(a) Applicability. This section applies to the extension of water and wastewater services to property not within the City Certificate of Convenience and Necessity ("CCN") but within the extraterritorial jurisdiction of the City ("ETJ"). The use of term “services” in this section shall mean City water and/or wastewater services on a retail or wholesale basis.
(b) Annexation Required. No property in the ETJ, but not in the City's CCN, shall receive services until it is first annexed into the City limits, except as pursuant to subsection (c), herein. A property owner requesting the extension of services to a property located in the ETJ shall first request in writing that the City annex the area proposed to be serviced and shall comply with any and all requirements for annexation under the Texas Local Government Code, as amended, to authorize the City to annex the property. If the City Council agrees to initiate proceedings on the requested annexation, such annexation shall be completed prior to the extension of City services to the property.
(c) Conditions Under Which Services may be Provided in the ETJ Prior to Annexation. The City Council may determine, in its sole discretion, to provide services in the ETJ without first annexing the property upon:
(1) compliance with the conditions set forth below; and
(2) a determination by the City Council that the provision of services is in the best interest of the City.
(d) Adequate capacity exists. There is adequate capacity of City services available for the purpose of servicing residential and commercial users outside the City without impairing services within the City's service area. Whether such adequate capacity exists shall be determined solely by the City Engineer, and the determination of the City Engineer shall be final.
(e) Protection of resources. The extension of services shall not lead to significant degradation of water quality or other environmental resources, or cause or have the potential to cause the City's non-compliance with any local, State, or federal regulations or statutes.
(f) Owners outside City limits to bear costs of service facilities and furnish easements. The property owner requesting service shall be responsible for all costs relating to the design and construction of service facilities. The property owner shall also furnish suitable construction and permanent easements and rights-of-way for utility lines.
(g) Construction to conform to City standards. All design and construction of service facilities shall be in accordance with City standards and specifications.
(h) New subdivisions to comply with City subdivision regulations. New subdivisions recorded after the date of passage of this section desiring services shall comply with the subdivision regulations of the City of Trinidad, Texas, in effect at the time such new subdivision is approved.
(i) City to have right of review. The City shall have the right to review and approve all plats and plans where service is to be provided. The property owner requesting the service shall pay for all reviews in accordance with the Trinidad Fee Schedule, as amended.
(j) Water and sewer facility requirements. Water service will not be provided to residential and commercial users who utilize private sewage facilities.
(k) Service lines to meet ultimate requirements of the City. All service lines shall be sized to serve the ultimate requirements of the City.
(l) City may reimburse owner for oversized service lines. Where the service lines required to meet the ultimate requirements for the City are larger than the total capacity required to serve the tract of land to be developed, the City may enter into a contract with the property owner constructing the service lines for reimbursement for the excess capacity.
(m) Extended service lines to be inspected by the City. All service lines and facilities extending from existing City facilities to any tract of land outside the City limits requesting service shall be inspected by the City's Engineering Department. The property Owner requesting the service shall pay for inspections in accordance with the Fee Schedule, attached as Appendix A, as may be amended.
(n) Wholesale service to another retail public utility. Any provision of City services on a wholesale basis to another retail public utility in the City's ETJ will be governed by a separate wholesale service agreement approved by the City Council incorporating terms and conditions determined by the City Council to be in the best interest of the City. Expenses incurred by the City in the negotiation and execution of a wholesale service agreement shall be reimbursed by the property owner or retail public utility requesting the wholesale se ice.
(o) Development agreement. The property owner shall enter into a development agreement with the City identifying specific design standards, use restrictions, connection of public infrastructure as deemed necessary by the City Engineer, commitment to allow annexation of the property and to comply with any and all requirements to facilitate the annexation under the Texas Local Government Code, and any other terms determined by the City Council to be in the best interest of the City.
(p) Rates. The rates paid by residential and commercial use s located in the ETJ for services shall be in accordance with the Fee Schedule, attached as Appendix A, as maybe amended.
(Ord. 2022-002, passed 4-19-2022)