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(a) The water department shall be responsible for collecting, maintaining, and reimbursing sewer capacity charges.
(b) A sewer capacity charge shall be assessed on other development located in the approved basin boundaries of developer-initiated or city-initiated sewer infrastructure projects. The sewer capacity charge for a property that meets the definition of other development that is redeveloping or going through a change of use will be based on the additional peak discharge rate necessary for the property that is approved by the city.
(c) Sewer capacity charges shall be paid to the city when the developer submits a building permit application to the city.
(d) For developer-initiated sewer infrastructure projects, the developer should make a written request for reimbursement each November following the city's final acceptance of the developer-initiated sewer infrastructure project. It is the responsibility of the developer requesting the reimbursement to prove its eligibility to receive the reimbursement.
(e) A four percent (4%) annual cost adjustment shall be added to each prescribed sewer capacity charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
(f) Reimbursement of a sewer capacity charge to a developer shall cease when the developer has recovered its share of the development cost or after a period of 20 years, whichever occurs first.
(g) Any assignment of the right to reimbursement of a sewer capacity charge by a developer must be approved by the water department director, or their designee, prior to the execution of the assignment.
(h) Records reflecting the reimbursement limit, together with the project number, date construction was completed, permanent record number of the sewer main, limits of a portion of the sewer main upon which a sewer capacity charge has been assessed, and name of the entity entitled to the reimbursement shall be maintained by the city.
(i) It is the responsibility of a developer or landowner requesting a reimbursement to submit documentation satisfactory to the city to prove their eligibility to receive the reimbursement if the developer or landowner requesting the reimbursement is not the developer or landowner for which the sewer capacity charge was established.
(j) 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 sewer capacity charges paid to the city.
(k) The amount of reimbursement due to the developer each year shall be the assessed sewer 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 reimbursement for the city participation in the project.
(l) The city will recover the city's development cost for a city-initiated sewer infrastructure project or city participation in developer-initiated sewer infrastructure project. The city's collection time will cease when city's development cost has been fully reimbursed.
(Ord. 26324-08-2023, § 1, passed 8-8-2023; Ord. 26623-12-2023, § 5, passed 12-12-2023, eff. 1-1-2024)
Editor’s note:
Section 1 of Ord. 12274, adopted November 28, 1995, repealed §§ 35-81 through 35-130 in their entirety. Formerly, said sections pertained to regulations governing industrial wastewaters, and derived from §§ I(1) through (7)(F) of Ord. 10880, adopted July 23, 1991, and §§ 5 and 6 of Ord. 11717, adopted November 1, 1994.
No building permit shall be issued for the erection of any building upon real property within the city unless the applicant for the building permit gives the particular agency or department to which application is being made sufficient proof of the type of approved excreta disposal system to be used for the structure.
(1964 Code, § 19-407) (Ord. 11146, § 1, passed 8-11-1992)
(a) No on-site sewage disposal system, as defined in Tex. Health and Safety Code Chapter 366, shall be constructed, covered or used until a permit shall have been issued by the director of the city department of public health or other governmental entity authorized to do so by the city council. The director or the authorized entity shall inspect all on-site sewage disposal systems for compliance with all local and state regulations. No on-site sewage disposal system shall be covered or used until it has been inspected and approved by the director of the city department of public health or such other governmental entity authorized by the city council. All inspection and permitting authority prescribed herein shall include the enforcement of all local and state regulations governing on-site sewage disposal systems.
(b) The city, upon approval and authorization by the city council, may enter into an agreement with another local governmental entity authorizing said other governmental entity to perform all or a portion of the inspection and permitting functions described in this section in place of the director of the city department of public health. If the city council does authorize another governmental entity to assume the said functions, such entity shall retain those functions exclusively until the city council expressly terminates such authority and responsibility. Provided, however, that the city shall retain exclusive responsibility for inspection and permitting of on-site sewage disposal systems in the Lake Worth watershed area.
(1964 Code, § 19-408) (Ord. 11146, § 1, passed 8-11-1992)
A permit for an on-site sewage disposal system may be withheld if the director or authorized entity determines that operation or location of the particular on-site sewage disposal system would adversely affect the public health.
(1964 Code, § 19-409) (Ord. 11146, § 1, passed 8-11-1992)
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