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The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPROACH SEWER MAIN. A sewer main constructed by a developer and is that portion of a sewer main from the connection an existing main to the closest outer perimeter of the proposed development.
CALCULATED SEWER BASIN AREA.
(1) The acres within a sewer basin area that will be subject to a per acre charge. The CALCULATED SEWER BASIN AREA will be determined using the natural basin area bounded by existing topographies as shown on USGS maps. Boundaries of the area shall be provided by a metes and bounds description overlaid on a city base map. The final CALCULATED SEWER BASIN AREA shall be subject to the review and written approval by the city.
(2) The calculated basin area shall not include any sub-basins within the basin area that are equal to or greater than 1,000 acres.
CITY INITIATED SEWER MAIN. Any sewer main constructed by the city regardless of the length and size of pipe constructed or the size of the sewer basin.
CITY PARTICIPATION. The portion of the construction cost that the city reimburses a developer under the policy for the installation of community facilities. CITY PARTICIPATION includes the cost for over-sizing the developer-initiated approach wastewater main.
DEVELOPMENT COST; CITY INITIATED PROJECT. The cost incurred by the city related to the construction of a city initiated sewer main based upon the cost of the construction contracts awarded without regard to the final actual cost, and may include the reasonable cost of easement acquisition, including costs and legal fees associated with condemnation and design.
DEVELOPMENT COST; DEVELOPER INITIATED PROJECT.
(1) The cost incurred by the developer related to the construction of an approach sewer main based solely on the cost of the construction contracts, reduced by the amount of any city participation, awarded without regard to the final actual cost and may include the cost of easement acquisition and design, subject to city written approval.
(2) DEVELOPMENT COST excludes any developer incurred legal fees, real estate agent fees or condemnation expenses incurred in easement acquisition.
FRONTAGE MAIN. The portion of the wastewater or water main located within the frontage of the developing property.
FRONTAGE MAIN ELIGIBILITY (SEWER PER ACRE). Frontage main eligibility may only occur when the property's frontage wastewater main is shared with another property on the opposing side the developer's property that is owned by a separate landowner not affiliated with the developer.
OTHER DEVELOPMENT. Any property located within the calculated basin area that connects
to an approach sewer main constructed by a developer or a sewer main constructed by the city.
PROPOSED DEVELOPMENT. Property for which service is being requested that requires the construction of an approach sewer main. The PROPOSED DEVELOPMENT must be delineated on a concept plan or a preliminary plat (if a concept plan is not required) that has been filed with the city’s planning and development department.
SEWER BASIN AREA. The acres within the calculated basin area that are to be assessed a per acre charge.
(Ord. 15095, § 1, passed 5-14-2002; Ord. 16377, § 1, passed 4-19-2005; Ord. 17522, § 5, passed 4-24-2007; Ord. 21251-05-2014, § 1, passed 5-20-2014; Ord. 23708-06-2019, § 2, passed 6-25-2019)
(a) A per acre charge may be collected for an approach sewer main of any length and size, constructed by a developer, provided the approach sewer main meets the following requirements:
(1) The proposed development to be served by the approach sewer main must be less than or equal to one-third of the calculated sewer basin area to be served by the approach sewer main; and
(2) The sewer basin area to be served by the approach sewer main shall be equal to or greater than 1,000 acres.
(b) It is the developer’s responsibility to provide all necessary information for a determination to be made if a per acre charge is appropriate for any given construction project.
(Ord. 15095, § 1, passed 5-14-2002; Ord. 21251-05-2014, § 2, passed 5-20-2014)
(a) In order for a per acre charge to be assessed, the city council must adopt an ordinance for that purpose. For approach mains constructed under a developer initiated project, the per acre charge shall be calculated as follows.
(1) Development cost shall be determined consistent with the requirements of § 35-83 above.
(2) The developer is responsible for providing the calculated basin area, together with any necessary exhibits as may be reasonably requested by the city. An engineer licensed to practice in the State of Texas shall prepare the calculated basin area. Sub-basins of 1,000 acres or more shall not be included in the calculation of the sewer basin area.
(3) The development cost is divided by the calculated basin area expressed in acres to determine the per acre charge.
(4) An ordinance will be presented to the city council to establish the per acre charge.
(5) The city shall be responsible for providing calculated basin area, together with any necessary exhibits on wastewater mains that have city cost participation for over-sizing the developer-initiated approach and/or frontage wastewater main.
(6) Developer maybe eligible to recoup costs associated with installation of a frontage wastewater main under a front foot charge if applicable to language described above in the Frontage Main Eligibility (Sewer Per Acre) definition. (Refer to Chapter 35 Water and Sewers, Article III, Charges, Division 1, § 35-83 Assessment of Front Footage Charges for Service Connection, of the City Code for more information.)
(b) For sewer mains constructed as a city initiated project, the per acre charge shall be calculated as follows.
(1) Development cost shall be determined consistent with the requirements of § 35-83 above.
(2) The city’s consultant engineer shall determine the calculated basin area or the maps of the USGS may be used.
(3) The development cost is divided by the calculated basin area expressed in acres to determine the per acre charge.
(4) An ordinance will be presented to the city council to establish the per acre charge.
(Ord. 15095, § 1, passed 5-14-2002; Ord. 23708-06-2019, § 3, passed 6-25-2019)
(a) The water department shall be responsible for the collection, refund and maintenance of per acre charges collected.
(b) Except as provided by subsection (c) below, a per acre charge shall be assessed each acre within the calculated sewer basin area served by a sewer approach main or by a sewer main constructed under a city initiated project, without exclusion or reduction.
(c) Park property that is dedicated by final plat or by other instrument prior to the filing of the final plat shall not be assessed.
(d) The payment of the per acre charge assessed hereunder shall be paid at the time the final plat for the proposed development is ready to be filed, but the plat shall not be filed until the per acre charge has been paid.
(e) A four percent (4%) annual cost adjustment shall be added to each prescribed per acre charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
(f) A per acre charge will be assessed for a period of 20 years, commencing on the date that the city accepts the wastewater main.
(g) Collections and reimbursements of a per acre charge will cease when the developer has been fully reimbursed or the time period for assessment of the per acre charge has lapsed, whichever occurs first.
(h) Reimbursement shall be made solely from the per acre charge collected by the city during the period that the per acre charge is assessed for the wastewater service line connections and point of connections to the approach wastewater main.
(i) Any assignment of the per acre charge must be approved by the water department director prior to the execution of the assignment.
(j) Existing community facilities agreements with wastewater mains, or other facilities, eligible for per acre charge collections will continue under the policy that was in effect at the time the agreement was executed.
(k) The reimbursement limit, together with the project number, date construction was completed, permanent record number of the wastewater main, limits of portion of the wastewater main upon which a per acre charge is collectible, and name of the entity entitled to the refund shall be documented by the city.
(l) Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from which per acre charges were paid to the city.
(m) It is the responsibility of the developer/landowner requesting the refund to prove their eligibility to receive the reimbursement due.
(n) In the event the developer/single customer property owner fails to request a reimbursement on a per acre charge within six months after the expiration of the eligibility to receive funds, such un-reimbursed charges shall become the property of the city.
(o) The amount of refund due to the developer each year shall be the assessed per acre capacity charge collected that year multiplied by the "developer's development cost percentage." The remaining portion of the amount collected that year shall be retained by the city as an offset against the development cost incurred by the city.
(p) The city will recover the city development cost for city-initiated approach wastewater main projects or city participation in a developer-initiated approach wastewater main. The city's collection time will cease when city development cost has been fully reimbursed.
(Ord. 15095, § 1, passed 5-14-2002; Ord. 20317-08-2012, § 1, passed 8-7-2012; Ord. 23708-06-2019, § 4, passed 6-25-2019; Ord. 26623-12-2023, § 3, passed 12-12-2023, eff. 1-1-2024)
The city council may adopt an ordinance assessing a per acre charge calculated in accordance with this Division 3 to be assessed within a basin area.
(Ord. 15095, § 1, passed 5-14-2002)
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