(a) Authority. The director is authorized to:
(1) extend water and wastewater mains to permit connections to persons seeking service;
(2) replace water and wastewater mains which are substandard in size or condition; and
(3) make rules and regulations, not in conflict with this article or other laws, regarding the extension of mains by or for developers to serve newly created or redeveloped subdivisions or resubdivisions.
(b) Special assessments. The cost of extension of a water or wastewater main a distance greater than 100 feet will be charged to an individual owner who specially benefits from the extension in accordance with the provisions of this section and the procedures established in Subchapter D of Chapter 402, Texas Local Government Code, as amended. A special assessment will be based upon the front foot rate prescribed in Section 49-18.10(a), unless the city council finds it necessary to adjust the rate under the circumstances set forth in Subsection (c) of this section. The director is authorized to promulgate regulations, not in conflict with state law or this chapter, governing how requests for extensions under this subsection are made and presented for assessment. In calculating the 100-foot requirement of this section, street intersection distances will be excluded.
(c) Manner of special assessment. A lot or tract of land which is not a corner lot and which extends between street lines so as to abut on two or more public streets will be specially assessed for each frontage if the property will be or is used in a manner such that service will actually be used from the mains in those streets; otherwise, the property will be specially assessed based only upon the frontage where the connection is made to the main.
(d) Adjustment of rates. If the city council determines in an assessment under Subsection (b) that the front foot rate prescribed in Section 49-18.10 exceeds the special benefit to a lot or tract by its enhanced value, or that the manner of assessment creates an inequality or injustice as to similarly situated lots or tracts, the city council, in order to insure substantial equality of benefits received and burdens imposed, will:
(1) adjust the prescribed front foot rate; or
(2) determine another method of apportioning the charges.
(e) Private service replacements. If the director determines it necessary to replace or relocate a building water line or building lateral incidental to the extension, relocation, or replacement of a main under this article because of the size or location of the main extension, relocation, or replacement, the director is authorized to:
(1) require the property owner to perform the private work at the owner’s expense; or
(2) cause the private work to be done in accordance with Article 402.901, Texas Local Government Code, which article is hereby adopted as the procedure for this subsection in all respects as it applies to the city.
(f) Manner of special assessment payment. A special assessment under Subsection (b) or (d)(2) may be paid in a lump sum, or by installment, in accordance with the terms prescribed in the applicable assessment ordinance. Where paid in installments, a mechanic’s lien contract and installment promissory note must be executed on forms provided by the director and approved by the city attorney.
(g) Liability in event of transfer. If a mechanic’s lien contract and installment promissory note have been executed as provided under this section, and ownership of the property changes after execution of the contract and note, the new owner may assume payment of the unpaid installments. The new owner takes the property subject to the lien for special assessments. Notwithstanding the new owner’s assumption of liability, the previous owner remains personally liable for special assessment payments owed under the contract until it is paid in full. In the event of nonpayment, the director may:
(1) discontinue service to the property;
(2) enforce the lien created under the contract and note; or
(3) look to the previous owner for payment due.
(h) Lot or acreage fee. If an individual owner of property using the water or wastewater system for the first time connects to an existing main constructed by a developer entitled to city participation under Section 49-62, the individual owner shall be charged a lot or acreage fee to aid in reimbursement of developer construction in accordance with the following rules:
(1) The fee shall be charged as prescribed in Section 49-18.10(c). An individual owner of a lot that is part of a subdivided tract shall pay a lot fee; an individual owner of an unsubdivided tract shall pay an acreage fee.
(2) Notwithstanding any lot or acreage fee previously paid under this subsection, if an individual owner subdivides, develops or redevelops his property in a manner necessitating new extensions, the rules regarding developers in this article shall apply.
(3) The lot or acreage fee charged shall be the fee in effect on the date the individual owner applies for a service connection permit. The fee shall be paid prior to issuance of the connection permit.
(4) All lot and acreage fees collected shall be deposited to the credit of the appropriate city fund. All fees collected shall be used only for the purpose of reimbursing developers as required under Section 49-62.
(i) No obligation to extend. The city and the director are not obligated to make a main extension if:
(1) funds to pay for the extension are not available to the city;
(2) the director determines for engineering or financial reasons that an extension is not practical; or
(3) the individual owner or developer requesting the extension fails to abide by the provisions of this article. (Ord. Nos. 19201; 19622; 20215; 20653; 26925; 29645)