This article applies in the planning jurisdiction of the City except as otherwise provided in this article.

Source: Ord. 001214-70; Ord. 031211-11.

In this article:

(1)

APPROVED USE means an application of reclaimed water authorized by a reclaimed water agreement.

(2)

APPROVED USE AREA means a site designated in a reclaimed water agreement to receive reclaimed water for an approved use.

(3)

COMMISSION means the Texas Natural Resources Conservation Commission.

(4)

DRAWINGS mean plans, working drawings, detail drawings, profiles, typical cross sections, or reproductions that show locations, character, dimensions, or details of work related to a reclaimed water system and its components.

(5)

INDUSTRIAL USE means an approved use of reclaimed water for industrial or commercial processes as defined by 30 Texas Administrative Code, Chapter 210.

(6)

IRRIGATION USE means an approved use of reclaimed water for landscape, horticultural, or agricultural irrigation as defined by 30 Texas Administrative Code, Chapter 210.

(7)

MUNICIPAL WASTEWATER means wastewater collected from dwelling units, commercial buildings, and institutions including process wastes of industry, groundwater infiltration, miscellaneous waste liquids, spent water from building water supply, and waste materials from bathrooms, kitchens and laundries.

(8)

OFFSITE FACILITIES means reclaimed water distribution, storage, or delivery facilities upstream of the point of connection to an approved use area.

(9)

ONSITE FACILITIES means reclaimed water distribution facilities downstream of the point of connection to an approved use area.

(10)

POINT OF CONNECTION means a location where offsite facilities connect to onsite facilities, at the downstream end of the Utility's reclaimed water service meter.

(11)

RECLAIMED WATER SERVICE means furnishing reclaimed water to a user through a metered connection to onsite facilities.

(12)

RECLAIMED WATER means reclaimed municipal wastewater that is under the direct control of the City treatment plants, satellite facilities, or a treatment plant with which the City contracts, and that has been treated to a quality that meets or exceeds 30 Texas Administrative Code, Chapter 210 requirements.

(13)

SATELLITE FACILITY means a package wastewater treatment plant.

(14)

SERVICE AREA means the territory within the City and within its extraterritorial jurisdiction.

(15)

STORAGE FACILITY means an impoundment or structural tank that receives reclaimed water from a producer.

(16)

USER means a party to a reclaimed water agreement with the City.

(17)

UTILITY means the Water and Wastewater Utility.

(18)

UTILITY STANDARD means a design criterion of the City, American Water Works Association, or the Commission.

(19)

WATER RIGHT means a real property right to divert, use, or consume water flowing to, over, or under land.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The director of the Water and Wastewater Utility may make reclaimed water available to properties within the service area as the Utility extends the reclaimed water distribution system

(B)

The director of the Water and Wastewater Utility shall prescribe design requirements for reclaimed water facilities, the manner of construction, the method of operation, and conditions of service.

(C)

The director of the Water and Wastewater Utility may refuse to provide service for the following reasons:

(1)

reclaimed water service would be detrimental to the potable water system;

(2)

City supply of treated wastewater is inadequate to meet the anticipated needs of the proposed use area;

(3)

required fees have not been paid;

(4)

reclaimed water service to the area would not benefit the City;

(5)

the proposed use is inappropriate for reclaimed water; or

(6)

known safeguards are not in place to protect the public health or the environment.

(D)

In determining whether to provide reclaimed water service to an applicant, the director of the Water and Wastewater Utility may consider the following factors:

(1)

the existence of a reclaimed water main adjacent to or near the premises of an applicant; and

(2)

the applicant's offer to pay the cost of service extension.

Source: Ord. 001214-70; Ord. 031211-11.

An applicant for a subdivision plat, building permit, site plan, water service extension, or water connection within the service area may submit an application to use reclaimed water. The director of the Water and Wastewater Utility shall prescribe an application form for reclaimed water service.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The director of the Water and Wastewater Utility shall review an application for reclaimed water service and investigate the proposed service. The investigation may include a site visit with the user to determine the feasibility of reclaimed water service.

(B)

The director of the Water and Wastewater Utility shall determine whether the application meets the requirements of this article and of the Commission.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

A user must submit design drawings and specifications to the director of the Water and Wastewater Utility for approval before the user may construct or retrofit an onsite facility that will use or receive reclaimed water.

(B)

A user must submit to the Utility drawings of the final installed onsite reclaimed water system and the entire approved use area before beginning operation.

Source: Ord. 001214-70; Ord. 031211-11.

A user must install a backflow prevention assembly on the reclaimed water service line before the director may provide reclaimed water service.

Source: Ord. 001214-70; Ord. 031211-11.

A user must design storage facilities used for storing reclaimed water in accordance with 30 Texas Administrative Code, Chapter 210.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

If the director of the Water and Wastewater Utility approves the application, the Utility may enter a reclaimed water service agreement with a user.

(B)

A reclaimed water agreement must incorporate the requirements of this article and additional utility standards, if any, prescribed by the director of the Water and Wastewater Utility.

(C)

The user must sign the reclaimed water agreement acknowledging that the user is responsible for onsite activities and must agree to hold the City harmless from claims arising out of user's operation and maintenance of reclaimed water service.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The City may discontinue reclaimed and potable water service to a user if the user:

(1)

violates this article;

(2)

fails to pay water bills;

(3)

tampers with the service;

(4)

cross-connects with a potable water source;

(5)

refuses to permit an authorized city representative to enter its premises to inspect the user's reclaimed water system; or

(6)

performs an act that may be detrimental to the water or wastewater system.

(B)

A user who seeks to discontinue service must pay for the reclaimed water used until the service is discontinued.

(C)

A user may not reconnect a discontinued service without the director of the Water and Wastewater Utility's approval.

(D)

If a user reconnects a discontinued service without the director of the Water and Wastewater Utility's approval, the Utility may remove the service and charge an additional fee.

(E)

The Utility may not charge a fee for discontinued reclaimed water service.

(F)

A user may apply for reinstatement of service after paying the fees or charges authorized by this article.

(G)

The director of the Water and Wastewater Utility shall charge a fee for service reinstatement.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The Utility and its authorized agents, employees, or contractors are responsible for the operation, management, and control of the offsite facilities and the oversight of reclaimed water.

(B)

The Utility shall:

(1)

obtain necessary Commission permits for the offsite use of reclaimed water under 30 Texas Administrative Code, Chapter 210;

(2)

conduct reclaimed water quality assessments to comply with the requirements of the regulatory agencies; and

(3)

inspect the user's onsite facilities and their operations for conformance with this article.

(C)

Before the Utility requests council approval to construct new reclaimed water satellite facilities the Utility shall request the recommendations of the Water and Wastewater Commission, Environmental Board, and Land Use Commission.

Source: Ord. 001214-70; Ord. 010607-8; Ord. 031211-11.

(A)

A user may not make a connection to existing Utility facilities without the approval of the director of the Water and Wastewater Utility.

(B)

A user is responsible for constructing an onsite service line to an established point of connection.

(C)

A user shall provide supervision of onsite facilities to assure compliance with this article and Chapter 15-1 (Cross-Connection Regulations) of the City Code.

(D)

A user shall provide access at reasonable times for inspections.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

A user may use reclaimed water for the following purposes:

(1)

turf and general landscape irrigation;

(2)

non-food processing industrial processes;

(3)

non-residential toilet and urinal flushing;

(4)

construction activities;

(5)

vehicle washing;

(6)

air conditioning cooling towers; and

(7)

other uses authorized by the director of the Water and Wastewater Utility.

(B)

A user may use reclaimed water only in areas authorized by the director of the Water and Wastewater Utility.

(C)

A user may not give, sell, trade, or transfer reclaimed water to another area without the written approval of the director of the Water and Wastewater Utility.

(D)

A user may not discharge airborne or surface reclaimed water from the user's property, other than to a wastewater treatment system or wastewater collection system, without obtaining a permit from the Commission authorizing the discharge. The user must notify the Utility of the permit application.

(E)

A user who uses reclaimed water for cooling or processing must discharge the water to a sanitary sewer or use another method of discharge approved by the director of the Water and Wastewater Utility.

(F)

A user may not interrupt reclaimed water service in a portion of the Utility system without the approval of the director of the Water and Wastewater Utility. The director of the Water and Wastewater Utility may direct, inspect, and determine the time for an interruption of service to an existing system.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The Utility may inspect, remove, or secure devices installed by the user to control reclaimed water.

(B)

Utility personnel may inspect during normal business hours without notice to the user.

(1)

The Utility and regulatory agencies may make periodic unannounced inspections of the onsite reclaimed water system.

(2)

The user and its operations personnel shall cooperate with inspectors and assist in performing operational tests.

(C)

An onsite reclaimed water system must pass an operational test before the Utility may approve the system.

(D)

The director of the Water and Wastewater Utility may grant user final approval for reclaimed water service if:

(1)

the director of the Water and Wastewater Utility approves the drawings;

(2)

the system passes an inspection and cross connection control test; and

(3)

the user makes corrections required by the Utility.

Source: Ord. 001214-70; Ord. 031211-11.

A user must identify reclaimed water facilities in accordance with utility standards.

Source: Ord. 001214-70; Ord. 031211-11.

A user may not:

(1)

use reclaimed water for a purpose not approved in the reclaimed water agreement;

(2)

use or apply reclaimed water for a purpose, including approved uses, directly or by windblown spray, to an area other than that approved in the reclaimed water agreement;

(3)

use hose bibs on an onsite reclaimed water system unless the director approves the use of hose bibs; or

(4)

allow obstructions to impede access to meter boxes or other facilities.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The Utility shall charge the rate provided by separate ordinance for the following:

(1)

reclaimed water fee;

(2)

tap fee;

(3)

meter set charges;

(4)

engineering or inspection fees;

(5)

reconnection fee; and

(6)

service reinstatement fee.

(B)

A user of reclaimed water service must pay an additional fee set by separate ordinance for discharge of reclaimed water to the sanitary sewer.

Source: Ord. 001214-70; Ord. 031211-11.

If a reclaimed water meter fails to register or registers inaccurately, the Utility may charge an average daily consumption rate based on a reading of the meter when in use and registering accurately during the same season or as close to the same season as is reasonably possible.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

The Utility may bill for reclaimed water monthly.

(B)

An active account becomes delinquent when full payment is not received in the Utility customer service office by the due date on the bill.

(C)

The Utility may discontinue a delinquent account, regardless of location, until the billing is paid.

Source: Ord. 001214-70; Ord. 031211-11.

The delivery of reclaimed water by the Utility and the acceptance and use of the reclaimed water by the user is not a transfer by the Utility or an acquisition by the user of a water right.

Source: Ord. 001214-70; Ord. 031211-11.

(A)

A person commits an offense if the person knowingly violates any provision of this article.

(B)

An offense under this subsection is a Class C misdemeanor punishable by a fine not to exceed $2,000.

(C)

Each instance of a violation of this article is a separate offense.

Source: Ord. 001214-70; Ord. 031211-11.

This article applies to a site that includes multi-family and non-residential buildings and that receives retail water service from Austin Water or a successor department.

Source: Ord. No. 20240307-037, Pt. 2, 3-18-24.

In this article:

(1)

COMMERCIAL BUILDING means a building that is developed for industry, commerce, trade, recreation, business, or municipal, institutional, or civic use.

(2)

DIRECTOR means the director of Austin Water.

(3)

LARGE DEVELOPMENT PROJECT means the construction of one or more multi-family, mixed use, or commercial buildings on one or more parcels in accordance with a phased plan or approved site plan, with a total gross floor area for the building(s) of 250,000 square feet or more.

(4)

MIXED USE BUILDING means a building developed for any combination of commercial and multi-family building uses.

(5)

MULTI-FAMILY BUILDING means a building that contains five or more residential housing units.

(6)

ONSITE WATER REUSE SYSTEM means a system that collects, treats, and uses alternative water sources for non-potable uses at the building to district or neighborhood scale, generally at a location near the point of generation.

(7)

SMALL DEVELOPMENT PROJECT means the construction of one or more multi-family, mixed use, or commercial buildings on one or more parcels in accordance with a phased plan or approved site plan, with a total gross floor area for the building(s) of less than 250,000 square feet.

(8)

WATER BENCHMARKING APPLICATION means the form approved by the director that provides information on a proposed development project's anticipated water usage by source, and that provides a water balance calculation for the project.

Source: Ord. No. 20210930-117, Pt. 1, 12-1-21; Ord. No. 20240307-037, Pts. 1, 3, 3-18-24.

(A)

A small development project with a property boundary located within 250 feet in horizontal distance of a reclaimed water line, measured based on the closest practicable access route, shall connect to a reclaimed water line and use reclaimed water for irrigation, cooling, toilet flushing, and other significant non-potable water uses identified in the water balance calculator.

(B)

A large development project with a property boundary located within 500 feet in horizontal distance of a reclaimed water line, measured based on the closest practicable access route, shall connect to a reclaimed water line and use reclaimed water for irrigation, cooling, toilet flushing and other significant non-potable water uses identified in the water balance calculator.

(C)

The director may grant a variance for the requirements of this section for:

(1)

small development projects if site conditions are such that compliance would represent a significant financial hardship to the applicant; or

(2)

uses associated with public health and safety.

(D)

The director shall grant a variance for the requirements of this section for a large development with a multifamily component that is more than 250 feet from and within 500 feet of a reclaimed water line until April 1, 2024.

(E)

A development is not required to connect to a reclaimed water line or use reclaimed water when the director of the Housing Department certifies the development is participating in a city, state, or federal program that requires:

(1)

A minimum of fifty percent on-site income-restricted dwelling units for 60% or lower median family income for rental units; or

(2)

A minimum of fifty percent on-site income-restricted dwelling units for 80% or lower median family income for ownership units.

Source: Ord. No. 20210930-117, Pt. 2, 12-1-21; Ord. No. 20231130-086, Pt. 1, 12-11-23; Ord. No. 20240307-037, Pts. 1, 4, 3-18-24.

(A)

Water Benchmarking Application.

(1)

Applicability. This subsection applies to a small or large development project for which a site plan application is submitted under Chapter 25-5 (Site Plans).

(2)

Director's Review and Approval.

(a)

A site plan application must include a completed water benchmarking application.

(b)

Approval of the water benchmarking application by the director is required as a condition of site plan approval.

(B)

Director Consultation Required. In addition to the requirements in Subsection (A), an applicant requesting approval of a large development project must meet with the director prior to site plan release to discuss water efficiency code requirements, water use benchmarking data, and incentives and rebates for alternative water use.

Source: Ord. No. 20210930-117, Pt. 3, 12-1-21; Ord. No. 20240307-037, Pt. 1, 3-18-24.

(A)

Except as provided in Subsection (B), an onsite water reuse system is required for a large development project for which a site plan application is submitted under Chapter 25-5 (Site Plans) as specified in Chapter 15-13 (Regulation of Onsite Water Reuse Systems).

(B)

A development is not required to have an onsite water reuse system when:

(1)

the director approves a fee in lieu of providing an onsite water reuse system under Subsection (C); or

(2)

the director of the Housing Department certifies the development is participating in a city, state, or federal program that requires:

(a)

a minimum of fifty percent on-site income-restricted dwelling units for 60% or lower median family income for rental units; or

(b)

a minimum of fifty percent on-site income-restricted dwelling units for 80% or lower median family income for ownership units.

(C)

Fee in Lieu of Providing On-site Water Reuse System.

(1)

The director may approve the payment of a fee in lieu of providing an on-site water reuse system if:

(a)

the applicant submits a written request in a manner prescribed by the director at the time of site plan submittal; and

(b)

the director determines that the qualifying multi-family building is more than 500 feet from the centralized reclaimed system; and

(c)

the applicant installs separate distribution plumbing to all non-potable fixtures within the project for a future centralized connection in accordance with the Utilities Criteria Manual before issuance of a certificate of occupancy.

(2)

The amount of the fee in lieu shall be established by separate ordinance.

(3)

For a site plan application filed on or after April 1, 2024, the fee in lieu shall be calculated using the rate set forth in the fee schedule in effect at the time the site plan application was filed.

Source: Ord. No. 20210930-117, Pt. 4, 12-1-23; Ord. No. 20240307-037, Pts. 1, 5, 3-18-24.

This article applies in the planning jurisdiction of the City unless stated otherwise in this article.

Source: Section 13-3-1; Ord. 990225-70; Ord. 031211-11.

The service area of the Austin Water Utility is coterminous with the water and wastewater impact fee service area established by the council under Chapter 25-9, Article 3 (Water And Wastewater Capital Recovery Fees), including each amendment or revision of the area.

Source: Section 13-3-5; Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061.

The City may not provide water or wastewater service outside the service area of the Austin Water Utility unless the council by ordinance waives the prohibition.

Source: Section 13-3-5(b); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11; Ord. 20090820-061.

In accordance with Sections 26.173 and 26.177 of the Texas Water Code, the Health Authority:

(1)

may inventory, monitor, and periodically inspect and test the discharge from a wastewater treatment plant; and

(2)

shall impose on the owner of a plant an annual fee for inspecting and sampling the discharge.

Source: Section 13-3-2(b) and (c); Ord. 990225-70; Ord. 031211-11.

This subpart does not apply to a service extension that is constructed as part of a project serving a property for which the Director determines that the water or wastewater system that will serve the property can provide suitable and sufficient service in accordance with the Utilities Criteria Manual, and:

(1)

the nearest point on the property's boundary is 100 feet or less from an accessible water or wastewater system; or

(2)

the Director determines that a suitable service connection can be made in compliance with the Utilities Criteria Manual to a water or wastewater main on the opposite side of an undivided city or county roadway.

Source: Section 13-3-9(a); Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

In this division:

(1)

CONSTRUCTION, with reference to a facility, means only the actual physical construction of the facility. The term does not include the engineering and project management for a facility.

(2)

COST PARTICIPATION means a calculated percentage, as set forth in Section 25-9-62 (Amount of Cost Participation), of hard costs, plus up to 15% of the calculated percentage of hard costs to reimburse soft costs. The City would pay the sum of these amounts to the entity executing the agreement identified in Section 25-9-67 (Agreement).

(3)

DECENTRALIZED WASTEWATER SYSTEM means a wastewater system other than one that is connected to a City wastewater treatment plant, and includes an on-site wastewater disposal system, a cluster wastewater system, or a small wastewater treatment plant.

(4)

DIRECTOR means the director, or his designee, of the City's Austin Water department or successor department.

(5)

FACILITY means an apparatus or improvement that is used in conjunction with a water or wastewater main that provides water or wastewater service to a property, regardless of where the facility is located. The term includes a lift station, force main, wastewater treatment plant, pump station, reservoir, Pressure Reducing Valve station, a decentralized wastewater system component, alternative wastewater system, or an addition to an existing facility that increases the capability of the existing facility to provide water or wastewater service.

(6)

HARD COSTS means the actual cost of construction and materials determined after completion and final acceptance of a project.

(7)

OVERSIZE, with reference to a water or wastewater main or facility, means an increase in the size or capacity of the main or facility above the minimum size or capacity required by the Utilities Criteria Manual, including fire flow requirements, that is necessary to provide utility service to meet the projected demands of the property to be served.

(8)

SERVICE EXTENSION means a water or wastewater main or facility that provides new or additional water or wastewater service to a property.

(9)

SOFT COSTS means the cost of preliminary engineering reports, surveying, geotechnical studies, design, and project management of the construction and installation of a main or facility. This term does not include costs such as financing, interest, fiscal security, permitting, accounting, insurance, governmental fees (including inspection fees), legal services, easements, and all other soft costs associated with the construction of a main or facility.

(10)

SUITABLE AND SUFFICIENT SERVICE means the ability of the existing water and wastewater system at the property to appropriately serve the property and meet the size and capacity criteria as defined in the Utilities Criteria Manual.

(11)

WATER means potable water or reclaimed water as defined by Section 210.3(24) of Title 30 of the Texas Administrative Code.

(12)

WATER OR WASTEWATER MAIN means an appurtenance to a water distribution or wastewater collection system. The term includes all components and equipment necessary to make the water distribution or wastewater collection system operable in compliance with the design criteria and standards in the Utilities Criteria Manual, or the equivalent design criteria and standards as determined by the Director.

(13)

WATER OR WASTEWATER SERVICE LINE means the branch of pipe extending from the water or wastewater main to the approximate location of the property or easement boundary intended to provide direct retail service to a property.

(14)

WASTEWATER INTERCEPTOR means a wastewater main generally considered to be 18-inches in diameter or larger and to which direct connections for retail service to a property are not allowed, unless an exception is approved by the Director.

(15)

WATER TRANSMISSION MAIN means a potable water main generally considered to be 24-inches in diameter or larger and to which direct connections for retail service to a property are not allowed, unless an exception is approved by the Director.

Source: Section 13-3-9(b); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065; Ord. No. 20240307-037, Pt. 6, 3-18-24.

(A)

A service extension request application is required to:

(1)

connect a property to a City utility system if an accessible water or wastewater main is more than 100 feet from the property's boundary;

(2)

connect a property to a water transmission or wastewater interceptor within 100 feet of the property's boundary, unless an exception is approved by the Director;

(3)

provide utility service to a property if an existing main or facility is unsuitable or insufficient to provide service to the property;

(4)

provide service from a decentralized wastewater system to a property where the Director recommends the City operate and maintain that decentralized wastewater system.

(B)

A person must submit an application for a service extension to the Director. The Director may not accept an application if the application is not complete and the applicant has not paid the required non-refundable fee.

(C)

An application for approval of a service extension must:

(1)

include a general description of the location, size, and capacity of the service extension;

(2)

be accompanied by a request for annexation of the property by the City if the land is not covered by the City's certificate of convenience and necessity; and

(3)

include other information as required by the Director.

(D)

If either water or wastewater service is to be provided by an entity other than the City, the applicant may be required to submit evidence of a commitment from the other entity to provide the appropriate level of service required for the proposed land use. The evidence must be in the form of:

(1)

a contract with the entity;

(2)

a letter from the entity; or

(3)

the minutes of the relevant meeting of the governing body of the entity.

(E)

Except as provided by Section 25-9-3 (Service Outside Service Area Prohibited), the Director may not accept an application for a service extension if the property to be served by the service extension is not in the service area of Austin Water.

Source: Sections 13-3-9(b), 13-3-10(a), (b), and (d), and 13-3-11(a), (d), and (e); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20050929-077; Ord. 20090820-061; Ord. 20130321-065.

(A)

Administrative Review. An administrative review will be conducted to determine the completeness of a service extension applications. Within a time period established by state law, notification will be sent to an applicant indicating whether an application is administratively complete or if additional information is required.

(B)

Technical Review. After an application is determined to be administratively complete, a technical review will be conducted. Technical review may include, but is not limited to, a determination of the service requirements for the subject property, the system capacity, cost participation, and type of improvements necessary to provide service to the property. Additional information may be required from the applicant for completion of technical review.

During technical review a professional engineer employed by Austin Water shall determine the size of a water or wastewater main or the capacity of a facility that is roughly proportionate to the size or capacity that is required to serve the proposed development in accordance with Section 212.904 of the Texas Local Government Code (Apportionment of Municipal Infrastructure Costs).

(C)

Notification of Approval. Upon completion of the technical review, and subject to the approval requirements of Section 25-9-35 (Approval of Service Extension Request), notification of approval of the service extension request will be sent to the applicant.

(D)

Deficient or Inactive Applications. Unless approved by the Director, a service extension application is deemed rejected on the first anniversary of the date the Director provides initial written notice to the applicant stating that:

(1)

the application is administratively incomplete or is technically deficient; or

(2)

due to the applicant's inactivity, the Director has placed the application on inactive status.

Source: 20090820-061; Ord. 20130321-065.

(A)

Except as provided in Subsection (B), city council approval of a service extension request or amendment of an unexpired, approved service extension request is required.

(B)

The Director may approve an application for a service extension request or amendment of an unexpired service extension request if:

(1)

the Director determines that sufficient capacity exists or will be available to meet the projected demands of the property to be served; and

(2)

the property is located:

(a)

in the desired development zone; or

(b)

in the drinking water protection zone and within the full purpose corporate limits.

Source: Section 13-3-10(c) and (d); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

An applicant for a service extension request shall perform an environment assessment if required by the Director.

(B)

An applicant is responsible for the cost of the environmental assessment.

Source: Section 13-3-11(c); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

After a request for a service extension has been approved, an applicant must submit the construction plans for needed improvements and a copy of the approved service extension request to the Director for review and approval of the size, capacity, routing, and location of the improvements.

(B)

The Director may approve the size, capacity, routing, and location of an improvement only if it complies with the Utilities Criteria Manual, or equivalent standards as determined by the Director, and with each applicable City requirement.

Source: Section 13-3-11(b); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

An applicant for a service extension request shall provide information determined by the Director to be necessary to demonstrate that construction of the service extension complies with the requirements of the City.

Source: Section 13-3-11(c); Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

This subsection applies to a service extension request approved before April 17, 2000.

(1)

Unless extended under this subsection or Subsection (D), the approval of a service extension request remains in effect until the latest of:

(a)

the date on which the preliminary plan expires for the property to be served by the service extension;

(b)

the second anniversary of the date on which the service extension request was approved if, on or before that date:

(i)

a preliminary plan for the property to be served has not been approved; and

(ii)

construction of the service extension has not begun; or

(c)

the third anniversary of the date on which the service extension request was approved, if:

(i)

on or before that date a preliminary plan for the property to be served has not been approved; and

(ii)

construction of the service extension began before the second anniversary of the date on which the service extension request was approved but, on or before the third anniversary of that date, construction of the service extension has not been completed and accepted for operation and maintenance by the City.

(2)

If construction of a service extension begins while the approval is in effect under Paragraph (1), the Director may extend the approval of a service extension request for the period of time estimated to be necessary to complete construction of the service extension.

(B)

This subsection applies to a service extension request approved after April 17, 2000, and on or before March 31, 2013.

(1)

Except as set forth in Paragraph(2) of this subsection, an approved service extension request expires on the latest of:

(a)

120 days after the date of its approval;

(b)

for a project with a pending development application, the date the application expires; or

(c)

for a project with an approved development application, the date the approval expires.

(2)

For a project with a recorded plat, the service extension request does not expire.

(3)

If a project's intensity, proposed land uses, or anticipated water or wastewater demands change, any such change must be reported to the Director and there must be an application for the amended service extension request unless the Director determines the change is not so substantial as to require an amendment.

(C)

This subsection applies to a service extension request approved on or after April 1, 2013.

(1)

Except as set forth in Paragraph (2) of this subsection, an approved service extension request expires on the latest of:

(a)

180 days after the date of its approval;

(b)

for a project with a pending development application, the date the application expires; or

(c)

for a project with an approved development application, the date the approval expires.

(2)

For a project with a recorded plat, the service extension request does not expire for the portion of the property that was platted.

(3)

If a project's intensity, proposed land uses, lot configuration, or anticipated water or wastewater demands change, any such change must be reported to the Director and there must be an application for the amended service extension request unless the Director determines the change is not so substantial as to require an amendment.

(D)

Under this section, if the approval of a service extension request requires cost participation from the City under a cost participation contract approved by the council:

(1)

construction of the service extension begins on the date that fiscal security is posted or money is deposited in compliance with the contract; and

(2)

the service extension request approval is extended until construction of the service extension is complete and the City accepts the mains and facilities constructed under the contract.

Source: Section 13-3-12(b), (d), and (e); Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

A service commitment may not be transferred from one property to another.

Source: Ord. 000406-87; Ord. 031211-11; Ord. 20130321-065.

Development of a project for which a service extension request is approved must comply with the terms of the approved service extension request and all City requirements pertaining to water conservation.

Source: Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061.

(A)

An entity that agrees to construct a water or wastewater main or a facility that on acceptance will become part of the City water and wastewater system may apply to the City for cost participation in a water or wastewater main or a facility if the main or facility is oversized at the request of the City to serve additional property. Cost participation is not permitted for a wastewater main or facility that provides service within the drinking water protection zone.

(B)

Under this Section cost participation will apply:

(1)

if the improvement is a water main and has a diameter of more than 8 inches;

(2)

if the improvement is a wastewater main and has a diameter of more than 8 inches; or

(3)

if the improvement is a pump station, reservoir, lift station, force main or wastewater treatment plant.

Source: Section 13-3-15(b), (c), and Table 2; Ord. 990225-70; Ord. 000309-39; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

Tables 1 and 2 below set forth the percentage of cost participation in the hard costs of an oversized water or wastewater main. The percentage of cost participation is based on the increased percentage in pipe diameter due to oversizing established under Section 25-9-64 (Request for Cost Participation). Cost participation is determined by multiplying the percentage set forth in Table 1 and Table 2 by the hard costs of an oversized line.

(A)

The following table sets forth the amount of cost participation for the hard costs associated with an oversized water main:

Table 1: Amount of Cost Participation (Water)

(B)

The following table sets forth the amount of cost participation for the hard costs associated with an oversized wastewater main:

Table 2: Amount of Cost Participation (Wastewater)

(C)

The amount of cost participation for hard costs for pump stations, reservoirs, wastewater treatment plants, lift stations, force mains and other facilities will be calculated on the percentage of oversizing of the treatment capacity or pumping capacity.

(D)

The amount of cost participation for soft costs may not exceed 15% of the hard costs calculated under subsections (A), (B) and (C) of this section.

(E)

Notwithstanding the above, under no circumstance shall cost participation under this section exceed the amount authorized by council, unless council provides authorization for additional cost participation.

Source: Section 13-3-15(d); Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

During the technical review of the application, a determination by the City will be made on whether oversizing of water or wastewater mains or facilities serving additional property in the area will be necessary. If oversizing of any water or wastewater mains or facilities is necessary, the applicant will be required to submit a written request for City cost participation to the Director prior to approval of a service extension request.

Source: Section 13-3-17(a); Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

The Director shall review each request for cost participation.

(B)

The Director may recommend approval of a request for cost participation only if the Director determines that:

(1)

the property to be served is in the service area of Austin Water;

(2)

the size of each proposed main or facility complies with the planning criteria of Austin Water and final design and routing will comply with the Utilities Criteria Manual;

(3)

funds for cost participation are available from an identified source or that funds will be available to meet the proposed payment schedule; and

(4)

the proposed main or facility is an appropriate extension or addition to the water and wastewater utility system.

(C)

During the technical review the Director, in consideration of a construction cost estimate provided by the applicant's engineer, will establish the terms of the cost participation. The Director will provide a recommended not-to-exceed amount for cost participation, which amount will be an estimate based on the percentages for cost participation in Section 25-9-62 (Amount of Cost Participation).

(D)

The Water and Wastewater Commission shall make a recommendation on the request for cost participation.

(E)

The Director shall forward the request and the Water and Wastewater Commission recommendation to the council for final action.

Source: Section 13-3-17; Ord. 990225-70; Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

An entity constructing a water or wastewater main or a facility that is eligible for cost participation may not receive a cost participation payment for the main or facility unless the entity complies with each requirement or regulation of the City, including but not limited to requirements relating to:

(1)

the public advertising of the main or facility;

(2)

the bidding on the main or facility;

(3)

a performance or payment bond for the main or facility;

(4)

posting of fiscal security as set forth in the developer agreement required by Section 25-9-67 (Agreement);

(5)

completion and acceptance; and

(6)

a warranty on the main or facility.

(B)

The entity constructing the main or facility is not entitled to receive a cost participation payment until the entity submits documentation showing the entity's compliance with each requirement described by Subsection (A).

Source: Section 13-3-15(e); Ord. 990225-70; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

Desired Development Zone. For cost participation relating to an improvement associated with a service extension request in the desired development zone, the City shall pay its portion of the cost 90 days after the date the City accepts the improvement.

(B)

Drinking Water Protection Zone. For cost participation relating to a water improvement associated with a water service extension request to a tract in the drinking water protection zone, the City shall pay its portion of the cost in four equal annual installments, without interest, with the first payment to be made on March 1 of the second year after the year in which the City accepts the improvement.

Source: Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

(A)

An applicant for cost participation must enter into an agreement with the City before the City may make a cost participation payment.

(B)

The Director shall determine the terms of the agreement.

Source: Ord. 000406-87; Ord. 031211-11; Ord. 20090820-061; Ord. 20130321-065.

A person may not connect a property to the City's water or wastewater utility system unless the person holds a tap permit issued by the director of the Water and Wastewater Utility approving the connection.

Source: Section 13-3-6(A); Ord. 990225-70; Ord. 031211-11.

The director of the Water and Wastewater Utility may not issue a tap permit for property that is located outside the City's water and wastewater utility service area unless the council by ordinance waives the prohibition.

Source: Section 13-3-6(E); Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

(A)

An applicant for a tap permit must apply to the Water and Wastewater Utility on a form approved by the director of the Water and Wastewater Utility.

(B)

An application for a tap permit must include:

(1)

the name, title, address and telephone number of the applicant;

(2)

a description of the property for which the tap permit is to be issued;

(3)

documentation demonstrating that the property that is the subject of the tap permit application is:

(a)

a legal lot under state law and local subdivision requirements; and

(b)

located in:

(i)

the City's water and wastewater impact fee service area; or

(ii)

an area covered by an agreement for the wholesale sale of water between the City and another utility service provider that authorizes the City to issue tap permits under the agreement;

(4)

if applicable, documentation that the applicant's service extension has been approved; and

(5)

other information that the director of the Water and Wastewater Utility determines is necessary to process the application.

(C)

An application for a tap permit must be accompanied by the payment of:

(1)

the tap permit fee, connection fee, and capital recovery fee set by the council under separate ordinance; and

(2)

other fees required to be paid at the time the director of the Water and Wastewater Utility issues the permit.

(D)

The director of the Water and Wastewater Utility may not approve an application for a tap permit if existing facilities do not have actual capacity to serve the new connection.

Source: Sections 13-3-6(B), (C), and (D), and 13-3A-8(i); Ord. 990225-70; Ord. 031211-11.

(A)

On approval of an application for a tap permit, the director of the Water and Wastewater Utility shall issue a written tap permit to the applicant.

(B)

If the director of the Water and Wastewater Utility denies a tap permit, the director of the Water and Wastewater Utility must be notify the applicant of the denial in writing, stating the grounds for the denial.

Source: Section 13-3-6(F); Ord. 990225-70; Ord. 031211-11.

A water or wastewater tap permit issued under this division is issued for a specific property or service address. The permit may not be transferred to another property or service address.

Source: Section 13-3-6(G); Ord. 990225-70; Ord. 031211-11.

(A)

The director of the Water and Wastewater Utility may delay an applicant's connection of an exchange or septic tank cutover if the system does not have sufficient capacity for the connection.

(B)

If a connection is delayed under Subsection (A), the director of the Water and Wastewater Utility shall extend the time for connection until there is sufficient capacity.

Source: Section 13-3A-10(k); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Section 25-9-96 (Connection Delay) and Subsection (B), a tap permit expires on the second anniversary of the date on which the permit is issued unless:

(1)

the connection authorized by the permit is made before the second anniversary date; or

(2)

on the second anniversary date the permit holder has a plumbing permit for the property or service address for which the tap permit is issued.

(B)

The director of the Water and Wastewater Utility may extend a tap permit if, before the second anniversary of the date the permit was issued, the permit holder submits a written application for the extension that demonstrates that good cause exists for the extension.

(C)

The director of the Water and Wastewater Utility may not extend a tap permit for more than 90 days beyond the second anniversary of the date the permit is issued.

(D)

Under Subsection (B), "good cause" means circumstances of financial hardship or a danger to human health or safety.

Source: Section 13-3-6(I); Ord. 990225-70; Ord. 031211-11.

(A)

The director of the Water and Wastewater Utility may refund a tap permit fee.

(B)

To obtain a refund of a tap permit fee, a permit holder, before the expiration date of the permit, must:

(1)

submit an application for the refund to the director of the Water and Wastewater Utility stating the grounds for the refund;

(2)

tender the tap permit at the time the refund application is submitted;

(3)

submit documentation of the amount of the tap permit fee and the payment of the fee;

(4)

submit other information the director of Water and Wastewater Utility considers necessary to process the application; and

(5)

tender a canceled building permit if a building permit was issued.

Source: Section 13-3-6(J); Ord. 990225-70; Ord. 031211-11.

(A)

In this section, city-supported community garden and garden permit have the meanings assigned by Section 14-7-1 (Definitions).

(B)

A tap permit issued for a city-supported community garden is a temporary permit. A tap permit issued for a city-supported community garden remains valid only while the garden permit is valid.

(C)

If the garden permit terminates and the parcel of land is no longer exempt under Section 25-4-3 (Temporary Exemption From Platting Requirements), the Water and Wastewater Utility shall remove the tap from the city-supported community garden.

(D)

If the garden permit terminates and the parcel of land is a legal lot, the Water and Wastewater Utility shall remove the tap from the city-supported community garden unless:

(1)

the owner or the user of the legal lot submits an application for a tap; and

(2)

the director of the Water and Wastewater Utility approves a tap permit.

(E)

An applicant under Subsection (D) must pay the fees for each tap for which an application is submitted, including any impact fee.

Source: Section 13-3-6(L); Ord. 990225-70; Ord. 031211-11; Ord. 20110210-018.

This article applies to:

(1)

the creation of a water district in the planning jurisdiction of the City;

(2)

the request by an existing water district to annex or include territory in a water district;

(3)

an amendment to a water district consent document or an agreement with a water district; and

(4)

a water district bond issuance.

Source: Sections 13-1-320, 13-4-1 and 13-4-7; Ord. 990225-70; Ord. 031211-11.

In this article:

(1)

LAND USE PLAN means a map showing proposed and existing land uses in a water district.

(2)

MUNICIPAL UTILITY DISTRICT means a water district created and operating under the authority of:

(a)

Section 59, Article XVI, Texas Constitution; and

(b)

Chapters 49, 50 and 54, Texas Water Code.

(3)

PETITION means the written request to the city for consent to the creation of or annexation to a water district required by the Texas Water Code and any document required by City rules.

(4)

WATER DISTRICT means a district or authority, including a municipal utility district and a water control and improvement district, that is created under:

(a)

Section 52, Article III, Texas Constitution, or Section 59, Article XVI, Texas Constitution; and

(b)

Title 4, Texas Water Code.

Source: Sections 13-1-321 and 13-4-2; Ord. 990225-70; Ord. 031211-11.

(A)

A water district may not contain less than 100 acres of territory.

(B)

A water district must contain an amount of territory sufficient to assure the economic viability of the water district.

(C)

An applicant seeking consent to the creation of a water district or to include territory in an existing water district must submit information to demonstrate the economic viability of the proposed or existing water district.

Source: Section 13-4-3(a) and (c); Ord. 990225-70; Ord. 031211-11.

(A)

A water district may be created inside the municipal limits of the City only if:

(1)

the written consent of the City is obtained;

(2)

creation of the water district complies with this article.

(B)

Territory located inside the full purpose municipal boundary of the City may be included in a proposed water district only if:

(1)

the territory is 1,000 feet or less from a major thoroughfare; and

(2)

the area of the territory does not exceed five percent of the total amount of territory in the proposed water district.

Source: Sections 13-4-3(b) and 13-4-10; Ord. 990225-70; Ord. 031211-11.

(A)

The City shall review a petition filed with the City for the City's consent to:

(1)

the creation of a water district; or

(2)

the annexation of territory to a water district.

(B)

The review by the City of the petition must comply with this division.

Source: Sections 13-1-325 and 13-1-331; Ord. 990225-70; Ord. 031211-11.

(A)

A person who intends to file a petition for the creation of a water district may discuss the proposed water district in a preapplication review with City employees before the petition is filed.

(B)

To request a preapplication review, a person must notify the city manager of the person's intent to file a petition in writing at least 30 days before the date the person files the petition with the City.

Source: Section 13-1-326; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

A petition for the creation of a water district must be filed with the city manager.

(B)

The city manager shall give notice under Section 25-1-133(A) (Notice Of Applications And Administrative Decisions) of a petition filed under this section.

Source: Section 13-1-327; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

On the filing of a request for the consent of the City to the creation of a municipal utility district, the city manager shall designate the proposed district as a city service district or a non-city service district.

Source: Section 13-4-4; Ord. 990225-70; Ord. 031211-11.

(A)

Employees of the appropriate City departments shall:

(1)

review the petition; and

(2)

prepare a report on the petition.

(B)

A report prepared under Subsection (A) may include appropriate recommendations.

(C)

The city manager shall send a copy of each report prepared under Subsection (A) to:

(1)

the city clerk;

(2)

the person who filed the petition;

(3)

each department that participated in the review; and

(4)

each member of the:

(a)

Water and Wastewater Commission;

(b)

Planning Commission;

(c)

Environmental Board;

(d)

Parks and Recreation Board; and

(e)

Urban Transportation Commission.

Source: Section 13-1-327; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

Each board and commission identified in Section 25-9-155(C)(5) (Review Of Petition By City Employees) shall review the petition and prepare a recommendation on the petition.

Source: Section 13-1-328; Ord. 990225-70; Ord. 031211-11.

(A)

The city manager shall:

(1)

compile the City department reports and board and commission recommendations into one volume; and

(2)

send a copy of the compilation to:

(a)

each member of the council;

(b)

the city clerk;

(c)

the city attorney;

(d)

each department that reviewed the petition; and

(e)

the person who filed the petition.

(B)

The copy of the compilation sent to the city clerk is available for public inspection.

Source: Section 13-1-328; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

The council shall set and hold a public hearing on the petition before the expiration of the period established by state law.

(B)

A public hearing required by Subsection (A) must be held during a regularly scheduled council meeting.

Source: Section 13-1-329(a); Ord. 990225-70; Ord. 031211-11.

(A)

After the conclusion of the public hearing required by Section 25-9-158 (Public Hearing Before City Council) and before the expiration of the period state law establishes for review of the petition, the council by resolution may:

(1)

deny consent to the creation of the water district; or

(2)

grant initial consent to creation of the water district, specifying each condition necessary for final consent.

(B)

If the council grants initial consent to the creation of a water district, the council shall instruct the city attorney to prepare the documents required for final consent by the council, including a consent ordinance and required agreements.

(C)

The city attorney shall:

(1)

draft the required documents; and

(2)

before the time the council is scheduled to grant final consent, send a copy of the documents to the:

(a)

Council;

(b)

city clerk; and

(c)

person who filed the petition.

Source: Section 13-1-329(b) and (c); Ord. 990225-70; Ord. 031211-11.

(A)

Before the 15th day after the date the council grants final consent to the creation of a water district, the person who filed the petition for creation shall provide to the city manager 26 copies of the land use plan approved by the council.

(B)

Each copy of the approved land use plan must state on its face the date that the council approved the land use plan. One copy of the approved land use plan must be on mylar and capable of being reproduced.

Source: Section 13-1-330; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

The council shall act on a petition for consent to the annexation of territory by a water district before the 91st day after the date the petition is filed, except as may be otherwise required by state law.

Source: Section 13-1-331; Ord. 990225-70; Ord. 031211-11.

(A)

If the council does not grant consent to the creation of or annexation of territory to a water district, the person who filed the creation or annexation petition may request the City to provide the water or wastewater service that the water district proposed to provide.

(B)

A request under Subsection (A) must be filed with the city manager.

(C)

The City and the person filing the request shall enter into a negotiation to agree to terms of a contract under which the City shall provide the requested water or wastewater service.

(D)

A contract negotiated under Subsection (C) must be reviewed by the Water and Wastewater Commission and the Planning Commission. Each commission shall make a recommendation on the proposed contract to the council.

(E)

The council shall act on the proposed contract before the 121st day after the date the request for City service is filed.

Source: Section 13-1-332; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

The Land Use Commission may not approve a preliminary plan or final plat of subdivision in a water district that does not comply with a resolution or ordinance adopted in connection with the consent by the City to the creation of the water district or an agreement entered into in connection with the consent of the City to the creation of the water district.

Source: Section 13-4-5(c)(4); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

To the extent of conflict between this division and another regulation of the Code, the other Code regulation prevails.

(B)

This article does not exempt any development located in the territory of a water district or undertaken on behalf of a water district from any applicable provision of this Code.

Source: Section 13-4-11; Ord. 990225-70; Ord. 031211-11.

(A)

The council may impose a condition or restriction on a water district in connection with the consent of the City to the creation of a water district in accordance with this division and applicable state law.

(B)

A condition or restriction imposed in connection with the consent of the City to the creation of a water district must be included in a resolution, agreement, or ordinance that pertains to the water district.

Source: Section 13-4-5(a) and (b); Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to each water district.

(B)

The plans and specifications for a facility to be financed or constructed by or on behalf of a water district must be approved by the City before construction begins. Fees may be charged for the review and approval of the plans and specifications. The facility must be constructed in accordance with the approved plans and specifications.

(C)

The City may inspect the construction of a facility financed or constructed by or on behalf of a water district as determined necessary by the City to ensure compliance with the approved plans and specifications and any applicable requirement. The City may charge a fee for an inspection.

(D)

A water district shall prepare and file with the city manager:

(1)

a certified copy of each annual audit of the water district; and

(2)

an annual report describing the status of construction by or on behalf of the water district.

(E)

A water district may not provide any service outside the boundary of the water district without the approval of the City.

(F)

A water district may not annex territory to or exclude territory from the water district without the approval of council.

(G)

All territory and each easement for a water district facility must be dedicated to the public, the water district, and each successor of the water district.

Source: Section 13-4-5(c)(1) to (3) and (5) to (7); Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to a city service water district.

(B)

If a water district receives or will receive water or wastewater service from the City, the water district shall adopt and enforce as a water district rule Chapter 6-4 (Water Conservation Regulations), Chapter 15-10 (Wastewater Regulations), and Chapter 25-12, Article 6 (Plumbing Code).

(C)

A city service district may not support or encourage:

(1)

an attempt to incorporate a municipality in the district; or

(2)

an attempt by a municipality other than the City to annex territory in the district.

(D)

A wastewater treatment plant constructed by or on behalf of a city service water district must irrigate plant effluent, if the plant would otherwise discharge:

(1)

over the Edwards Aquifer recharge zone; or

(2)

in the Barton Creek watershed.

(E)

A city service water district shall concurrently submit to the city manager a certified copy of each document the water district submits to the Texas Natural Resource Conservation Commission or another agency of the state.

Source: Section 13-4-5(d); Ord. 990225-70; Ord. 031211-11.

(A)

The following provisions must be included in a water district consent agreement.

(1)

A water district must pledge the revenue and ad valorem taxes of the water district to the payment of the principal of and interest on all bonds issued by the district.

(2)

A bond may be issued by a water district only for a purpose authorized by state law.

(3)

A bond issued by a water district for one purpose may not be used for another purpose.

(4)

The City, to insure the economic vitality of a water district and to the extent authorized by the laws of this state, may limit the amount of bonds the water district may issue.

(5)

To insure compliance by a water district with each applicable condition or restriction imposed in connection with the consent of the City to the creation of the water district, the council is entitled to approve the issuance or sale of a water district bond before the water district issues a bid invitation for the bond. If the water district is not in compliance with each applicable condition:

(a)

the council may not approve the issuance or sale of the bond; and

(b)

the water district may not issue or sell the bond.

(6)

Each bond issued by a water district must include a call provision that permits the water district to redeem the bond at par.

(7)

A water district may not spend the proceeds of a bond or incur any indebtedness for the purpose of providing service to territory outside the boundary of the water district without the approval of the Council.

(8)

The net effective interest rate of a bond issued by a water district may not exceed 102 percent of the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period preceding the date that notice of sale is given.

(B)

In consenting to the creation of a water district, the City may impose an additional condition or restriction on the terms, provisions, or sale of a bond or note of the water district. A condition or restriction imposed under this subsection may not cause the bond or note to be unmarketable.

Source: Section 13-4-6; Ord. 990225-70; Ord. 031211-11.

(A)

The consent of the City to the creation of a municipal utility district shall be conditioned on a contract between the City and the municipal utility district. The contract must:

(1)

include adequate detail as required by the laws of this state; and

(2)

provide that at the time the City annexes the territory of the municipal utility district, water and wastewater rates established for property in the municipal utility district shall be sufficient to fully compensate the City for assuming the indebtedness of the municipal utility district after the municipal utility district is dissolved.

(B)

A water or wastewater rate established under a contract required by Subsection (A) shall be based on the water or wastewater rate established for other customers in the boundary of the City and shall include a component based on the monthly debt retirement payment assumed by the City. A water or wastewater rate may be recalculated as provided in the contract.

(C)

A water or wastewater rate established under a contract required by Subsection (A) must remain in effect until:

(1)

the bonded indebtedness of the water district is fully retired; and

(2)

the City is fully compensated, regardless of whether a bond of the water district is called.

(D)

The written consent of the City to the creation of a municipal utility district shall specify the date by which at least 90 percent of the water, wastewater, drainage, and road improvements for which bonds of the municipal utility district are issued must be installed or completed.

Source: Section 13-4-8; Ord. 990225-70; Ord. 031211-11.

(A)

The consent of the City to the creation of a water district may include a provision relating to the timing and conditions of annexation by the City, for full or limited purposes, of the territory in the water district.

(B)

The consent of the City to the creation of a municipal utility district may provide that the City and the municipal utility district shall enter into an allocation agreement relating to annexation by the City of the territory in the municipal utility district. An allocation agreement entered into under this subsection:

(1)

must be in compliance with the applicable law of this state; and

(2)

may include a term or condition that is determined by the City to be necessary.

(C)

On annexation of the territory in a water district, the City may:

(1)

permit the water district to continue to exist in accordance with the laws of the state;

(2)

dissolve the water district in accordance with the laws of the state; or

(3)

permit the water district to continue to exist in accordance with an allocation agreement entered into in compliance with the laws of the state.

Source: Section 13-4-9; Ord. 990225-70; Ord. 031211-11.

(A)

This division does not apply to an application requesting that a water district provide water or wastewater utility service to a site outside of the boundaries of the water district if the site proposed to be served by the water district:

(1)

is located in the service area of the Water and Wastewater Utility;

(2)

is separated geographically from City water or wastewater facilities by the water district; and

(3)

can be served by a facility:

(a)

financed by contract bonds; and

(b)

located in or immediately adjacent to the water district.

(B)

A person requesting service described in Subsection (A) must apply under Article 1, Division 2 (Extension of Service).

Source: Section 13-1-360(b); Ord. 990225-70; Ord. 031211-11.

(A)

An application requesting that a water district provide water or wastewater utility service to a site outside of the boundary of the water district must be filed with the city manager by the person receiving the service.

(B)

An application filed under this division includes each document required by City rules.

Source: Sections 13-1-360(a) and 13-1-362; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

On receipt of an application filed under this division, the city manager shall notify the:

(1)

Council;

(2)

City clerk; and

(3)

presiding officer of the Planning Commission.

Source: Section 13-1-362; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

This section does not apply to an application filed under this division that meets the criteria established in Section 25-9-225(A) (Administrative Approval Of Out-Of-District Service Application).

(B)

The city manager shall submit an application filed under this division to each of the following boards and commissions determined by the city manager to have an interest in the application:

(1)

Parks and Recreation Board;

(2)

Urban Transportation Commission;

(3)

Water and Wastewater Commission; or

(4)

Environmental Board.

(C)

The city manager shall submit an application filed under this division to the Planning Commission.

(D)

Each department, board, or commission that reviews an application filed under this division shall send its recommendation on the application to the council not later than the 60th day after the date the application is filed with the city manager.

(E)

The council shall act on an application filed under this division not later than the date of the second regular Thursday meeting of the council that is to be held after the date that the council receives the final recommendations required by Subsection (D).

Source: Section 13-1-362; Ord. 990225-70; Ord. 000309-39; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

The director of the Transportation, Planning, and Sustainability Department may approve an application filed under this division if:

(1)

the site that is to receive the proposed water or wastewater service is not:

(a)

in or proposed to be brought into the service area of the Water and Wastewater Utility;

(b)

in an area:

(i)

that could be served by a facility for which the issuance of a water or wastewater bond by the City or water district has been authorized; or

(ii)

in which the City or a water district has called an election on the issuance of a water or wastewater bond; or

(c)

in a water district or the certificated service area of a private utility approved by the Texas Natural Resources Conservation Commission unless the water district or private utility has released the site; and

(2)

the water district proposing to provide the water or wastewater service is not connected or proposed to be connected to:

(a)

the water or wastewater system of the City; or

(b)

a water or wastewater facility to which the City has made a capital contribution.

(B)

An applicant requesting administrative approval of an application filed under this division must submit:

(1)

documentation demonstrating that the proposed water or wastewater service complies with Subsection (A); and

(2)

10 copies of each document required by City rules to accompany the application.

(C)

The director of the Transportation, Planning, and Sustainability Department must approve or deny an application filed under this division before the 15th day after the date the application is filed.

Source: Section 13-1-364; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

To prevent or alleviate a danger to the public health and safety, the city manager may approve a request that a water district provide water or wastewater utility service to a site outside of the boundary of the water district.

(B)

The council shall review a request made under Subsection (A) during the first regular Thursday meeting of the council that is held after the city manager approves the request.

Source: Section 13-1-365; Ord. 990225-70; Ord. 031211-11.

(A)

An application to amend a consent document or an agreement between a water district and the City must be filed with the city manager by a party to the document or agreement or a successor in interest to that party.

(B)

An application filed under this section includes each document required by City rules.

Source: Sections 13-1-360(a) and 13-1-362; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

On receipt of an application filed under this division, the city manager shall notify the:

(1)

Council;

(2)

city clerk; and

(3)

presiding officer of the Planning Commission.

(B)

If the application filed under this division requests a revision of a land use plan, the city manager shall give notice of the application under Section 25-1-133(A) (Notice Of Applications And Administrative Decisions).

Source: Sections 13-1-361 and 13-1-362; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

This section does not apply to an application for a revision to a land use plan that meets the criteria established in Section 25-9-254(A) (Administrative Approval Of A Revision To A Land Use Plan).

(B)

The city manager shall submit an application filed under this division to the Planning Commission.

(C)

The city manager shall submit an application filed under this division to each of the following boards and commissions determined by the city manager to have an interest in the application:

(1)

Parks and Recreation Board;

(2)

Urban Transportation Commission;

(3)

Water and Wastewater Commission; or

(4)

Environmental Board.

(D)

Each department, board, or commission that reviews an application filed under this division shall send its recommendation on the application to the council not later than the 60th day after the date the application is filed with the city manager.

(E)

The council shall act on an application filed under this division not later than the date of the second regular Thursday meeting of the council that is to be held after the date that the council receives the final recommendations required by Subsection (D).

Source: Section 13-1-362; Ord. 990225-70; Ord. 000309-39; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

The city manager shall approve a revision to an approved land use plan if the proposed revision:

(1)

includes only land uses shown on the approved land use plan, unless the city manager determines that a proposed use would be a permitted use in the most restrictive zoning district of the City that would permit the use on the site covered by the revision; and

(2)

will not:

(a)

increase residential density above the maximum residential density established by the approved land use plan;

(b)

increase the area of nonresidential land use above the maximum established by the approved land use plan;

(c)

increase development intensity in a water quality zone above the intensity shown on the approved land use plan;

(d)

increase the City's commitment for water and wastewater service above the level required to serve the uses identified on the approved land use plan or the level established in an agreement with the City;

(e)

require an amendment to the Transportation Plan or result in the misalignment of a road connecting to land adjacent to land in an approved preliminary plan or final plat; or

(f)

in the opinion of the city manager:

(i)

increase traffic above the capacity of existing or funded roadways in the territory of the water district;

(ii)

be incompatible with land uses in or adjacent to the water district; or

(iii)

negatively affect a publicly dedicated parkland or a greenbelt area.

(B)

Under Subsection (A)(2)(b), land that is dedicated or used for a public purpose or a civic use is considered to be a residential land use.

Source: Section 13-1-363(a); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

An applicant requesting administrative approval of a revision of a land use plan must submit:

(1)

documentation demonstrating that the proposed revision complies with Section 25-9-254(A) (Administrative Approval of a Revision to a Land Use Plan);

(2)

a tabular comparison of the approved and proposed land use plan comparing:

(a)

each utility requirement as described in the relevant consent agreement;

(b)

land uses by acreage;

(c)

the number of dwelling units by residential category; and

(d)

residential density in each residential category; and

(3)

15 folded copies of the proposed land use plan.

Source: Section 13-1-363(b); Ord. 990225-70; Ord. 031211-11.

(A)

The city manager must approve or deny a revision to an approved land use plan before the 15th day after the date the application was filed.

(B)

On approval of a revision to an approved land use plan, the person who applied for approval of the revision shall submit a copy of the revised land use plan to the city manager. The copy must be on mylar and capable of being reproduced.

(C)

The effective date of a revised land use plan approved under this section is the date that the plan is signed by the city manager.

Source: Section 13-1-363 (c); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

This division applies to a water district created with the consent of the City after March 20, 1980, that issued bonds after December 19, 1985.

Source: Section 13-1-372; Ord. 990225-70; Ord. 031211-11.

A water district may not issue a bond unless the council approves the issuance of the bond.

Source: Section 13-1-370; Ord. 990225-70; Ord. 031211-11.

A water district that proposes to issue bonds must file an application for approval of the issuance with the city manager. An application filed under this section includes all documents required by City rules.

Source: Section 13-1-370; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

On receipt of an application filed under Section 25-9-283 (Application For Approval of a District Bond) the city manager shall:

(1)

notify the council and the presiding officer of the Water and Wastewater Commission of the application; and

(2)

send one copy of the application to the presiding officer of the Water and Wastewater Commission.

Source: Section 13-1-371; Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.

(A)

The city manager shall designate departments of the City to review the application.

(B)

Each designated department shall complete its review of the application not later than the 45th day after the date the application is filed.

Source: Section 13-1-371; Ord. 990225-70; Ord. 031211-11.

(A)

An independent certified public auditor shall review the preliminary and final official statements of the water district that include the City's financial statements and audited opinion.

(B)

Until the independent certified public auditor completes the required review, an official statement described in Subsection (A) may not be disclosed to a person, other than:

(1)

an employee of the City; or

(2)

a consultant who is assisting the water district to structure the issuance of a water district bond.

Source: Section 13-1-371; Ord. 990225-70; Ord. 031211-11; Ord. No. 20240215-034, Pt. 11, 2-26-24.

The council shall act on an application filed under this division not later than the date of the second regular Thursday meeting of the council held after the date the council receives the recommendations of the Water and Wastewater Commission and each designated department of the City.

Source: Section 13-1-371; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided by this section, this article applies to new development in the water and wastewater impact fee service area.

(B)

The impact fee applicable to new development outside the water and wastewater impact fee service area shall be set by agreement. The agreement may provide the amount of the fee, the method of collection of the fee, and other terms and conditions.

(C)

A contract for water or wastewater service to a wholesale customer or other political subdivision of the State of Texas shall provide for collection of impact fees and transmittal of collections to the City in accordance with this article.

(D)

This article does not supersede a contract with a political subdivision or wholesale customer that was in effect on June 18, 1990, and which provides for the collection of impact fees and the transmittal of collections to the City.

Source: Section 13-3A-1(b) and 13-3A-20; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in this section, words and phrases in this article that are defined in Chapter 395 of the Local Government Code have the same meaning in this article that they have in Chapter 395.

(B)

In this article:

(1)

CITY-SUPPORTED COMMUNITY GARDEN has the meaning assigned by Section 14-7-1 (Definitions).

(2)

NEW DEVELOPMENT means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water or wastewater service, and includes the sale of water or wastewater taps resulting from the conversion of an individual well, or of an individual waste disposal system, to the City's water or wastewater utility.

(3)

TAP PERMIT means a permit for a connection to the City's water or wastewater system under Article 1, Division 3 (Tap Permits).

(4)

WASTEWATER IMPACT FEE means an impact fee for wastewater service.

(5)

WATER AND WASTEWATER IMPACT FEE SERVICE AREA means the water and wastewater impact fee service area designated by separate ordinance.

(6)

WATER IMPACT FEE means an impact fee for water supply service.

(7)

WHOLESALE CUSTOMER means a customer of the City's water and wastewater utility who purchases service for resale to a retail customer.

Source: Section 13-3A-1(f); Ord. 990225-70; Ord. 031211-11; Ord. 20110210-018.

(A)

The following are adopted and incorporated by reference:

(1)

Impact Fee Land Use Assumptions;

(2)

the designation of the water and wastewater impact fee service area; and

(3)

Impact Fee Capital Improvements Plan for Water and Wastewater Facilities.

(B)

Documents adopted by reference shall be kept on file by the city clerk.

Source: Sections 13-3A-2, 13-3A-3, and 13-3A-4; Ord. 990225-70; Ord. 031211-11.

(A)

The director of the Financial and Administrative Services Department shall establish accounting controls to ensure compliance with Section 395.024 of the Local Government Code.

(B)

The director of the Financial and Administrative Services Department shall establish separate interest-bearing accounts for impact fees collected for water facilities and for impact fees collected for wastewater facilities.

(C)

Funds may be disbursed as reasonably necessary to carry out the purposes of this article; provided that a fee shall be expended within a reasonable period of time, not to exceed 10 years, from the date the fee is deposited into the account.

(D)

The director of the Financial and Administrative Services Department shall maintain records for each account that:

(1)

show the source and disbursement of fees;

(2)

the number of service units for which fees are received; and

(3)

ensure that refunds from each account are properly made.

Source: Section 13-3A-12; Ord. 990225-70; Ord. 031211-11.

(A)

This article levies a water impact fee and a wastewater impact fee to be assessed and collected in accordance with Chapter 395 of the Local Government Code.

(B)

The director of the Water and Wastewater Utility shall collect the water impact fee and the wastewater impact fee on new development in accordance with Chapter 395 of the Local Government Code and this article.

Source: Section 13-3A-7(a); Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to the assessment of the water impact fee and the wastewater impact fee.

(B)

This article assesses an impact fee on new development at the time of final plat approval.

(C)

If an applicant obtains a final approval for replatting, this article assesses an impact fee at the time of the replatting.

(D)

For a development which received final plat approval before June 18, 1990, and which is not replatted, this article assesses an impact fee as of June 20, 1990.

(E)

An application for an amended plat made under Local Government Code Section 212.016 or the City's subdivision rules is not subject to a reassessment of the impact fee.

Source: Section 13-3A-7 and 13-3A-1(e); Ord. 990225-70; Ord. 031211-11.

The amount of the impact fee to be assessed for each service unit and the amount of the impact fee to be collected for each service unit shall be set by ordinance.

Source: Section 13-3A-6(c); Ord. 990225-70; Ord. 031211-11.

(A)

The impact fees to be collected for new development are calculated by:

(1)

adding the number of service units attributable to all meters purchased for the development;

(2)

multiplying the total number of service units by the fee to be collected for each service unit for water or wastewater service; and

(3)

subtracting any applicable credits or discounts allowable under this article for water or wastewater service from the product derived under Subsection (A)(2).

(B)

If the property owner increases the number of service units for a development, the additional impact fees to be collected for the new service units shall be determined using the method set out in this section, and the fees and credits or discounts in effect at the time the additional meters are purchased. The additional fee shall be collected at the time the additional meters are purchased.

(C)

If the property owner decreases the number of service units for a development, the property owner is entitled to a refund of the impact fee for the amounts represented by the decrease in service units based on the fee to be collected for each service unit and credits or discounts in effect at the time the fee was paid.

Source: Section 13-3A-8(b), (d) and (e); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided by Section 25-9-326 (Installment Payment Of Impact Fee), or by a contract with a wholesale customer or with another political subdivision, the impact fee due for new development shall be collected:

(1)

at the time the City issues a building permit; or

(2)

for land platted outside the corporate boundaries of the City, at the time an application for a tap permit is filed.

(B)

A tap permit may not be issued unless the applicant has paid the impact fee.

Source: Section 13-3A-8(a) and 13-3A-9(a) - (c); Ord. 990225-70; Ord. 030731-54; Ord. 031211-11.

(A)

The director of the Water and Wastewater Utility may allow an applicant to make installment payments of an impact fee in accordance with this section.

(B)

The applicant must make written application for approval to make payment of an impact fee on an installment basis on a form promulgated for this purpose by the director of the Water and Wastewater Utility.

(C)

The applicant must be:

(1)

the owner of a single family residence occupied by the applicant as a homestead; or

(2)

a community garden that is not a qualified community garden.

(D)

The applicant must demonstrate that the payment of the full amount of the impact fee at the time the tap permit is approved will cause the applicant undue financial hardship in accordance with standards promulgated by the director of the Water and Wastewater Utility.

(E)

The property for which connection is sought:

(1)

may not be used for a commercial or industrial purpose;

(2)

must be within the City's impact fee service area; and

(3)

must be a legal lot in compliance with applicable state law and local subdivision requirements.

(F)

An applicant who is eligible under this section to pay an impact fee on an installment basis shall:

(1)

pay a minimum of 10 percent of the applicable impact fee and all connection fees at the time the tap permit is approved; and

(2)

execute an installment payment agreement on a form promulgated by the director of the Water and Wastewater Utility and approved by the city attorney which must contain, at a minimum, the following provisions:

(a)

the written promise of the applicant to pay the balance of the impact fee owed in equal annual installments over a payment term not to exceed five years at an interest rate of seven percent with each installment due and payable on the anniversary date of the approval of the tap permit until paid;

(b)

terms and conditions as the city attorney shall deem favorable, necessary, or required to enforce the agreement in the event of a default, including the right to accelerate the balance due under the contract and require immediate payment of the full remaining balance, to disconnect service upon default, to file a utility lien against the property and enforce the terms of the lien according to law, to file suit to collect the remaining balance together with interest and reasonable attorney's fees; and

(c)

other provisions the city attorney considers necessary to document the transaction, protect the interests of the City, and comply with applicable law.

Source: Section 13-3A-9(d) - (f); Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to the determination of service units for both water and wastewater service.

(B)

Service units shall be determined by the size and type of the water meter purchased according to the following schedule:

Source: Section 13-3A-5(a) and (b); Ord. 990225-70; Ord. 031211-11.

(A)

If a water meter is not purchased for a connection, service units shall be determined by a professional engineer licensed in the State of Texas subject to the approval of the director of the Water and Wastewater Utility.

(B)

If a water meter falls between two meter sizes set forth in Section 25-9-331 (Service Units Where A Meter Is Purchased), the calculation shall be made for the next larger size.

Source: Section 13-3A-5(e) and (f); Ord. 990225-70; Ord. 031211-11.

If a larger or smaller meter is required solely due to abnormally low or high pressure in the City's main, the director of the Water and Wastewater Utility or his designee may adjust the number of service units to reflect more accurately the flow rate and system pressure conditions.

Source: Section 13-3A-5(c); Ord. 990225-70; Ord. 031211-11.

(A)

No service units shall be attributed to a tap that provides only fire protection capacity.

(B)

If a fire demand meter composed of a combination of independent units in separate housings monitoring both fire and domestic use is purchased, the number of service units shall be determined according to the largest independent unit for the fire demand meter that provides only domestic service to the property. For purposes of this section, only a simple or compound meter shall be used to calculate the number of service units.

(C)

If the fire protection capacity of the fire demand meter is routinely used for domestic purposes, as evidenced by the registration of consumption recorded on the City's meter-reading and billing systems, the owner of the property shall pay the current fee for the fire protection capacity that has been converted to domestic capacity by routine use.

Source: Section 13-3A-5(d); Ord. 990225-70; Ord. 031211-11.

(A)

An impact fee may not be collected for a connection that is used to provide only fire protection capacity.

(B)

An impact fee may not be collected for a connection for a state owned building or property that is entirely occupied by a state agency.

(C)

An impact fee may not be collected for non-residential construction funded, wholly or partly, by the City's community development block grant program.

(D)

An impact fee may not be collected for:

(1)

the exchange of an existing 5/8-inch meter serving an existing duplex residence for two ⅝-inch meters serving the two dwelling units of the duplex residence, provided there are no additions or modifications to the existing duplex residence other than those necessary to comply with this article; or

(2)

the exchange of a connection for another connection, if the exchange will result in an equivalent or lesser number of service units on the property for which the connection was originally purchased. The number of service units to be exchanged shall be determined in accordance with Section 25-9-331 (Service Units Where A Meter Is Purchased.)

(E)

If one ⅝-inch meter is serving more than one single-family detached residence, the owner of one of the single-family detached residences being served by the existing meter may obtain a separate 5/8-inch meter without paying an additional impact fee.

Source: Section 13-3A-10(d), (e), (f), (i), and (j); Ord. 990225-70; Ord. 031211-11.

(A)

A water impact fee may not be collected for a development that receives service from a central water supply system that is:

(1)

owned by a person other than the City; and

(2)

is to be connected to the City's water system.

(B)

A wastewater impact fee may not be collected for a development that receives service from a wastewater treatment plant that is:

(1)

owned by a person other than the City; and

(2)

is to be connected to the City's wastewater system.

Source: Section 13-3A-10(b); Ord. 990225-70; Ord. 031211-11.

A wastewater impact fee may not be collected for a meter used to monitor water that is used exclusively for consumption or that cannot enter the City's wastewater system.

Source: Section 13-3A-10(c); Ord. 990225-70; Ord. 031211-11.

(A)

A water impact fee may not be collected on a water connection for property that is:

(1)

annexed for full purposes by the City;

(2)

served by an existing on-site water well; and

(3)

within 100 feet of a City owned water line at the time of annexation; if

(4)

a tap permit authorizing the connection of the property to the City's water system is obtained by the property owner on or before the second anniversary of the date of annexation.

(B)

A water impact fee may not be collected on a water connection for property that is:

(1)

annexed for full purposes by the City;

(2)

served by an existing water well; and

(3)

within 100 feet of a point to which a City owned water line is extended after the date of annexation; if

(4)

a tap permit authorizing the connection of the property to the City's water system is obtained by the property owner on or before the later of:

(a)

the second anniversary of the date of annexation; or

(b)

the second anniversary of the date that the water line was extended to within 100 feet of the property.

Source: Section 13-3A-10(l) and (m); Ord. 990225-70; Ord. 031211-11.

(A)

A wastewater impact fee may not be collected on a wastewater connection for property that is:

(1)

annexed for full purposes by the City;

(2)

served by an existing septic system; and

(3)

within 100 feet of a City-owned centralized sanitary sewer line at the time of annexation; if

(4)

a tap permit authorizing the connection of the property to the City's water system is obtained by the property owner on or before the second anniversary of the date of annexation.

(B)

A wastewater impact fee may not be collected on a wastewater connection for property that is:

(1)

annexed for full purposes by the City;

(2)

served by an existing septic system; and

(3)

within 100 feet of a point to which a City owned centralized sanitary sewer line is extended after the date of annexation; if

(4)

a tap permit authorizing the connection of the property to the City's water system is obtained by the property owner on or before the later of:

(a)

the second anniversary of the date of annexation; or

(b)

the second anniversary of the date that the sewer line was extended to within 100 feet of the property.

Source: Section 13-3A-10(g) and (h); Ord. 990225-70; Ord. 031211-11.

(A)

In this section, city-supported community garden and garden permit have the meanings assigned by Section 14-7-1 (Definitions) of the City Code.

(B)

An impact fee may not be assessed on a city-supported community garden.

(C)

The director of the department designated under Section 14-7-1 (Definitions) shall determine if the parcel of land is issued a garden permit.

(D)

If the garden permit on a parcel of land terminates, the director of the department designated under Section 14-7-1 (Definitions) shall notify the director of the Water and Wastewater Utility and the director of the Planning and Development Review Department of the change in status.

(E)

After a garden permit terminates on a parcel of land and if the tap is not removed in accordance with Section 25-9-99 (Temporary Tap Permit for a City-Supported Community Garden):

(1)

a user of the parcel of land shall pay any impact fees on the parcel of land within 30 calendar days; and

(2)

if the impact fee is not paid as required under Paragraph (1), the director of the Water and Wastewater Utility must notify the user that:

(a)

if the parcel of land had a temporary exemption from the platting requirements before the garden permit was terminated, the user must plat the parcel of land before the Water and Wastewater Utility can continue service;

(b)

the delinquent impact fee on the parcel of land must be paid within 15 calendar days; and

(c)

the failure to secure legal lot status or to pay the impact fee is grounds for terminating water service; and

(3)

if, following the notice under Paragraph (2), legal lot status is not obtained or the impact fee is not paid as required under Paragraph (2), the water service may be disconnected.

Source: Section 13-3A-10(n); Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20110210-018.

(A)

The community development officer may exempt not more than 1,500 service units of affordable housing constructed each fiscal year from the requirement to pay impact fees under this article. Service units of affordable housing within the development known as the Robert Mueller Municipal Airport development that are granted exemptions from paying impact fees do not count against the annual cap of 1,500.

(B)

The community development officer shall establish guidelines for the selection of the service units to receive an exemption under this section. The guidelines must include a requirement for a written application.

(C)

To be eligible for an exemption under this section, affordable housing must:

(1)

meet design and construction guidelines established by the community development officer for habitability, affordability, accessibility, water conservation, and energy efficiency;

(2)

be served by existing City infrastructure and services; and

(3)

be a newly constructed single family home or multifamily housing unit located within the corporate limits of the City that is:

(a)

approved for assistance under an affordable housing program funded with Community Development Block Grant or federal HOME program assistance funds administered by the City;

(b)

approved for assistance under a program for affordable housing construction funding or down payment assistance administered by the Austin Housing Finance Corporation; or

(c)

approved under guidelines for non-assisted affordable housing units established by the community development officer that meet the requirements of this section.

(D)

To receive an exemption under this section, an applicant who is approved for an exemption must provide to the community development officer an agreement, a restrictive covenant, a deed of trust, a promissory note, or other documents determined to be necessary by the city attorney to establish an enforceable obligation by the applicant to:

(1)

pay to the City an amount equal to the impact fee otherwise applicable to the housing unit if the applicant does not comply with this section and applicable guidelines;

(2)

reserve by covenant the applicable affordable dwelling units for the duration of the affordability period prescribed by Subsection (E); and

(3)

pay liquidated damages that will fairly compensate the City for any breach.

(E)

To retain an exemption under this section, a unit of affordable housing must comply with the requirements of this subsection.

(1)

Except as provided in Paragraphs (2) and (3), a unit must be available for occupancy by a person whose gross household income does not exceed 80 percent of the median household income for the Austin Standard Metropolitan Statistical Area for the following affordability period:

(a)

in the university neighborhood overlay district, a period of no less than 15 years; or

(b)

outside the university neighborhood overlay district:

(i)

for rental housing, a period of no less than five years; or

(ii)

for owner-occupied housing a period of no less than one year, unless the owner is receiving federal housing assistance, in which case, a period of no less than five years.

(2)

A unit within a Vertical Mixed Use building must comply with the affordability requirements for the affordability period under Chapter 25-2, Subchapter E, Section 4.3.3.F (Affordability Requirements).

(3)

In Downtown Mixed Use (DMU) or Central Business District (CBD) base zoning district:

(a)

an owner-occupied unit must be available for occupancy for a period of not less than 99 years by an occupant whose gross household income does not exceed 120 percent of the median family income for the Austin Standard Metropolitan Statistical Area; or

(b)

a rental unit must be available for occupancy for a period of not less than 40 years by an occupant whose gross household income does not exceed 80 percent of the median family income for the Austin Standard Metropolitan Statistical Area.

(4)

An affordability period prescribed by this subsection begins on the date that an affordable unit is available for occupancy.

(F)

If an applicant who receives an exemption under this section does not comply with Subsection (E), defaults on its obligations under documents executed under Subsection (D), or does not perform in accordance with the conditions for receipt of the exemption, the City may initiate legal proceedings to recover the impact fees that would have applied to the housing unit and damages. Funds recovered for impact fees shall be deposited in the impact fee account of the Water Utility. Damages collected to compensate the City for loss of affordable housing units shall be deposited into the S.M.A.R.T. Housing CIP Fund account of the Neighborhood Housing and Community Development Department.

(G)

Before the director of the Water Utility may issue a tap permit authorizing connection to the City water or wastewater system for a property receiving an exemption under this section, the community development officer must provide a written certification to the director of the Water Utility identifying the service address of the affordable housing unit.

(H)

The community development officer may revoke a certification under Subsection (G) if the applicant does not finish construction of the approved affordable housing unit:

(1)

within 15 months after certification; or

(2)

for a multifamily housing unit, 24 months after certification.

(I)

This section does not require a refund by the Water Utility of impact fees previously paid.

(J)

An exemption under this section may not be assigned or transferred by the applicant to another property.

Source: Section 13-3A-10(o); Ord. 990225-70; Ord. 000420-77; Ord. 031211-11; Ord. 20051103-032; Ord. 20071129-100.

(A)

If a refund is made under Section 395.025 of the Local Government Code, the tap permit shall be cancelled and all connection fees previously collected shall be refunded. If a building permit has been issued for the property, the canceled building permit must be presented before the refund may be made.

(B)

If a previously purchased but uninstalled water meter for which the impact fee has been paid is replaced with a smaller meter, the City shall refund a portion of impact fee payments based on the difference in service units of the two meter sizes and the fee for each service unit at the time of the original fee payment.

(C)

A request for a refund shall be submitted to the director of the Water and Wastewater Utility on a form provided by the City. The director of the Water and Wastewater Utility must respond to the requestor in writing with a decision on the request not later than the 31st day after the receipt of the request. The response must include the reasons for the decision. If a refund is due to the requestor, the director of the Water and Wastewater Utility shall notify the director of Financial and Administrative Services that a refund payment is due to the requestor.

Source: Section 13-3A-14(d)(4)and (5), (e), and (f); Ord. 990225-70; Ord. 031211-11.

(A)

An impact fee may not be refunded if the tap permit for which it is paid expires.

(B)

If the tap permit or building permit for a property for which an impact fee has been paid expires, and a new application is filed for the same property, the applicant is entitled to receive a credit in the amount of the fee paid.

(C)

Except as provided by Subsection (B), an impact fee is not transferable to a property or service unit other than the one for which it is paid.

Source: Section 13-3A-8(f), (g), (h); Ord. 990225-70; Ord. 031211-11.