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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. 1 of 16 (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. 2 of 16 (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. 3 of 16 (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. 4 of 16 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: 5 of 16 (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. 6 of 16 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. 7 of 16 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. 8 of 16 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 9 of 16 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. 10 of 16 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 11 of 16 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. 12 of 16 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 13 of 16 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 14 of 16 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 15 of 16 APPROVED AS TO CONTENT: Wm c Works · Hogge, APPROVED AS TO FORM: David A. Blackburn, City Attorney 16 of 16 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