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(A) Policy No. 12 - Pro rata. Under some circumstances the city or a private developer may advance the cost of the installation of main lines, water distribution or sewer collector lines for which abutting or accessible property owners may be obligated under these policies to contribute a portion of the cost. When such obligation arises, the property owner shall pay to the city the appropriate pro rata share of the installation cost at the time application for service connection permits are made. Pro rata charges established prior to the adoption of this policy shall remain in full force and effect.
(B) Policy No. 13 - Method of determining pro rata share. Pro rata share of total costs shall be based on an equitable method of determining benefit which may include a front foot, area or other equitable method.
(Res. 20-1984, approved 2-28-84)
(A) Policy No. 14 - Lines outside city limits.
(1) Except as provided below, City water and sanitary sewer lines may be extended into the County, or existing City lines located outside the City limits, may be connected to, at the Petitioner's expense, if the following applicable conditions are satisfied:
(a) Property is located within the area described in the Sanitary Sewer System Master Plan and Master Plan of Water Supply for City of Albuquerque & Environs, 1982.
(b) Upon application for connection, there shall be paid to the City either the established Pro Rata cost, or if there is no Pro Rata cost established, no more than the Petitioner's share of the cost of lines referenced in Policy 7A based on the current City Engineer's Estimated Unit Prices for Contract Items shall be applied.
(c) The Petitioner must provide all licenses and easements for all line installations necessary to serve the property.
(d) In the event it is necessary to extend existing lines that are located outside the city limits in order to provide the service requested, the cost of such lines shall be paid for by the Petitioner. Such lines may be prorated according to Pro Rata policies.
(2) Within the capacity of the system as determined by the City, water and sanitary sewer lines may be extended into the County at the Petitioner's expense if the following applicable conditions are satisfied:
(a) Water Master Plan Lines and Sewer Master Plan Lines are available or will be extended at the expense of the Petitioner; and
(b) The Petitioner advances the money to the City for water and sewer extensions and the cost may be prorated as provided in the Pro Rata policies; and
(c) The City of Albuquerque will not advance funds nor participate in the cost of extensions outside of City limits except when the water and sewer lines are also constructed to improve or reinforce in-City facilities or when the lines abut City property. The City will pay for its portion of the expanded system provided funds are available; and
(d) For water extensions, the Petitioner makes declaration of his existing water source and shall not connect said water source to the service provided by the extension; and
(e) Design and construction of the extension(s) shall be in accordance with City of Albuquerque Standards, Specifications and Procedures; and
(f) The Petitioner obtains and provides all necessary licenses and easements at no cost to the City of Albuquerque; and
(g) The Petitioner secures the approval of other government agencies, if such approval is required.
(h) The extension complies with all of the City's and County's adopted land use plans, policies and ordinances.
(3) Within the capacity of the system's water and sanitary sewer lines as determined by the City, service connections may be made to existing water and sewer lines outside the City limits at the Petitioner's expense within the existing service area, and including sanitary sewer service only for the Tijeras Canyon drainage area tributary to the Albuquerque Basin of the Rio Grande Basin, if the following applicable conditions are satisfied:
(a) The property abuts or is traversed by an existing water or sewer line from which service is available; and
(b) Upon application for service there shall be paid to the City the established Pro Rata cost and the established utility expansion charges and service costs; and
(c) The existing lines occupy the total length of all streets or public easements abutting the property to be connected or an agreement has been executed for extension or extensions in accordance with Policy 14B; and
(4) For water service, the Petitioner makes a declaration of his existing water source and shall not connect said water source to the service provided by the extension(s).
(4) All extensions or connections referred to in Policy 14 to provide water service requiring up to a maximum of 1,000,000 gallons per day or sewer service requiring up to a maximum of 500,000 gallons per day shall require review and approval of the Department. All extensions or connections in excess of these quantities shall require approval of the governing body.
(Res. 20-1984, approved 2-28-84; Am. Res. 88-1992, approved 6-30-92; Am. Res. 143-2003, approved 10-20-03)
Policy 16. Sewage Treatment Service to Sandia Heights:
(A) The city of Albuquerque (hereinafter referred to as “city”) may enter into a contractual agreement with the Sandia Peak Tram Company (hereinafter referred to as the “Company”) to treat sanitary sewer effluent from up to 1360 units in the portion of Sandia Heights shown on Exhibit A which is attached to Resolution No. 141-1978, provided that the agreement complies with the provisions of this Policy. The Mayor shall make the determination that such a contract achieves the goal set out in this section. The Company shall transport the sewage effluent to an approved point of connection with the city sewage system via a lift station and forced main, the design of which is to be approved by the city's Water Resources Department. The type and location of the Company's sewage collection and transmission system shall not be conducive to, or used for development which does not accord with applicable city ordinances, resolutions, policies, or plans.
(B) The Company shall be responsible for:
(1) Constructing and maintaining the sewage collection and transmission facilities necessary to deliver the sewage to the point of connection. The Company shall pay the entire cost of such facilities and of such delivery.
(2) Delivering sewage of a quality to conform to the, requirements of the Plumbing-Gas Code of the city, the Albuquerque City Industrial Liquid Waste Ordinance, and all applicable federal, state, and city laws and regulations.
(3) Paying the city for its sewer services at a reasonable rate established by the City Council. The current rate study, and any future rate studies, shall be taken into account in establishing the rate. The monthly rate is subject to change.
(4) Stating in the disclosure statement required by the New Mexico Subdivision Act for any property within the area shown in Exhibit A of Resolution No. 141-1978 which is owned by the Company that Affirmative Covenants relative to annexation run with the land and that property owners may be required to pay their proportionate share of bringing the Sandia Heights water and sewer system into compliance with all applicable standards at the time of annexation to the city, if ever.
(5) Complying with all applicable federal, state and local regulations and requirements.
(C) The Company, its principal, assignee and successors in interests, in consideration of this provision of sewer services, shall expressly contract with the city that:
(1) Any future improvement, expansion, addition, or alteration of the present Sandia Heights Water System shall comply with the standards for the city's Municipal Water System. The standards shall be those in existence at the time that such alterations, additions or expansions take place. Expressly excluded from this requirement are:
(a) The city's requirements with respect to the type of water pipe installed shall not now or in the future prevent the Tram Company or other persons entering into this agreement from using Poly Vinyl Chloride (PVC) water pipe, meeting extra strength minimum of SDR-35 of the requirements of ASTM specification D3034-74 even if such pipe does not meet the standards of the city.
(b) By agreement of the parties, the size (diameter) of water pipe installed shall be proportionately reduced due to the lower density of the Sandia Heights area. Water lines shall not be extended to an elevation higher than the higher of either (1) the highest existing zone elevation existing in the city at the time of expansion or (2) the highest elevation of water service in Sandia Heights on the date of this contract (6,560 feet).
(2) The Company's sewage facilities in the system connected or to be connected to the city's sewage system shall comply with all applicable federal and state regulations. Hereafter any gravity line shall be built to city standards and specifications if it can be reasonably anticipated that said line would become a permanent part of the city system at a future date with the exception that Poly Vinyl Chloride pipe meeting or exceeding the SDR-35 of the requirements of ASTM specification D3034-74 standard may be used. No conditions in this section shall be construed to require compliance with city policies regarding sanitary sewers outside of the area of Sandia Heights not connected with the city system.
(3) Any future development in Sandia Heights or in nearby or adjacent areas under control or ownership of the Tram Company or of the principals of the Tram Company shall comply with all city ordinances, resolutions, policies and plans including the Foothills development plan as they may exist and, may be amended from time to time so that development is regulated as if these areas were annexed into the city.
(D) The city shall be responsible for accepting, at the point of connection, all the sewage delivered by the Company, and processing and disposing of the same to the same extent and with the same efficiency and according to the same environmental health standards as sewage effluent originating within the city limits is treated and disposed.
(E) Timing. The city shall not provide sewage services to the elected point of connection at either Tramway Boulevard and Academy Road or Tramway Boulevard and Spain Road more rapidly than is programmed by the city. The city shall not provide such services until the total design capacity of the existing Sandia Heights package sewage treatment facilities has been committed. When the design capacity of 220 units is totally committed, the city may commit to service for other areas within the area shown in Exhibit “A” of Resolution No. 141-1978; provided, however, that under no conditions shall the city actually provide such sewage services prior to actual hook-up of the Sandia Heights transmission line. When city sewage services are available to Sandia Heights, the Company shall abandon the existing package sewage treatment facility.
(F) Annexation Requirements.
(1) As a condition of providing sewage service, the city shall require the Company to enter into and file with the Bernalillo County Clerk an Affirmative Covenant on all parcels which it owns within the area shown on Exhibit A of Resolution No. 141-1978; legal descriptions and a map defining the boundaries of said properties are contained in Exhibit B of Resolution No. 141-1978.
(2) The Affirmative Covenants, which shall run with the land shall obligate the owners, their heirs, assigns and successors in interest to petition for annexation to the city under applicable state law at such time as the property meets the statutory requirements for annexation, and to refrain from incorporating into or consenting to annexation into any municipality other than the city.
(3) The Company shall be responsible for enforcing said Affirmative Covenants.
(4) The Company shall, by its best efforts in the enforcement of the Affirmative Covenants, insure that the territory covered by such covenants is annexed into the city if and when it meets statutory annexation requirements.
(G) Amendments. This policy may be amended from time to time. There shall be no change in the area or number of units to be served unless the policy is amended.
(H) Termination. This policy shall be considered to be terminated when the city develops to the point that a suitable gravity connection to the Sandia Heights system is possible. At that time the connection will be made and the lift station and force main will be abandoned. The relevant city water and sewer line extension policies will apply to Sandia Heights when the gravity connection to the city system is possible. The property owners may be required to pay a pro-rata share of the costs of bringing the Sandia Heights water and sewer systems into compliance with all federal, state and local standards at the time of annexation, if ever.
(I) This policy is not intended to set a precedent for other areas outside the city limits.
(J) All provisions in this Policy and any contractual agreement made pursuant to it shall be specifically enforceable by the city without limitation on the other remedies available to the city. Each restriction on the Company shall be deemed separable from each other restriction.
(K) Any contractual agreement with the Company shall be drafted and executed so as to bind the Company, its successors, assigns, vendees, officers, directors, principal shareholders or owners of beneficial interest, parent entities, affiliate entities, subsidiary entities, entities having ownership in common, joint adventurers, partners, all persons or entities working with the Company in the development of Sandia Heights and the adjacent or nearby areas. This provision is intended to prevent evasion of the spirit and substance of this section by any persons or entities in any way or degree connected with the Company.
(Res. 141-1978, approved 6-19-78; Am. Res. 99-1986, approved 7-21-86)
(A) Purpose. The purpose of this Drainage Policy is to delineate responsibilities and set forth standards regarding planning, design, financial responsibility, construction, operation, and maintenance of storm drainage facilities within the Albuquerque Metropolitan Arroyo Flood Control Authority.
(B) General. Surface drainage is a characteristic which is a part of the land. Property owners who change the use of land have an inherent responsibility to deal with surface runoff passing through or originating on their land so that other property is not adversely affected by the change in use.
(C) Planning.
(1) Preservation of life and protection of property shall be the major considerations in the planning of drainage and flood control systems. Storm drainage management and flood control systems are necessary and should optimize the social, environmental, and economic benefits to the community.
(2) Continuing cooperative efforts shall be made to expand community drainage management planning, including provisions for adequate mapping, comprehensive studies, analyses and implementation.
(D) Design.
(1) Drainage and flood control systems shall be designed for runoff generated during the 100-year frequency flood. Hydrologic criteria shall be as set forth in the “Master Plan of Drainage, City of Albuquerque, New Mexico and Environs, 1963” prepared by Gordon Herkenhoff and Associates; “Northeast Heights Drainage Management Plan” prepared by Leonard Rice Consulting Water Engineers, Inc.; and “Drainage Management Plan Western Albuquerque Metropolitan Area” prepared by William Matotan and Associates; and any plans adopted subsequent to the enactment of identical resolutions by the city, Bernalillo County, MRGCD and AMAFCA which supersede all or any portion of those plans listed above. Where adequate hydrologic data is unavailable or there is substantial justification for deviation from such data, the analysis and determination of hydrologic and hydraulic criteria shall adhere to professional engineering techniques using the manuals of the American Society of Civil Engineers, other competent manuals, and reports and plans acceptable to the appropriate local official. The approval of the appropriate local official is required on all drainage reports and construction plans and shall comply with current standards and specifications adopted by the local governmental subdivision.
(2) Ponding areas, dams, and their appurtenances shall meet requirements of the State Engineer.
(E) Financial responsibilities and construction.
(1) When public or private requirements necessitate the development of storm drainage facilities, all drainage easements required to implement approved drainage plans for preservation or modification of arroyos shall be granted to public authority by the owner without compensation; provided, however, that in those instances where requirements relating to such drainage easements exceed existing 100-year flood boundaries or where such drainage easements will not be compatible with existing development, the owner shall only grant to the public authority such drainage easements as are necessary to meet existing 100-year flood boundaries or to be compatible with existing development, whichever is applicable.
(2) Costs of providing crossing structures for arterials and collectors shall be paid for by public authority.
(3) For reaches in an arroyo where flows are under 2,000 CFS from a 100-year storm, including reaches where flows have been or hereafter are reduced below 2,000 CFS by upstream facilities, the landowner shall pay the entire cost of design and construction of arroyo modification or alteration. Design and construction will be performed in compliance with drainage plan standards of public authority.
(4) For reaches in an arroyo where flows are over 2,000 CFS from a 100-year storm, and development has not infringed upon 100-year flood boundaries, the entire cost of design and construction of arroyo modification, alteration or preservation shall be paid for by public authority. In these instances where the landowner desires modification or alteration of such a reach with the result that development would be allowed within the master planned 100-year flood boundaries, the cost of such modification or alteration including entrance and exit structures, shall be paid for by the owner. In those instances where infringement occurred and drainage facility easement requirements were established and complied with prior to the adoption of AMAFCA Resolution 1972-2, arroyo improvement to meet the 100-year frequency standard shall be paid for by public authority, subject to available funds. In those instances where development is to commence in advance of scheduled arroyo improvement by public authority, and an interim solution is available, the cost of implementing such interim solution shall be paid for by the owner.
(F) Maintenance and operation.
(1) A particular property may be taxed to provide revenues for one or more agencies performing similar or identical functions; therefore maintenance and operation responsibilities must be defined in order to provide maximum benefits to the taxpayer.
(2) Annexation causes changes in boundaries, and the responsibility for drainage and flood control facilities can shift from one jurisdiction to another. Maintenance and operation responsibilities shall shift as jurisdiction changes except as otherwise designated in this policy.
(3) The Middle Rio Grande Conservancy District (MRGCD) and agencies of the Federal Government have primary responsibilities associated with the Rio Grande, major irrigation facilities, and ground water drainage systems. Since the Rio Grande is higher than much of the valley through which it passes, appropriate valley drains shall be utilized to serve the surface drainage function that the undiked river would provide. All agencies shall financially assist in upgrading the drains to serve the drainage and flood control function in conjunction with their normal use. Under the terms of negotiated agreement, routine maintenance of MRGCD facilities would continue to be the responsibility of the MRGCD.
(4) AMAFCA shall have the maintenance responsibility for the North and South Diversion Channels and other facilities constructed using AMAFCA funds.
(5) The city of Albuquerque and/or Bernalillo County within the area of their governmental jurisdiction shall have maintenance and operation responsibilities for drainage and flood control facilities within their geographic boundaries that are not otherwise assigned in this statement.
(Res. 59-1976, approved 4-15-76)
The city hereby adopts the policy that the existing Sunset Canyon Basin canal trainer dike will be upgraded to satisfy the requirements of Forest Service FSM 7540 and that the North Glenwood Hills Arroyo channel will be lined with concrete.
(Res. 155-1980, approved 7-17-80)
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