The following definitions apply in the construction of this ordinance [section 18]:

A.

Abutting foot: Property contiguous and adjacent to a water and/or sewer line.

B.

Approach or off-site main: Water and/or sewer main totally outside a tract of land which is to be subdivided and developed for resale.

C.

Consumer: Actual user of water from a city water connection.

D.

Developer: Owner, or agent of owner, subdividing and installing utilities to serve lots or tracts for sale or lease as sites for homes, apartments, commercial shopping centers or industrial uses.

E.

Frontage: Property abutting either side of a water and/or sewer line.

F.

Oversize cost: Difference between actual cost of the main as built and size of main determined to be the minimum size required to serve the subdivision. The minimum size shall be six-inch water and/or sewer mains.

G.

Property owner: Owner of record of premises served with water and/or sewer facilities from a connection by the city.

H.

Pro rata: Charge made against the consumer or property owner to pay for replacement or extension of water and sanitary sewer mains as provided in this ordinance.

I.

Standard size water main: A main six inches in diameter.

J.

Standard size sewer main: A main six inches in diameter.

ARTICLE II

A.

The city may, when it determines it to be economically feasible and to the best interest of the city, extend water and/or sanitary sewer mains in the streets and alleys, or easements, within the city limits of the city in order to permit connections by persons desiring and seeking water service and sanitary sewer service. A charge, which shall be known as the "pro rata," shall be made against each lot or tract of land and the owner thereof whose water and sewer line shall be hereafter connected with any water main or sanitary sewer main in the city, and the charge shall be at the rate currently adopted by the city council.

B.

The front foot rates shall apply to property fronting on streets in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed 150 feet. Where lots or tracts have greater depth than 150 feet from the front street line and are occupied, or are to be occupied, exclusively as dwelling places, then the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains to serve same, then the terms of this ordinance shall govern.

C.

On lots or tracts of land which extend through from one street to another, with frontage on both streets, and where the distance between the street lines is 260 feet or more, the pro rata charges shall be paid on both frontages when a connection is secured to the lot or tract.

D.

Where tracts or lots are irregular in size or shape, the pro rata charged shall be based upon equivalent rectangular lots or tracts using one front foot for each 150 square feet of area.

E.

Where lots or tracts have a depth greater than 150 feet from the front street line, the pro rata herein provided shall be paid on the frontage on all streets which the property may abut minus 150 feet frontage for each corner of the property abutting a street intersection. Should said property be resubdivided whereby water and sanitary sewer main extensions are required to serve the same, the terms of this ordinance shall apply and additional pro rata charges shall be made based on such additional street frontage.

F.

In addition to the pro rata charges on water and sanitary sewer mains, the property owner must pay the tap charges as established by the city. Where a developer extends a water or sewer line through his subdivision, and/or has paid the costs of construction of said lines, then such development is exempted from pro rata assessment under this ordinance.

Unless it is determined by resolution of the city council of the city, that it is economically unfeasible to extend water and/or sewer lines to any properties existing within the city limits of the city, on the effective date of this amendment, the city shall bear the cost of extending water and/or sewer lines to said properties. Such services shall be on a case-by-case basis as requested. Such services shall be extended only along an improved, dedicated, and accepted street within the city limits that is the closest point to the property line from existing city facilities. The costs for the extension of utility lines shall be funded by the city from any source available to the city.

This section shall not apply to any properties within the city that are subdivided after the effective date [April 1, 1997] of this amendment, but shall apply to the closest point to the property line from existing city facilities as if said property had not been subdivided. The remainder of said properties that are subdivided after the effective date of this amendment shall be governed by section 2.01 of this article and article 3, article 4, article 5, article 6, article 7, and article 8 of the utility extension policy. Further, those properties wherein the city council determines it is economically unfeasible to extend water and sewer lines to said property shall also be governed by said articles.

(Ord. No. 97-4, 4-1-97)

ARTICLE III

A.

Upon request of the owner, or his agent, of a lot or tract of land, for the purpose of this ordinance known as the "applicant," accompanied by the payment of the charge due under this ordinance, the city shall extend or cause to have extended, lay or construct all necessary sanitary sewer and/or water mains, including necessary appurtenances, a maximum distance of 100 feet, excluding street intersections, plus the distance across the frontage necessary to provide the service for which application has been made. The applicant to be served shall be required to pay the charges herein provided for. The owners of all intervening property served by the given main extension shall be required to pay the charges provided for herein at such time as their property is connected to the mains thus laid. Where an applicant for service secures an extension and service under this particular option for main extension, he shall pay the pro rata charges on all property owned by him and which is served by the extension requested. In applying the 100-foot rule, the required extension of mains shall be figured in such manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary service, and for which the pro rata charges thereon have been paid or credited under the terms of this ordinance.

B.

An exception to the above 100-foot rule shall be made in the case where two or more individual applicants desire water and/or sanitary sewer service and the nearest applicant is more than 100 feet from existing lines. In that case, the city will extend its mains upon payment of the charges due under this ordinance, provided there is one customer for every 100 feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sanitary sewer service.

Where an extension is requested by an industry or commercial concern using large quantities of water and [which] cannot meet the requirements of one customer per 100 feet of extension, such extension may be made at the discretion of the city council provided 40 percent of the estimated annual revenue from such customer will be sufficient to support interest and principal payments calculated on the actual cost of the extension at eight percent per annum to amortize the city's investment over a period of ten years.

Where extensions of water and sewer systems are required to serve property which has been subdivided or platted for development and resale, water and sewer facilities may be extended to such properties on the following basis and in accordance with minimum standards and procedures described below.

A.

Extensions within property to be developed. Developers of such property will defray the entire cost of water and sewer systems within their subdivisions except that the city will refund the oversize cost of any water or sewer main inside such subdivided area larger than six inches in size, unless such larger size is required to serve the subdivision in question. Such size of water mains and sewer lines for adequate service shall be determined by the city. The amount of the oversize cost to be borne by the city shall be determined on the basis of the difference between the price bid for six-inch water and sewer mains and the larger size required. Refunds of oversize cost will be made upon acceptance of the systems by the city in accordance with the provisions of this ordinance.

In the event the developer makes the installation himself, then he shall execute a performance bond in favor of the city in the same form and conditioned in the same manner as provided for in the standard contract documents used by the city in making of water and sanitary installations.

B.

Mains lying along one or more sides of a subdivided tract which serve property other than subdivisions for which the extensions are made.

1.

For all mains, the developers will be refunded one-half the evaluated cost of the size main constructed when the adjacent property is developed.

2.

Where water and/or sewer mains lay along one or more sides of a subdivision and serve that subdivisions exclusively, such mains will be considered on-site mains.

C.

Reserved.

D.

Off-site extensions required to serve property development. The developer will bear the total cost of construction for off-site mains required to interconnect property to be developed with existing mains, the sizes to be determined by the city.

1.

For mains eight inches and smaller, the developer will be entitled only to the pro rata charges when and as collected from the adjoining property owners and refunded as set forth in this ordinance.

2.

The developer will be refunded the difference between the cost of such water and/or sewer main and the cost of an eight-inch main, this refund to be made by the city upon completion and acceptance of the system. In addition, the developer will be entitled to the pro rata charges collected from the adjoining property owners and refunded as set forth in this ordinance.

3.

The city specifically reserves the option to advertise for bids an [and] install all or any portion of off-site extensions of water and sewer lines over eight inches in size where costs of such lines, as determined by the bids taken by the developer, are not considered reasonable.

(Ord. No. 94-16, 1-3-95)

ARTICLE IV

All refunds established under this ordinance are an obligation of the city for a period of ten years from the date the installation was accepted by the city. If qualifications for refund under terms of this ordinance have not been met in this time, the city is automatically released of all obligation and further bookkeeping on the account.

In no event may the city be required to make extensions or participate in oversize construction under the provisions of this ordinance if there are no funds available on hand for the purpose.

ARTICLE V

A.

Any property in the city which has a water meter installed by the city to serve only one user on said property is hereby exempt from any pro rata charge on water mains provided in this ordinance.

B.

All water and sewer lines which may already be installed at the time of passage of this ordinance and which have been paid for by developers with no refund from the city are hereby exempt from payment of pro rata charges covered in this ordinance.

ARTICLE VI

It shall be unlawful to serve or connect any lot, tract or plot of land, or any part thereof, or for the use of the owner or purchaser of said land, or any part thereof, with water and sewer connections unless and until such plant [sic], plat or replat of such lot or tract of land shall conform to the platting requirements of the city.

ARTICLE VII

The intent and purpose of this ordinance is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the city on a front foot basis.

A.

In case property or a tract of land is so situated or shaped that the front foot rule creates and [an] inequitable basis as between it and other tracts of land in the city, in that event, the director of public works shall determine the proper charge in accord with the intent and purpose of this ordinance.

No person shall acquire any vested right under the terms and provisions of this ordinance.

ARTICLE VIII

All agreements concerning deferred pro rata charges for water and/or sewer service shall be executed on forms approved by the city attorney of the City of Bridge City.