THIS ORDINANCE;
REPEALING ORDINANCE NO. 87-2714; PROVIDING FOR VALIDITY
AND SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION' OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Plainview finds it
necessary to provide for an equitable basis the payment for
extensions from and connections to existing water and/or sewer
mains by individual property owners and/or developers of land to
be sub-divided and developed for resale; and whereas, the City
Council finds that this Ordinance, to be known as the "City of
Plainview Water Utilities Extension Ordinance", will be in the
public interest and will better serve public necessity,
convenience and welfare; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW
ARTICr~ I.
CONNECTION TO AND EXTENSION OF WATER AND SEWER MAINS
Section 1.1 Definitions
A. Where used in this ordinance the following words and
terminologies shall be defined as set forth herein.
(1) Individual Owner: A property owner, personal or
corporate, or the agent thereof, desiring connection to existing
water and/or sewer mains or the extension of new water and/or
sewer mains for service to a single lot or tract of land not
previously connected to permanent water and/or sewer mains of
size adequate to serve the requirements of said property owner.
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(2) Developer: Owner or agent of the owner
subdividing and installing utilities to serve lots or tracts for
resale as homes, commercial sites or industrial sites.
(3) City Representative: The person or individual
designated by the City Council of the City of Plainview to
perform the duties and responsibilities of City Representative as
set forth in this ordinance.
(4) Permanent Water Main: A water main 2 inches or
larger in diameter installed in the proper lcoation to serve a
lot or tract of land for which a connection request has been
made.
(5) Permanent Sewer Main: A sanitary sewer main 6
inches or larger in diameter installed in the proper location to
serve a lot or tract of land for which a connection request has
been made.
(6) On-Site Main: Water and/or sewer mains totally
within or adjacent to a lot or tract of land and serving only
such lot or tract of land.
(7) Alonq Site Main: Water and/or sewer mains
adjacent to a lot or tract of land also serving adjacent property
which will be connected to said main and/or mains in the future.
(8) Off-Site Main: Water and/or sewer mains totally
outside a lot or tract of land but which must be installed to
provide service to the lot or tract of land for which connection
is requested.
(9) Over-Size Main: Any water and/or sewer mains
required to be constructed by the City Representative and which
are larger in size than those actually needed to adequataly serve
the property or subdivision being served but not less than eight
inch (8").
(10) Over-Size Cost: The difference between the cost
of the over-size main as constructed and the estimated cost of
the actual size (not less than 8") required to adequately serve
the property or development based upon the then current unit
costs of the sizes of mains and appurtenances plus engineering.
(11) Connection Charge: The charge to be paid per
linear foot of existing water and/or sewer mains to connect a lot
or tract of land to said existing water and/or sewer mains which
shall constitute a charge for the use of such water and/or sewer
mains in place.
(12) Tap Fees: The charges to be paid for each service
tap installed and made by the City of Plainview for connection of
residences, buildings or structures to water and/or sewer mains.
The tap shall include the service line from the main to the
property line or water meter and the water meter and box.
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(13) Connection Charge Escrow Fund: A separate account
established by the City of Plainview into which connection
charges collected for the connection of property or subdivisions
to along-site or off-site mains constructed and paid for after
the effective date of this ordinance by a previous individual
property owner or developer and from which refunds will be paid
to said previous individual property owner or developer.
Section 1.2 Connection to Existinq Mains
A. Connection Allowed Only for Platted Property
(1) Connection of property to existing water and/or
sewer mains shall be permitted to be made to serve only lots or
tracts which have been properly subdivided and platted for
development in compliance with the subdivision regulations of the
City of Plainview and for which a plat with accompanying
~dedication deed has been approved and filed for record unless
such connections are otherwise specifically permitted and
approved by the City Council of the City of Plainview.
B. Connection by an Individual Owner
Where an individual owner requests connection of a
single lot or tract to an existing permanent water and/or sewer
main said individual owner shall pay to the City of Plainview the
appropriate tap fees plus the connection charges as set forth
below.
(1) Where the connection is to be made to a permanent
on-site main the connection charge shall be $16.90 per linear
foot for water mains and $31.80 per linear foot for sewer mains,
which charge shall be paid for the entire length of the main
across or abutting the lot or tract for which the connection is
requested. (These rates are subject to adjustment as set forth
in Section 1.6 of this ordinance.)
(2) Where the connection is to be made to an existing
permanent along-site main the connection charge shall be $8.45
per linear foot for water mains and $15.90 per linear foot for
sewer mains which charge shall be paid for the entire length of
the main abutting the lot or tract for which the connection is
requested. (These rates are subject to adjustment as set forth
in Section 1.6 of this ordinance.)
(3) Where the connection is to be made to an existing
permanent on-site or along-site main of size adequate to serve
the requirements of the individual owner of a lot or tract of
land for which pro-rata water and sewer payments have been
previously made in full or for which the actual contruction costs
for the main has been paid by a previous owner or developer of
the lot or tract for which connection is requested, the
individual owner shall not be required to pay a connection charge
but shall pay only the appropriate tap fee or fees and utility
account deposit or deposits.
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(4) Where the individual owner requires service
greater than can be provided through existing water and/or sewer
mains whether permanent or not, the individual owner shall
provide water and/or sewer mains adequate to serve his
requirements by the methods set forth in Section 1.3 of this
ordinance with no credit given for the existing water and/or
sewer mains.
C. Connection by a Developer
(1) Where water and/or sewer mains exist in a street,
alley or easement in or along an area or tract of land to be
subdivided and developed for resale, before extensions from or
connections to such lines shall be made by a developer, he shall
pay to the City of Plainview a connection charge of $16.90 per
linear foot for all on-site water mains, $8.45 per linear foot
for all along-site water mains, $31.80 per linear foot for all
on-site sewer mains, and $15.90 per linear foot for all
along-site sewer mains, or the then current estimated
construction cost of such mains and their appurtenances plus 10%
for engineering, whichever is least. (The rates per linear foot
set forth herein are subject to adjustment as set forth in
Section 1.6 of this ordinance. Current estimated construction
costs shall be based on unit construction costs determined and/or
approved by the City Representative.)
(2) Where the developer requires water and/or sewer
mains larger and/or deeper than existing mains, the developer
shall provide for water and/or sewer mains adequate to serve his
requirements by the methods set forth in Section 1.3 of this
ordinance with no credit given for the existing water and/or
sewer mains.
Section 1.3 Extension of Water and Sewer Mains for Individual
Owners and Developers
A. Extensions of water and/or sewer mains will be
permitted to be made to serve only lots or tracts which have been
properly subdivided and platted for development in compliance
with the subdivision regulations of the City of Plainview and for
which a plat with accompanying dedication deed has been approved
and filed for record unless such extensions are otherwise
specifically permitted and approved for construction by the City
Council of the City of Plainview.
B. Extension for Individual Owners
(1) Where extension of water and/or sewer mains are
required to serve lots of tracts of land owned by individual
owners such extensions shall be provided for by said individual
owners in the same manner as set forth in Section 1.3 C of this
ordinance. Where the term "developer" is used in said Section
1.3 C it shall also mean "individual owner" regarding extension
for single lots or tracts of land for which connection requests
by individual owners have been made.
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C. Extension for Developers
(1) Where extensions of water and/Or sewer systems are
required to serve property which has been subdivided or platted
for development and resale, water and/or sewer facilities may be
extended to such properties on the following basis and in
accordance with minimum standards and procedures described below.
Where property has been subdivided or platted for development and
resale, the developer shall lay, install and/or construct water
and/or sanitary sewer lines on all of the subdivided or platted
property at the same time. The sizes, gradients, locations and
depths of water mains and sewer mains and their appurtenances
shall be determined by the City Representative.
(a) On-Site Mains: The developer shall defray
the entire costs, including engineering, of on-site mains up
to and including eight inch (8") or larger sizes required to
adequately serve the property being developed. Any
over-size costs will be paid by the City of Plainview upon
acceptance of the completed system by the City of Plainview.
(b) Along'Site Mains: The developer shall defray
the entire cost, including engineering, of along-site mains
up to and including eight (8") or larger sizes required to
adequately serve the property being developed. Any
over-size costs will be paid by the City of Plainview upon
acceptance of the completed system by the City of Plainview
and refunds made as connection charges are collected for
connections to such along-site mains by adjoining property
as set forth in Section 1.9 of this ordinance.
(c) Off-Site Mains: The developer shall defray
the entire cost, including engineering, of off-site mains
which are required to adequately serve the property being
developed. Any over-size costs will be paid by the City of
Plainview upon acceptance of the completed system by the
City of Plainview. All other costs will be refunded at a
pro-rated value per linear foot of such off-site mains as
the property along or through which they pass is developed
until all costs including engineering for such off-site
mains are refunded to the property owner or developer who
orginally contructed such off-site mains as set forth in
Section 1.9 of this ordinance.
(2) Methods by which water and sewer mains
subdivisions or developments may be constructed.
for
(a) Water and sewer main extensions to serve a
real estate subdivision or addition to the City of
Plainview, the plat of which has been fin~ily approved by
the City of Plainview, filed of record, and properly annexed
may be accomplished in the following manner:
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(i) By Private Contract
Upon approval by the City of Plainview, a
developer of a subdivision or an addition may design
and prepare construction plans of water and sanitary
sewer facilities, or either of them to serve the
subdivision, including any access or off-site
facilities that may be required. The sizes, gradients,
locations and depths of water mains and sewer mains and
their appurtenances shall be designed to adequately
serve adjoining areas subject to development and shall
conform to the requirements for system networks for the
general area. Developer's enginaer should confer with
the City Representative to determine these criteria
prior to the design and preparation of construction
plans.
Plans and profiles submitted by the developer's
engineer shall be prepared on standard 24" x 36" sheets
of tracing paper. Plans and profiles shall be shown at
scales of 1" .to 50' horizontal and 1" to 5' vertical.
The engineer submit%ing the the plans and profiles must
be a Registered Proflessional Civil or Sanitary Engineer
licensed to practice in Texas, and he must affix his
seal and signature to each tracing of all plans and
profiles. The completed tracings for water and sewer
plans and profiles~ shall be submitted to the City
Representative for approval, accompanied by two copies
of the plans and profiles of the storm sewers and
street grades as approved by the City Representative
and one copy of the~plat of the addition that has been
recorded in the records of the County of Hale and has
been so stamped. Upon final approval, these tracings
will be returned to the developer's engineer for the
purpose of making such prints as he may require. Two
copies of the final plans, specifications and profiles
together with the reproducible tracings shall be
submitted to the City Representative, to become part of
the permanent files of the City of Plainview.
Upon approval of the plans by the City
Representative, all plans and profiles along with the
City's standard specifications shall be submitted to
the Texas State Department of Health, Texas Water
Commission or other appropriate state agency having
jurisdiction for approval.
Upon approval of the plans by the City
Representative and. appropriate state agencies, the
developer may begin the procedures for construction of
the extensions.
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Where off-site and/or over-size water and/or sewer
mains are to be constructed which will involve cost
participation or refunds by the City of Plaiview, the
developer shall follow the same bidding procedures
including legal advertising, bidding, bonding and other
requirements required by law for municipalities as
though the City of Plainview were constructing said
extensions. Complete records of all such bidding
procedures shall be kept by the developer and copies of
said records provided to the City Representative.
Should the developer desire to personally construct
said off-site and/or over-size mains, he shall submit a
bid in the same manner as other bidders for the
extensions. The developer shall award a contract based
on the lowest and best bid submitted, which bid shall
be approved by the City of Plainview.
Upon completion of the bidding procedures, the
developer may enter into a contract with any individual
or himself to construct the system as so planned;
provided, however, that the construction and
installation of the water lines and sewer lines, or
either of them, shall be supervised by the inspectors
for the City of Plainview to see that the installation
is made in accordance with the plans and the City's
standard specifications which, in every instance, shall
be a part of said installation contract.
When the project is ready for construction, line
and grade stakes shall be set by a Registered
Professional Engineer, or Licensed Public Surveyor; but
these stakes shall not be set until after the
developers' surveyor has properly staked on the ground
iron pins on all points of curves, all points of
tangency, all block corners and all lot corners within
the subdivision, in accordance with the "City of
Plainview Subdivision Regulations."
'No installation of water mains or sewer mains
shall be made at any other locations except a dedicated
street, alley or an easement running in favor of the
City of Plainview, which shal~l be furnished and filed
of record by the developer of said addition. Any such
installation, when. made, shall become the property of
the City of Plainview, free and clear of all
encumbrances, and any contract entered into between the
developer and a contractor shall provide for
performance, payment and maintenance bonds such as the
City of Plainview uses in its standard specifications
and as required by law which, in every instance, shall
be part of said installation contract. The City of
Plainview shall be named as one of obligees in such
bonds.
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In the event the developer makes the installation
himself, then he shall furnish said performance,
payment and maintenance bonds in favor of the City of
Plainview in the same form and conditioned in the same
manner as provided for in the standard contract
documents used by the City of Plainview in contracting
for the construction of water and sanitary sewer
installations.
OFF-SITE MAINS: Off-site water and/ or sewer
mains required to provide service to the property being
developed must be provided for and/or constructed by
the developer through a private contract as set forth
above.
(ii) By City Contract (For On-site and Along-site
Mains):
A developer of an addition or subdivision may
deposit with the City the total estimated costs of
on-site and along-site water and/or sewer mains
required to serve the property being developed. The
total estimated cost shall include estimated
construction cost plus 20% for contingencies and
engineering.
Upon deposit of the required funds, the City of
Plainview will construct such mains and upon
determination of final completion cost will refund any
excess amount deposited or require of such developer
additional funds required to defray the entire cost of
the project. Where the City of Plainview furnishes the
engineering required for the project a charge of eight
percent (8%) of the final construction cost shall be
made against the developer for such engineering and
shall be included in the final completion cost.
(b) Ail right-of-way necessary for the
installation of the proposed water and/or sewer mains shall be
furnished by the developer in favor of the City of Plainview.
(c) Any developer desiring to make the
installation of water and sewer lines, or either of them, shall
file a letter in writing with the City Representative of the City
of Plainview, stating that he elects to make the installation
under the terms and provision of this ordinance, which said
letter when received and accepted by the City of Plainview shall
then be. binding upon both parties, i.e., the City of Plainview
and the developer, providing all financial and other requirements
as set forth in this Section 1.3 and in Section 1.7 have been
met.
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Section 1.4 Sanitary Sewer Service Taps and Fees
A. Charges - Fees
The City of Plainview may install and maintain all sewer
taps from the City sewer mains to the nearest property or
easement lines, both inside and outside of the city limits of the
City of Plainview, and shall charge for the installation and
maintenance of such sewer taps a sum sufficient to cover the
average cost thereof; such sum is to be determined and collected
by the Water and Sewer Department and shall be at the following
rates or basis:
Sewer Service Tap Charqes except in business areas:
Where alley or street is paved
$500.00
Where alley or street has earth or gravel surface $260.00
For business areas, or where deep cut connections are
involved, estimates of cost will be furnished upon request. Such
estimated cost must be depositied with the Water and Sewer
Department before work is started.
The term "paved" is defined as any concrete pavement or
compacted caliche base with asphaltic surfacing type of pavement
or concrete driveway.
The above charges shall include the cost of tapping the City
sewer main, the installation of wyes and placing lateral main to
the nearest property or easement line. The Street Maintenance
Department shall make the necessary pavement repairs, the cost of
same to be included in the cost figures as above enumerated.
Costs as set out herein shall apply for connections to property
inside and outside city limits of the City of Plainview.
Section 1.5 Water Service Taps and Fees
The City of Plainview shall install and maintain all water
service taps in the streets, alleys and easements, both inside
and outside the city limits of the City of Plainview, and shall
charge for the installation and maintenance of all such service
taps a sum sufficient to cover the average cost thereof; such sum
is to be determined and collected by the Water and Sewer
Department and shall be at the following rates or basis:
Water Service Tap Charges
3/4" Service Tap
1" Service Tap
1 1/2" Service Tap
2" Service Tap
$200.00
$270.00
$470.00
$660.00
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For service taps larger than two inches in diameter
An estimate of the cost for all service taps 1.arge~ than two
(2") inches in diameter will. be furnished by the City
Representative, and a deposit of the estimated amount will be
required before work is started on the installation of such tap,
the final cost to be adjusted upon completion of the work.
Should the final cost of the work exceed the amount of the
deposit, a statement showing the ~mount of the excess will be
furnished to the party or parties having made the deposit, and a
copy of same, constituting notice that the excess amount is due,
shall be furnished the contractor or owner of the property to
which service is being extended. Upon failure to receive prompt
payment of any excess amount due on such estimates, the Ctiy
Representative, at his option, may refuse or discontinue water
service to the property until full payment has been made for the
work performed.
In the event that upon completion of the work for which
deposit has been made the final cost is less than the amount of
estimate or deposit, a refund of the amount of over-payment will
be made to the party or parties from whom the deposit was
received.
The above flat rate charges, and the estimates of cost of
all service taps larger than two (2") inches in diameter, shall
include all costs incident to making the installation of the
serVice tap required. The Street Department shall make the
necessary pavement repairs, the cost of same to be included in
the cost figures as above enumerated.
There shall also be paid with and in addition to the water
tap fee a utility account deposit, the amount of which shall be
determined by the type of property use served. The utility
account deposits shall be as follows:
Single Family:
Multipl~e Family:
Commercial,
Institutional
or Industrial:
$40.00 per meter
$40.00/lst unit plus
$15.00/each additional unit
1 1/2 times estimated bill
($40.00 minimum)
Costs set oUt herein shall apply for connections to property
inside and outside the city limits of the City of Plainview.
The City of Plainview will maintain, at its own expense, and
at their original sizes, all services from the main to the meter
so long as the consumer continues the use thereof. Whenever use
of a service is abandoned by the consumer, this obligation to
maintain the service shall cease.
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Section 1.6 Rate Adjustments
A. Annual Rate Determination and Adjustment
(1) The rates and prices set forth in Sections 1.2,
1.4, and 1.5 of this ordinance shall be reviewed periodically and
when considered appropriate by the City staff with such
adjustments being made to such rates and prices as are necessary
to incorporate the then current prevailing costs of contruction
of the items of extensions involved. The revisions resulting
from such review shall then be presented to the City Council of
the City of Plainview for consideration and adoption.
B. Method of Rate Determination
(1) Water and sewer connectin charges shall be
calculated such that the charges shall include the costs of all
mains required to serve a typical 600' length block having
service, connections on each side of any alley running lengthwise
through the block. The cost per linear foot of water or sewer
main shall be the total estimated costs of all such required to
serve a typical 600' length block divided by 600 feet. These
rates shall be charged as follows:
(a) For On-Site Mains:
100% of calculated connection charge
times the total length of main across
or abutting the lot or tract of land
for which the connection is requested.
(b)
For Along-Site Mains: 50% of calculated connection charge
times the total length of main
abutting the lot or tract of land for
which the connection is requested.
(2) Water and Sewer Connection Charges shall be
· determined by means of the following typical extension estimates
using the then current prevailing costs of construction:
Item
(a)
Typical Water Extension for 600' Block:
Current
Quanitity unit Price
Amount
8" Class 150 Pipe
6" Class 150 Pipe
4" Class 150 Pipe
8" Gate Valve & Box
6" Gate Valve & Box
4" Gate Valve & Box
Fire Hydrant
Wet Connection
C.I. Fittings
345 L.F. @ $ = $
5L.F. @ $ = $
665 L.F. @ $ = $
1Ea. @ $ = $
1Ea. @ $ = $
2 Ea. @ $ = $
1Ea. @ $ = $
1Ea. @ $ = $
0.3 Tons @ $ = $
TOTAL ESTIMATED COST = $
Cost per linear foot = Total Cost =
600 feet
=$
600
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The Water Connection Charge shall be the above cost per
linear foot rounded off to the nearest 1/10th dollar.
Item
(b)
Typical Sewer Extension for 600' Block:
Current
Quanitity unit Price
Amount
8" V.C. Pipe, 12'-14' Depth 345 L.F. @ $
6" V.C. Pipe, 0'- 8' Depth 600 L.F. @ $
Trench Safety, Over 5' Depth 800 L.F. @ $
Manholes, 0'- 6' Depth 2 Ea. @ $
Manholes, Additional Depth 6 V.F. @ $
Manholes Drop Units 4 V.F. @ $
Cleanouts 1 Ea. @ $
=$
=$
=$
=$
=$
=$
=$
TOTAL ESTIMATED COST = $
Cost per linear foot = Total Cost
600 feet
=$
600
The Sewer Connection Charge shall be the above cost per
liner foot rounded off to the nearest 1/10th dollar.
Section 1.7 Obligation of City
Upon approval of the City of Plainview of a specific water
and/or sewer extension to serve a lot, a tract of land, an
addition or a subdivision the construction of such water and/or
sewer extension may proceed in accordance with the terms of this
ordinance providing funds have been made available for
engineering and construction.
In no event shall the City of Plainview be obligated to
proceed under the terms of this ordinance if funds are not
available or if in the descretion of the City Council the
extensions may not be practical.
Section 1.8 Deposit of Funds Received
A. Water and Sewer Utility Fund
(1) Monies collected as connection charges for
connections to on-site water and/or sewer mains shall be
deposited in a water and sewer utility fund or funds established
for the maintenance and construction of water and sewer system
mains and facilities.
(2) Monies collected as tap fees shall be deposited in
a water and sewer utility fund or funds established for the
installation and maintenance of such taps.
B. Water and Sewer Construction Fund
(1) Monies collected as deposits for the construction
of water and/or sewer main extensions shall be deposited in a
water and sewer construction fund established for the funding of
water and/or sewer main extensions.
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C. Off-site and Along-site Escrow Fund
(1) Monies collected as connection charges for
connections to off-site and/or along-site water and/or sewer
mains, which charges are to be refunded as set forth in Section
1.9 of this ordinance, shall be deposited in a special escrow
fund established for refundable monies and designated as the
Connection Charge Escrow Fund.
Section 1.9 RefUnds
Refunds due to future development and/or connections will be
made for the costs of off-site mains and a portion of the costs
of along-site mains when the tracts through or along which they
pass are connected for service. Such refunds will be paid to the
owner or developer who initially defrayed the cost of the main to
which connection is made and shall be in the amount collected for
the tract so connected; except, however, in no case shall total
refunds exceed one-half of the total original cost of the
along-site main or the total original cost of the off, site main
to which the connection is made whichever the case may be.
Except as otherwise provided, all refunds provided for in
this ordinance shall be made on November 1, and May 1, of each
year, and shall include funds then accrued to the credit of the
developers and others. The City of Plainview shall never be
liable for payment of interest on any deposits, payments or
refunds provided for herein.
Section 1.10 Purpose of Ordinance, Inequities, No Vested Rights
The intent .and purpose of this ordinance is to provide an
equitable charge for water and sanitary sewer connections as a
proportionate distribution of the cost. of water and sanitary
sewer main extensions to serve property in the City of Plainview.
In case a lot or a tract of land is so situated or' shaped that
the terms of this ordinance create an inequitable basis as
between it and other tracts of land in the City of Plainview,
then, in that event, the City Council of the City of Plainview
shall determine the proper charges in accord with the intent and
purpose of this ordinance. No person shall acquire any vested
rights under the terms and provisions of this ordinance.
Section 1.11 Prior Agreements or Contracts
This ordinance shall not affect or change any agreement or
contract for providing water and sewer services which was entered
into by the City on or before the effective date of this
ordinance.
ARTICLE II.
Properties Subject to Ordinance
Ail lots, tracts of land, additions and subdivisions which
are not connected to existing permanent water and/or sewer mains
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or for which water and/or sewer mains must be constructed shall
be subject to the terms of this ordinance except as set forth
below.
Section 2.1 Redevelopment Areas
Where areas located in a previously developed section of the
City are proposed for redevelopment into a use which requires
additional or larger water and/or sanitary sewer mains the City
Council may elect to share the costs of such improvements and to
adjust connection charges as it may deem to be appropriate and in
the best interest of the City of Plainview as an encouragement
for such redevelopent.
Section 2.2 Previously Connected Property
Property which has been previously connected to existing
permanent water and/or sanitary sewer mains but the improvements
of'which have been abandoned or cleared from said property and
for which said water and/or sewer service has been disconnected
may, at the discretion of the City Council of the City of
Plainview, be exempted from the connection charges set forth in
Section 1.2 where reconnection to said. existing permanent water
and/or sanitary sewer mains will adequately serve said property.
However, said property shall be subject to all tap fees and
account deposits.
Section 2.3 Certain Existing Improved Property Exempt
Ail properly platted property which was in the city limits
as of the first (lst) day of March, 1965 and which is served by
adequate water and sewer mains shall be exempt from the terms of
this ordinance except as set forth in Section 2.1 and 2.2 of this
Article. All unplatted property which was in the city limits as
of the first (lst) day of March, 1965 and which is served by
adequate water and sewer mains shall comply with the requirements
of the subdivision regulations of the City of Plainview in order
to be connected to said mains but shall be exempt from the terms
set forth in Section 1.2 of this ordinance except Section 1.2,
B(4) and Section 1.2 C(2).
Ail property, platted or unplatted, which was in the city
limits as of the first (lst) day of March, 1965, but which
requires an extension to be made for connection to either water
or sewer or both, shall be subject to the terms of this ordinance
and shall comply with those terms, in order to receive and be
connected to such water and/or sewer service.
Section 2.4 Larger and/or Deeper Mains
In the event the use of said property described in Section
2.2 or Section 2.3 requires water and/or sewer mains larger
and/or deeper than existing mains, the developer of said property
may, at the discretion of the City Council of the City of
Plainview, be required to provide for the larger and/or deeper
water and/or sewer mains adequate to serve his requirements by
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the methods set forth in Section 1.3 of this ordinance with no
credit given for the existing water and/or sewer mains.
ARTICLE III.
REPEAL
Ordinance No. 87-2714 of the City of Plainview is hereby
repealed.
ARTICLE IV.
VALIDITY AND SEVERABILITY
If for any reason any section, paragraph, subdivision,
clause, phrase or provision of this ordinance shall be held
invalid or unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part of provision
thereof other than the part so decided to be invalid or
uncontitutional.
ARTICLE V.
PENALTY
Any person, firm or corporation violating any provision of
this ordinance, or causing same to be violated, shall be deemed
guilty of a misdemeanor, and upon conviction therof shall be
punished by a fine in the sum not to exceed Two Hunted Dollars
($200.00), and each and every violation of the provisions of this
ordinance shall constitute a separate offense.
ARTICLE VI.
PUBLICATION
The City Secretary is authorized and directed to publish the
descriptive caption of this ordinance in lieu of publishing the
entire ordinance.
Passed and Approved this the 24th day of July, 1990.
ATTEST:
Carla Reese, City Secretary
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APPROVED AS TO CONTENT:
Wm c Works
· Hogge,
APPROVED AS TO FORM:
David A. Blackburn, City Attorney
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UTILITIES EXTENSION ORDINANCE
ORDINANCE NO . 90- 2837
WHEREAS, the City of Plainview did on July 24, 1990, at a
regular session of said City Council pass and adopt Ordinance No.
90-2837. The descriptive caption and penalties of said Ordinance
are as follows:
AN ORDINANCE ESTABLISHING A POLICY, TERMS, RATES, FEES,
CONDITIONS AND METHODS TO BE FOLLOWED IN EXTENDING
WATER AND SANITARY SEWER LINES IN THE CITY OF
PLAINVIEW, TEXAS; PROVIDING FOR CONNECTION TO AND
EXTENSION OF WATER AND SEWER MAINS; DEFINING WORDS AND
TERMINOLOGIES USED; PROVIDING FOR CONNECTION TO
EXISTING MAINS BY INDIVIDUAL OWNERS AND BY DEVELOPERS;
PROVIDING FOR EXTENSION OF WATER AND SEWER MAINS FOR
INDIVIDUAL OWNERS AND DEVELOPERS; PROVIDING FOR
SANITARY SEWER SERVICE TAPS AND FEES; PROVIDING FOR
WATER SERVICE TAPS AND FEES; PROVIDING FOR RATE
ADJUSTMENTS; LIMITING THE OBLIGATION OF CITY; PROVIDING
FOR DEPOSITS OF FUNDS RECEIVED; PROVIDING FOR REFUNDS;
PROVIDING CERTAIN EXISTING IMPROVED PROPERTY EXEMPT;
PROVIDING FOR THE INTENT AND PURPOSE OF THIS ORDINANCE;
PROVIDING FOR INEQUITIES AND GRANTING NO VESTED RIGHTS;
PROVIDING FOR PRIOR AGREEMENTS AND CONTRACTS;
PROVIDING FOR PROPERTIES SUBJECT TO-THIS ORDINANCE;
REPEALING ORDINANCE NO. 87-2714; PROVIDING FOR VALIDITY
AND SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING
FOR PUBLICATION OF THIS ORDINANCE.
PENALTIES
The penalties for the violation of said Ordinance are as
fOllows:
Any person, firm or corporation violating any provision of this
ordinance, or causing same to be violated, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished by
a fine in the sum not to exceed Two Hundred Dollars ($200.00), and
each and every violation of the provisions of this ordinance shall
constitute a separate offense.
Passed and Approved this 24th day of July, 1990.
E. V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary