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HomeMy WebLinkAboutOrdinance No. 176 ORDINANCE N0. 176 AN ORDINANCE OF THE CITY OF FRIENDSWOOD SETTING FORTH THE CONDITIONS AND REQUIREMENTS FOR EXTEPJSIOPJ OF WATER AND SANITARY SEWER LINES WITHIN THE CITY LIh1ITS; PROVIDING A REPEALING CLAUSE, A SAVINGS, CLAUSEy �ND AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section I. Authority to Extend: The Utility Department may extend water and sewer mains in the streets, alleys or easements within the City limits in order to permit connections by persons desiring and seeking water service and sanitary sewer service. Section II, Rates: A charge shall be made against each lot or tract of land and the owner thereof whose water or sewer line shall be hereafter connected with any water main or sanitary sewer main other than interceptor trunk lines in the City of Friendswood. Charges shall be determined by dividing the contract cost of the extension by the number of front feet to be served in the extension. Section III. Extension up to 100 Feet: When the property for which the owner desires water or sewer service is located 100 feet or less from the corner of an intersecting street upon which main lines exist, the City will construct the water or the sewer lines at the City's expense to the nearest corner of the property to be served. It shall be the owners responsibility to pay for the extension of water or sewer lines from this point to the far corner of property owned by him and which is served by the extension requested. Section IV, Extensions over 100 Feet: When the property for which the owner desires water or sewer service is located more than 100 feet from 4 the corner of an intersecting street upon which a mian line exists, and pro- vided that no previous extensions have been made in this block from this existing main line, the City will construct the water or sewer lines for a distance of 100 feet from the corner of the intersecting street rights-of-way at City expense. It shall be the owners responsibility to pay for the exten- sion of water or sewer lines from this point to the far corner of property owned by him and which is served by the extension requested. Section V. Limitation of Extensions: Where the property for which the owner desires water or sewer service is located within a block where prior extensions have been made by the City, it will be the responsibility of the owner to pay for extensions of water and sewer lines from the existing location of the lines to the far corner o� the property owned by him and which is served by the extension requested. When the property for which water or sewer services are desired fronts upon any section of water or sewer lines which have previously been extended at City expense as provided for in this policy, the regular prorated charge as set forth in this policy shall be paid to and retained by the City. Applicants shall pay twice the prorated charge as set forth in this policy for extensions made under this policy, said costs representing the cost per lineal foot of water or sewer lines constructed under the provisions of this policy. Thereafter, when the intervening frontage upon which charges have been paid are connected to the said line exte-sions. the intervening property owner shall pay the prorated charge per front foot as set out in this policy to the person paying the original extension cost. In no event shall the applicant be refunded any amount that would represent any part of the prorated charges against his own property that can be served by the given extension nor any amount in excess of prorated charges paid by intervening property owners. Section VI . New Subdivisions: Where extensions of water or sewer lines are required to serve property which has been subdivided or platted for develop- ment and resale, the City will construct lines or mains under the provisions of this policy upon deposit by the subdivider of the required prorated amount as set forth in this policy to cover extensions to such subdivisions and across the frontage of the tract of land on an already existing and dedicated street of the Ci ty. Section VIII . Availability of Funds or Materials: In no event may the City be required to make extensions in accordance with the provisions of this policy if there are insufficient funds or material available for that purpose. Section IX. Application of Funds Collected: Any and all forms of money collected as a cost fee or collection charge in the manner set out in this article shall be credited to the utility fund of the City. Section X. Existin� Lines Exempt: All property platted into lots or tracts of land and having adequate existing water and sanitary sewer mains or lines adjoining it shall be exempt from the prorated charges from main and line extension; provided, however, that the usual and customary tapping fee shall be collected from the owners or their agents of said property before service connections are made to the said existing mains or lines. Section XI. Specifications of Lines to be set by Cit,�: The designb the size, the location, the grade, and the point of connection of all water and sewer lines shall be set by the City and the City will pay the difference in cost of any water line required by them in excess of six-inch mains and will pay the difference in cost of any sewer lines in excess of eight-inch mains. Section XII, When Owner May Install : All water and sanitary sewer extensions shall be laid, constructed, and installed by the City directly or by contract, except that the owner or his duly authorized agent of a tract of land may exercise the option of installing an extension to serve his property, including all nains, valves, hydrants and other appurtenances as specified by the City at his own expense and through a private contract in which event that particular property would not be charged nor subjected to any additional prorated charges for water or sanitary sewer mains, nor will the person so constructing such water or sewer mains be entitled to any refunds therefor. Section XIII, No Vested Rights: No person shall acquire any vested rights under provisions of this article except the right of repayment of prorated charges. Section XIU. Re ealin Clause: Al1 ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency or conflict and in all other respects this ordinance shall be cumulative of the other ordinances regulating and governing the subject matter covered by this ordinance. Section XV. Savinqs Clause: If any provision, section, subsection, paragraph, sentence, exception, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional , void or invalid by a Court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section XVI. Effective Date: This ordinance shall take effect immediately after the date of its final adoption by the City Council of the City of Friendswood, Texas. PASSED FOR FIRST READING this 18th day of December, 1972 PASSED FOR SECOND READING this 15th day of Januar�_____, 1973 PASSED, APPROVED AND FINALLY ADOPTED this 5th day of March , 1973. , � Ralph L Lowe, Mayor ATTEST: , � � City Secretary