ORD CC 01/09/1973 - Sanitary sewer policyORDINANCE NO.
ENTITLED AN ORDINANCE ESTABLISHING A POLICY FOR !HE
CITY OF HUNTSVILLE FOR EXTENDING SANITARY SEWER ND
WATER LINES AND FOR THE SERVICE CONNECTIONS TO S CH
EXTENSIONS; ESTABLISHING RULES GOVERNING SUCH
EXTENSIONS AND CONNECTIONS; PROVIDING FOR THE PA NT
OF CERTAIN COSTS OF SUCH EXTENSIONS; PROVIDING F
REIMBURSEMENT OF CERTAIN PAYMENTS; PROVIDING FOR
CERTAIN CHARGES BEFORE SERVICE CONNECTIONS ARE E;
PROVIDING CONSTRUCTION REQUIREMENTS FOR CONSTRUC ION
OF SEWER AND WATER LINES; AND PROVIDING EXCEPTIO S
TO THE POLICY.
BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS:
Section 1. Purpose and Scope.
The purpose of this ordinance is to establish a pol cy for
the City of Huntsville for extending sanitary sewer and wat r lines
and for the sewer "and water service connections to such extensions,
and to establish rules governing such extensions and connec ions.
It is not the intention of this ordinance to obligate, and he City
shall not be obligated to participate in or proceed with an
construction covered by this ordinance when funds are not a'ailable
or when, in the discretion of the City Engineer, the construction
is not practical. It is not the intention of this ordinanc
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 he
reserved. The City of Huntsville shall own all sewers and ater
lines, including service connections, constructed and accep'ed under
the terms of this ordinance.
Section 2. Definitions.
For the purposes of this ordinance, the following d =fini-
tions shall apply:
(1) Development: A subdivision, under the terms of
Article 974a, Vernon's Texas Civil Statutes and the City o
Huntsville's subdivision Ordinance No. 72 -7.
(2) Lot: Land occupied or intended for occupancy •y a
main building together with its accessory buildings, and t e yard
and parking spaces required, and having its principal front -ge upon
a street as defined herein.
(3) Street: A public thoroughfare which has been •edicated
or deeded to the public for public use, which has been offi ially
approved by the governing body of the City, and which affor•s the
principal means of access to property abutting it.
(4) Boundary Sewer: A sewer installed in a street sound-
ing a development or faced on only one side by a developmen , which
can also serve property not included in the development on he
opposite side of the street.
(5) Boundary Water Line: A water line, installed ;n a
street bounding a development or faced on only one side by
development, which can also serve property not included in he
development on the opposite side of the street.
(6) Pro Rata: Pro rata is the charge per front f•ot of
abutting land to be paid by the low owner or owner of a development
to aid in defraying the cost of supplying sewer service or ater
service (as the case may be) to their lot or site. The amo nt of
the charge will be determined, posted, and modified as requ red 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 asement.
(b) Double pro rata: The charge based on the front
footage of abutting land on both sides of the street or easement.
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(7) Owner's Front Footage: Owner's front footage
purposes of determining pro rata charges to be paid by the
of a lot for sewer service or water service and for which
will be no reimbursement, shall be determined by the owner
condition, as follows:
(a) A Regular Lot is a lot generally rectan:
shape. Front footage of a regular lot shall be measured a
property line facing the street.
for
owner
here
s lot
lar in
ong the
(b) An Irregular Lot is any lot of a non -rec angular
shape, except the Radial Lot defined below. The front foo age of
an irregular lot shall be equal to one front foot for each 125
square feet of lot area, but shall never exceed the maxi 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 dist =nce
at a point 25 feet from the front property line.
(d) A Corner Lot is a lot situated on the cor er of
a block and having more than one side facing a street. Fro t
footage shall be measured along the side of the lot to whic service
connection is made.
(8) Department: The City Engineering Department o the
City of Huntsville.
(9) Engineer: A Professional Engineer licensed by the
State of Texas.
Section 3. General Rules for Extensions.
Sanitary sewer lines or water lines will be extende in the
city limits in accordance with the following rules:
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(1) Individual Lots: Sanitary sewers and water ines of
proper size will be extended by the City in its easements .:nd
streets to serve individual lots, according to the follows g rules:
(a) For the first 300 feet of the extension not
including the width of street intersections and alleys), t e lot
owner requesting extension shall pay single pro rata for
distance of the extension. This pro rata is reimbursable :s here-
inafter provided, except for the pro rata paid on the owner's front
footage.
(b) For the remainder of the extension requi ed to
install the sewer or water line across the total width of he lot
of the owner requesting extension, the lot owner shall pay double
pro rata. This pro rata is reimburseable as hereinafter provided,
except for the pro rata paid on the owner's front footage.
(c) Should the lot owner requesting extensio require
a sewer or water line in excess of the size required by th City,
the owner shall pay all additional costs for the oversize sewer . or
water line.
(d) In addition to the payments specified aboje, the
lot owner or customer must pay the appropriate service connection
charges before service connections can be made.
(e) No construction shall be scheduled nor be n by
the City until all extension charges have been paid to the sty.
(2) Developments: The owner of a development shal 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 aid for
and installed by the owner of the development.
The City will extend sewers or water lines of proper capacity
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outside the boundaries of the development to service the d4velop-
ment after the following applicable requirements have been satis-
fied:
(a) The owner of the development shall pay a 1 costs
for installation of sewer or water line extensions require
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 •-velop-
ment shall pay double pro rata to the City based on the foo age of
the development property abutting the boundary sewer or bou dary
water line, as applicable.
(c) Should the City require sewer or water li
extensions or interior sewers or water lines larger in size
required for the development, the City shall pay for that p
of material cost over and above such requirements. Also, d
allowance shall be made to the owner of the development for
sections and alleys crossed, outside the development.
(d) No sewer or water line extension shall be
until all charges specified herein have been paid by the
the development to the City.
Section 4. Charges for Sewer and Water Service.
When no extension of sanitary sewers or water lines
the case may be) is necessary to serve an applicant for se ice,
the applicant shall pay pro rata on owner's front footage i addition
to the service connection charge before connection is made •o the
sewer or water line. However, if the sewer or water line iS within
a development, or if the connection is to be made to a sewed or
water line existing on the date of passage of this ordinance, only
e
than
ion
inter-
scheduled
er of
(as
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the service connection charge shall be paid.
Section 5. Reimbursement.
(1) Owners of lots or developments who participat
this policy in the cost of sewer or water line extensions
their lots or sites are eligible for certain reimbursement
cost, as specified herein, from the City. Except as provid
(2) below, such owners are eligible for reimbursement to be
from pro rata collected by the City from connections to the
extension or water line extension (as the case may be) duri
period of five (5) years after completion of the extension,
according to the following rules:
(a) No reimbursement shall be made to a lot
0
under
f such
d in
ade
sewer
g the
o' er
for the owner's front footage pro rata. No reimbursement shall
be made to a development owner for the cost of sewers or wa er lines
within the boundaries of the development.
(b) Upon written application of the owner, re mburse-
ments shall be made once each year during the month of Octo er to
cover reimbursable charges collected during the preceding f scal
year.
(c) A lot owner will be reimbursed one -half
amount of pro rata collected from connections to that portion the
first 300 -foot section provided for in Section 3 (1) (a) abo
up to the boundary of the owner's lot.
(d) A lot owner will be reimbursed the amount f
double pro rata collected from connections to extensions in xcess
of the 300 -foot section provided for in Section 3 (1) (a
the boundary of the owner's lot.
(e) A lot owner will be reimbursed the amount
single pro rata collected for connections from owner's opposite
frontage.
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(f) Owners of developments will be reimburse the
amount of pro rata collected from connections to offsite a tensions
(outside the development) and boundary sewers and boundary water
lines for which they have made payment.
(g) An owner will never be paid more than 100s 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 Qor,above,
the owner of a lot used for an industrial or commercial estblish-
ment, who has paid additional costs for oversized water lin @s, as
provided in Section 3 (1) (c), shall be eligible for additi
reimbursement from water revenues from the said water line
nal
xtension,
in the amount of 40 of 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 exce d 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, accord-
ing to the following rules:
(1) The provisions of Section 3, with the exce tion
of the reimbursement provisions, shall apply to sewer and wa er
line extensions outside the city limits.
(2) Any lot owner applying for service connect .ons
to sewers or water lines extended under the terms of this ordinance
shall pay single pro rata on the owner's front footage.
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(3) All applicants for sewer or water service sh:11 pay
double the service connection charge applicable within th = City.
(4) There shall be no reimbursement for extensio s 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 fo
must be submitted to the City Engineer by the owner of the
went:
lowing
develop-
(a) All construction will be in accordance with
department approved plans and specifications.
(b) The contractor has public liability insurance
in the amount of $100,000/$300,000 for bodily injury and $20,000
for property damage.
(2) When all of the requirements of this section h ve been
met, the City Engineer will issue a letter to the owner of the
development giving permission to begin construction.
Section 8. Exceptions to Policy.
The owner of a development will be excepted from th !
provisions of this ordinance and be governed by the policy •f the
City in effect at the time of passage of this ordinance if:
(1) The subdivision has preliminary approval of th
Planning and Zoning Commission on or before January 1, 1973; and
(2) The subdivider submits acceptable construction •raw -
ings and specifications for the subdivision improvements on r
before January 1, 1973; and
(3) The completed water and sanitary sewer improvements
in the subdivision are completed and accepted by the City ofHunts-
ville before June 1, 1973.
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PASSED ON SECOND READING this the % day of
19713
ATTEST:
MORRIS I. WALLER, MAYOR
FRANK ROBINSON, JR., CITY SE TARY
PPROVED:
RTIN D. COLLEY, CITY ATTORNEY