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Home My WebLink AboutO-2016-3646 Amending Chapter 74 "Utilities", Related to Calculation of Development Fees for Developer/Owner Funding of Utility Line ExtensionsORDINANCE NO. 2096-3646 AN ORDINANCE AMENDING CHAPTER 74 "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATED TO CALCULATION OF DEVELOPMENT FEES FOR DEVELOPERIOWNER FUNDING OF UTILITY LINE EXTENSIONS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 74, "Utilities," Article III "Water and Sewer Service Charges", Division 4 "Utility Development Fees", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending Section 74-287 "Required off-site extensions to serve property development", which shall hereinafter read as follows, to wit: "Sec. 74-287. - Required off-site extensions to serve property development. (a) When water line or sanitary sewer line facilities are not available to serve a tract of land, the city will construct or cause to be constructed public or private construction of an off-site extension of water lines and/or sanitary sewer lines at the developer's expense to and through the subject tract. (b) Applications for extension. (1) Any developer/owner who desires an extension of city water or sanitary sewer lines to serve his facility or property shall make written application to the planning and development department to extend said water or sanitary sewer lines to and through the subject tract. The planning and development department shall determine if the project applied for is feasible. (2) The planning and development department may approve a project's feasibility within the city if it is determined the project is feasible based upon, but not limited to, the following factors: a. Economic practicability considering cost of project to city. b. Anticipated revenue. C. Availability of funds if the city's participation is sought or desired. d. Engineering feasibility - construction plans must first be approved by city. e. Plant capacity. f. Trunk line capacity. g. Benefits to city. (3) If any developer/owner pays for and extends water and/or sanitary sewer lines, provided that such extensions are in accordance with the city's Public Improvement Criteria Manual and are accepted by the city for maintenance, then the following criteria are applicable as it relates to the amount of development fees to be paid by the developer/owner: a. If the calculated development fees are less than the cost to the developer/owner for said installation, reference section 74-287(b)(4), below. b. If the calculated development fees are more than the cost of said installation, the payment of development fees shall not be required. (4) In the event that the calculated development fees are less than the cost to the developer/owner to install or extended any needed water and/or sanitary sewer utilities, the owner/developer: a. May apply for a utility extension agreement with the city. b. May be eligible for a pro -rata reimbursement of the difference for a ten-year period if a utility extension agreement is executed with the city prior to installation/extension and if the owner/developer is seeking or seeks such future pro -rata reimbursement of the extended utilities from developments seeking connections to said line. (c) Developer's estimate. (1) At the time of plan submittal developer shall provide the city three written construction estimates and after the award of the bid for the project, the developer shall submit to the city the actual cost of construction/installation as provided by the owner/developer's contractor responsible for the construction and installation of the utilities. After the project is completed and accepted by the city and final payment has been made to the contractor by the developer, the developer may be eligible, under the provisions and procedure set forth in section 74-287(b) above for the difference between the cost of extending said infrastructure/utilities, and the development fees that would otherwise be normally assessed the site or parcel. (2) In no case shall the development fee be less than the cost of the required water meter and appurtenances, sanitary sewer stack and/or tap, and the inspection of the physical tap by city personnel. (d) Project records. The planning department's office shall keep complete records on each project made after the date of this division and shall determine the development fee to each tract of land affected by each utility extension project provided a utility extension agreement exists for the newly extended line. (e) Stipulations on reimbursement. (1) All reimbursements established under this division are an obligation of the city for a period of ten years from the date of acceptance of the improvements, and, if qualifications for refund under the terms of this division have not been met in this time, the city and landowners of all future taps onto said utility line shall be automatically released of all obligation and further bookkeeping on the account. (2) A developer/owner shall not be required to pay a pro -rata reimbursement as described in this division if the developer/owner is proposing to extend an existing line and will not be gaining any direct utility service tap from the theretofore previously installed utility line. (3) Pro -rata reimbursement charge formula. A development fee shall be made against each tract or parcel that uses or ties onto the subject project water line or sanitary sewer line based on the following formula: Reimbursement = Total construction cost of project X Linear front footage of that certain tract that cost when service is requested Total linear footage of the extension taps onto previously extended line" Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. v�h PASSED AND APPROVED, this the day of SEPTEMBER, 2016. CITY OF L*TOIRTE, TEXAS uis t. Rigby, M ATTEST: L� Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney