WATER AND SEWER EXTENSIONS

§ 50.080 SCOPE OF SUBCHAPTER.

   All water and sewer extensions beyond the existing water and sewer lines will be extended at the customer’s expense.

(1998 Code, § 122-151) (Ord. 97-9, passed 4-2-1997)

§ 50.081 DEPOSIT OF COST; AGREEMENT BETWEEN PROPERTY OWNER AND CITY.

   (A)   The property owner or agent shall deposit with the Water and Sewer Department an amount of money sufficient to cover the cost of the desired water and sewer extension. This cost shall be as determined by the city from time to time.

   (B)   At the time of this deposit, the owner and the city shall execute an extension agreement, which shall cover such subjects as ownership of the line and the method of refund, if any.

(1998 Code, § 122-152)

§ 50.082 LOCATION AND GRADE OF PIPE; EASEMENTS AND RIGHTS-OF-WAY.

   (A)   The location and size of pipe to be used in any water and sewer extension, as well as the grade thereof, shall be determined by the city.

   (B)   Any easements or rights-of-way shall be furnished at the owner’s expense.

(1998 Code, § 122-153)

§ 50.083 CONSTRUCTION.

   The city reserves the right to do and perform all the work and construction required in water and sewer extensions. However, the city may allow each individual property owner or realtor to have the work and construction performed under private contract. In such event, the city reserves the right to inspect the construction. All material used and work performed shall be approved and in conformity with city standards and specifications.

(1998 Code, § 122-154)

§ 50.084 RECOVERY OF COSTS.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      CUSTOMER and USER. The owner or his or her agent in charge of the development.

      DEVELOPMENT. Subdivisions, either residential, business or combinations thereof. It shall also mean apartment houses, townhouses, garden houses and business complexes as well as other multi-use structures. In no event shall the term DEVELOPMENT include one or more lots or tracts owned by one or more individuals within a subdivision.

   (B)   Calculation of user’s share of cost. Upon the extension of water and sewer utilities to each customer to be served, the city shall recover from the customer a part of the cost of the extension through the application of the following formula:

      (1)   Formula. The formula for determining a user’s share of water and sewer extension cost is as follows:

         User’s Fee = (Use3 × Acres4 × Distance8 × $0.70) + (Use7 × $4.00)

      Use   =   Average expected water consumption in gallons per day.

      Acres   =   Total area in acres of the customer’s development.

      Distance   =   Total distance in feet from the nearest available water and sewer line in existence prior to October 15, 1982, to the new customer’s property line.

      (2)   Usage chart. Use as an element in the formula shown in division (B)(1) above is annual average use developed from city records of various customers. Consumption by consumers is shown in the following chart:

	Average Water Consumption
Apartment	140 gpd per unit
Apartment development*	4,200 gpd per acre
Car dealership	1,743 gpd per each
Convenience store	117 gpd per each
Gas station	806 gpd per each
Grocery	1,500 gpd per each
House	303 gpd per house
Office	48 gpd per 1,000 s.f. floor space
Residential development*	1,364 gpd per acre
Restaurant	1,205 gpd per 1,000 s.f. floor space
Retail	21 gpd per 1,000 s.f. floor space
Shopping mall*	140 gpd per 1,000 s.f. floor space
Townhouse	147 gpd per unit
Unspecified combination development*	1,500 gpd per acre
Washateria	2,537 gpd per 1,000 s.f. floor space
NOTES TO TABLE: *Lines will be constructed by the city to the nearest exterior property line of a development.

 

      (3)   Illustration.

         (a)   To illustrate the formula, assume a 20-acre, 300-unit apartment development located 2,000 feet from the nearest water and sewer line.

         (b)   The developer’s share of the cost of the extension is calculated as follows:

   Use   =   Apartments at 140 gpd per apartment = 42,000 gallons per day

   User’s fee   =   (42,000 gpd)3 × (20 acres)4 × (2,000 feet)8 × $0.70 + (42,000 gpd7 × $4.00)

   User’s fee   =   $24.38 × 3.31 × 437.34 × $0.70 + (1,722.96 × $4.00)

   User’s fee   =   $31,596.50

   (C)   Payment required prior to tap. It shall be unlawful for any person to tap onto any water or sewer line so extended without paying the required fee as calculated from the formula.

(1998 Code, § 122-155) Penalty, see § 50.999

§ 50.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Criminal penalty. A person who violates a provision of §§ 50.060 through 50.067 of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $2,000, in accordance with Tex. Local Gov’t Code § 54.001.

      (2)   Civil penalty. The City Attorney is authorized to commence an action for appropriate equitable or injunctive relief in a court of competent jurisdiction, in accordance with Tex. Local Gov’t Code § 54.012. Such relief may include:

         (a)   A civil penalty not to exceed $1,000 per violation per day;

         (b)   Recovery for expenses incurred by the city in responding to a violation of §§ 50.060 through 50.067 of this chapter;

         (c)   Injunction to prevent a violation of §§ 50.060 through 50.067 of this chapter; and

         (d)   All other damages, costs and remedies to which the city may be entitled.

(1998 Code, § 122-147)

   (C)   Notwithstanding any other provision of this code, the penalty for a violation of § 50.020 (tampering with a water meter) is up to $500.

   (D)   Any person violating the provisions of § 50.084 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to the penalty set out in § 10.99.

(Ord. 08-47, passed 11-19-2008; Ord. 14-30, passed 11-5-2014; Ord. 17-21, passed 6-21-2017)