HomeMy WebLinkAboutO-2018-3699 Amending Chapter 74 Utilities Eliminating Front Foot Development FeesORDINANCE No. 2018-3699
Al ORDINANCE AMENDINC CHAPTER 7'4 "LITILITIES" OF THE CODE OF
ORI)INANCES OF rHE CITY OF LA PORTE,TEXAS, BY ELIMINATINC FRONT
FOOT DEVELOPMENT FEES FOR WATER AND SEWER SERVICES; ANIENDINC
APPENDIX A- FEES; PROVIDINC 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 PUBLK,ATION OFTHE CAPTION
HEREOF; FINDING COMPLIANCE WITH THE OPEN MESE 1 I ING'S LAW; AND
PROVIDING AN EFFECTIVE DATE.
I
BE ITORDAINED BY THE CITV COUNCIL OF THE CITV OF LA PORTE:
Section I. That Chapter 74, "Utilities," Article M "Water and Sewer Service Charges",
Division 4 "Utility I)evelopment Fees", ofthe Code of 0rdinances of the City of Poi-tejexas
is hereby aniended in its entirely ted shall hereinafter read as 1*61lows:
"DIVISION 4. - ITIFILITY DEVELOPMENI FEES
See. 74-280. - Definitions.
The Rrdlowing, words, lerms arrd PhT`aSCS, WhCrl US01 in this divrsuon, shaH have dre irwanh-ngs ascribed to thorn ITI
this sec6on, excepat w1wre t1le coritem dezidy indic,,Aes an dill-erent nwarflng:
'4clue"'11 cost is the Cost of'off-sire water fines, or safliuu-y sewer fim exliensicnrs a's wa's, paid by rhe city
or developer fi,!ur the contractor tea ccrmiplete the pro'lect,
pis a J,)Ierson, fir mi or corporation, whether mic or more or a combination ofoile or alore. that
41,1proves, SCHS or uses land for dw purpose ofmimructhig, residenfi,,111, cornmerekd or indiusulal buildhigs
therecm to be sok] or leased to others, or for persotlause.
C,vfc,nshop is u'i extensimi ofwakn, hries or sariilar%SOVel' 14reS d18t OTT t0t'AIV OUtsWe a traci of
huid to tw subdi0ded mid/or developed.
1,
,y st"'m't"r Uires are the �4,udrary sewer tiudrns, laterals, sanitary sewers, H11 sLiOons, e,md pimni)
stations poci,,aed 4n pubhe streets and casemems.
Tupfies are the tees paid fOr a metered Nyme�r service connection or rn stack 1"ce for sarulary Sewer
service
D-Clet ns the Iola] acmige tha can be served by the off-site exterlsk,mi, u.C., lira, fou'd acres, or
parcels oHand that cairn be serve°d on the cite nsorj! ',rs showrn t)y ai project service area inane to be prepared by
the plamirng departmcuil prior to construc6on of tine extemiori,
4"cuer lim's are the wafler mahis, service lines, fire Ilydrams, arid appiurteru,,uwes Immed in pubhc
streets and pubhe easenients.
Sec. 74-281. - City to construct water and sanitary sewer lines only in public rights-of-way, or easements.
The city shall construct or cause to be constructed water and sanitary sewer laterals, mains, and facilities under.
the provisions hereof only in public rights-of-way or easements. All such laterals, mains and facilities when'
constructed shall remain the property of the City of La Porte, and no person shall by any means acquire any',
interest or right in any laterals, mains, or facilities, or any portion thereof, other than the privilege to have'
their property connected thereto for water and/or sanitary sewer service in accordance with the ordinances of!,
the city.
Sec. 74-282. - Developer responsibilities.
(a) The developer will be responsible for installation of all internal utilities necessary to serve the development;
including fire protection and either public or private lift station(s) where required.
(b) A developer/owner may also be required to pay a pro -rata reimbursement for certain
infrastructure funded by a third party.
(c) In all cases, a tap fee per connection and all applicable inspection fees are due to the city before
the physical connection to the public infrastructure line is made.
Sec. 74-283. - City participation in cost of extension of mains.
(a) The decision of whether or not the city will participate in the cost of extending any water or
sanitary sewer main to serve the property of an applicant under the provisions hereof shall be on a
case by case basis. Requests for city participation shall be in writing to the director of planning.
(b) For developments whose utility demands are higher than can be accommodated by existing
utilities and the proposed land use is different than that described for in the La Porte Comprehensive
Plan, the developer shall be responsible for and will provide for any additional costs necessary to
serve the development
Sec. 74-284. - Tap fees and payment.
(a)� For development of property within the city limits:
(1) Where public utilities are not immediately available to the site the fees listed in
Appendix A of this Code, will be assessed as a minimum, and such fees may be utilized to
extend water and/or sanitary sewer to and through the fronting public right-of-way.
(2) Any additional costs required will be the responsibility of the
developer/owner/applicant. Application for city participation in either off-site extensions
and/or oversizing will be considered on a case by case basis.
(b) All applicants shall complete an application for utility service on forms provided by the city.
Sec. 74-285. - 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 sanitary sewer lines at the developer's expense to and through the subject tract_ J
(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 developer/owner:
a. May apply for a utility extension agreement with the city.
b. May be eligible for a pro -rata reimbursement 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 74-285(b) above for the cost of extending said infrastructure/utilities.
(d) Project records. The planning department's office shall keep complete records on each project
made after the date of this division and 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 reimbursement 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:
rsement fee when
is requested
construction cost
project
al linear footage of
extension
Linear front footage of that certain tract that
onto previously extended line
Section 2. That Appendix — A "Fees", 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 is hereby amended and shall hereinafter read as follows:
Division 4. Utility Development Fees
a) Water Development fee (equal to or under 2.5 acres):
Rates per 100 square feet of the lot, tract or parcel of land to which water connections may be
made, plus a water tapping fee listed below:
(1 Residential .....
None
(2) Commercial/Industrial .....
None
Water Tap Fee .....
388.00
(b Sewer Development Fee (equal to or under 2.5 acres):
Rates per 100 square feet of the lot, tract or parcel of land to which sanitary sewer connections
may be made, plus a sewer tap and inspection fees listed below:
(1) Residential .....
None
2 CommerciaUIndustrial .....
None
Stack Fee for 4 -inch sewer to ..
90.0
Stack Fee for a 6 -inch sewer to ..
15.0
Inspection Fee .....
25.00
The charge for larger sewer service connections shall be at the city's actual cost.
c) Water Development Fee (over 2.5 acres):
Rates per linear front footage of the lot, tract or parcel of land to which water connections may be
made, plus a water tapping fee listed below:
Commercial industrial .....
None
Water tap fee .....
388.00
d Sewer Development Fee over 2.5 acres):
Rates per linear front footage of the lot, tract or parcel of land to which sanitary sewer connections
may be made, plus a sewer tap and inspection fees listed below:
Commercial/industrial
None
Stack Fee for 4 -inch sewer tap
290.0
Stack Fee for a 6 -inch sewer tap
315.0
Inspection Fee
25.00
The charge for larger sewer service connections shall be at the city's actual cost.
Section 3. 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 4. 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 5. 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 6. 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 7. 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.
PASSED AND APPROVED, this the 26th day of MARCH, 2018.
CITY OF LA PORTE, TEXAS
Lo
ATTEST:
Patrice Fogart3r
-'
City Secretary
APPROVED:
/Z 4e WA k •
Clark T. Askins
Assistant City Attorney
Rigby,