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(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)
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section.
APPROACH WATER MAIN. The portion of a newly constructed water main from an existing main to the closest outer perimeter of a proposed development.
CITY-INITIATED APPROACH WATER MAIN. Any approach water main constructed by the city, regardless of the size or length of the pipe constructed.
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 water main.
DEVELOPMENT COST.
(1) The cost incurred by the city related to either a city-initiated approach water main or the city participation costs in a developer-initiated approach water main, which costs are based upon the costs contained in the contracts awarded for the construction of the water main, regardless of the final cost and may include design and easement acquisition costs, including any costs and legal fees associated with condemnation of any easement;
(2) The cost incurred by a developer related to the construction of a developer-initiated approach water main based solely on the cost of the contracts awarded for the construction of such water main, without regard to the final cost and may include design and reasonable easement acquisition costs, but excludes any legal and real estate agent fees and other condemnation expenses; or
(3) Both.
DEVELOPER’S DEVELOPMENT COST PERCENTAGE. The development cost incurred by the developer divided by the development cost, expressed as a percentage.
DEVELOPER-INITIATED APPROACH WATER MAIN. Any approach water main constructed by the developer with city participation, regardless of the length and size of the pipe.
FRONTAGE MAIN. The portion of the sanitary sewer or water main located within the frontage of the developing property.
FRONTAGE MAIN ELIGIBILITY. Frontage main eligibility may only occur when the property's frontage main is shared with another property on the opposing side of the street right-of-way to the developer's property that is owned by a separate landowner not affiliated with the developer.
MAXIMUM DAY DEMAND. The water demand based on total projected capita of the development at the maximum day design criteria. The calculation of the maximum day demand is contained in the most current version of the city’s Policy and Procedure for Processing Water and Wastewater Projects for Design and Construction. For most normal uses, the MAXIMUM DAY DEMAND shall be based on the previous known annual average usage multiplied by the maximum day peaking factor.
OTHER DEVELOPMENT. A property that connects directly to the approach water main to which there is a water main capacity charge as a sole source of water supply to the property. It includes property that connects indirectly to other water mains that connect to the approach water main to which there is a water main capacity charge as a sole source of water supply to the property. If the property is connected to another existing water main for a dual source of water supply for the purpose of water system looping and not for the demand needs of the property, then the property is not considered as OTHER DEVELOPMENT. This is determined by the comprehensive water study submitted for review.
PROPOSED DEVELOPMENT. The property for which service is being requested that requires the construction of the developer-initiated approach water 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 development department.
WATER MAIN CAPACITY CHARGE. A charge based on 1,000,000 gallons per day (MGD) of maximum day demand generated by a development.
(Ord. 17623, § 2, passed 6-19-2007; Ord. 21251-05-2014, § 3, passed 5-20-2014; Ord. 23708-06-2019, § 5, passed 6-25-2019)
The city council shall adopt an ordinance prior to the collection of the water main capacity charge assessed by this division for each specific water main. Nothing contained herein requires the city council to adopt such an ordinance, such adoption being in the sole discretion of the city council.
(Ord. 17623, § 2, passed 6-19-2007)
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