§ 12-14. Water and sewer main extensions.

(a)

Definitions.

(1)

City as used herein shall refer to the City of Terrell, Texas.

(2)

City council as used herein shall refer to the city council of the City of Terrell, Texas.

(3)

City engineer as used herein shall refer to the City Engineer of the City of Terrell, Texas, or his duly authorized representative.

(4)

Customer as used herein shall refer to any individual, corporation, partnership, organization or association receiving or requesting water or sewer service from the City of Terrell, Texas.

(5)

Extension deposit as used herein is the money deposited with the city by a single customer on a unit price per linear foot basis for the extension of a water or sewer main to provide water or sewer service to a single tract of land or premises.

(6)

Front footage as used herein is the length in feet of that front or side of a piece of property along which a water or sewer main is located or proposed to be located.

(7)

Pro-rata charge is the customer contribution toward the cost of providing water service for domestic, commercial and fire protection uses and to provide sewer service for domestic and commercial use to a property.

(8)

Sewer service as used herein is the delivery of sewage from a piece of property to a sanitary sewer main.

(9)

Single customer as used herein is a customer receiving or requesting water or sewer service for one separately owned tract of land or premises.

(10)

Subdivider as used herein is a customer receiving or requesting water or sewer service for more than one tract of land or premises.

(11)

Water service as used herein is the delivery of water from a water main to a piece of property occupied by a customer.

(b)

Application of provisions. This section applies to all water and sanitary sewer mains installed from and after its passage.

(c)

Pro-rata charge.

(1)

All property to which water and sewer service is extended after June 9, 1970, except property served by "on-site" developer extensions as defined in the Subdivisions Ordinance of the City of Terrell and except property within the city limits of the City of Terrell platted and occupied by single-family dwellings prior to June 9, 1970, shall be subject to a pro-rata charge as provided for in the fee schedule found in Appendix 1 of this Code.

(2)

No pro-rata charge will be made for water service to property which had such service available prior to passage of this section, and no pro-rata charge will be made for replacement of existing water and sewer mains.

(3)

The pro-rata charge shall be determined from the total length of that front or side of a parcel of land along which the water or sewer main is extended. The city engineer shall determine the locations of water and sewer mains and the points from which such mains shall be extended so as to best serve the convenience and economy of the city's water and sewer system. Should the front footage of any lot or tract of land create an inequitable basis for the pro-rata charge, the engineer shall determine the proper amount based upon the area of such lot or tract.

(4)

The pro-rata charge, when paid, shall be considered payment for water or sewer service along the entire front footage of the lot or tract served, even though the water or sewer main may not initially extend along the entire front footage of such lot or tract.

(5)

The pro-rata charges shall be paid for connections to mains which have been in service for a period of ten years, or less, unless otherwise determined by the Terrell City Council.

(d)

Extensions for subdividers. Extensions of water and sewer mains for subdividers shall be in accordance with the subdivision regulations of the City of Terrell, Texas.

(e)

Extension for single customers. Any customer desiring water or sewer service to any lot or tract of land not adjacent to a water or sewer main shall enter into contract with the city and shall pay an extension deposit for the cost of extending such water and sewer mains in accordance with an estimate prepared by the city engineer on the cost of such extension.

The extension deposit shall be charged from the nearest main, six inches or larger, to the customer connection point including crossing of railroad right-of-way and crossings of streets, roadways or other properties dedicated to public use. The extension deposit shall be collected for not less than 20 feet alongside the customer's property. Minimum size water or sewer mains shall be six inches in diameter for a single or two-family dwelling and eight inches in diameter for a multi-family dwelling or a commercial enterprise, except where lines are not subject to further extension, due to existing development or topography, as determined by the city engineer, main extensions to multi-family or commercial sites may be six inches in diameter.

(f)

Refunds for single customers. Pro-rata charges collected from other customers for their service lines attached to the water or sewer main extension described in the single customer's contract shall be refunded semi-annually to the single customer for a period of seven years from the date of the contract. The total refund to any single customer shall not exceed the amount of the extension deposit less the amount of the pro-rata charge against the single customer's property. At the end of the seven-year period such refunds shall terminate even though the total refunded amount is less than the maximum refundable amount.

(g)

Installation. Upon payment of pro-rata charges or upon payment of extension deposit and execution of a contract by the single customer, whichever is applicable under the terms described in subsection (e) above, the city will install or cause to be installed the required water or sewer main. No installation of water and sewer mains will be made in any location other than a dedicated street, alley, utility easement, or public way or an easement in favor of the City of Terrell. The city reserves the option to advertise for bids and to award contracts for all or any portion of extensions of water and sewer mains in accordance with the provisions of this section.

(h)

Oversize mains. The city reserves the option to install a larger water or sewer main than is required by the single customer. In this event, the single customer will pay the extension deposit based on the size main the customer needs and the city will bear the additional cost for installation of the larger size main except that no six-inch water or sewer mains shall be considered oversize.

(i)

Public necessity. If the city council determines that a condition exists which requires the extension of a water or sewer main to protect the public health, safety and general welfare, or for public convenience and necessity, the city may make the required main extension. Service therefrom to any customer whose property abuts the main shall be provided upon payment of the pro-rata charge as described in subsection (c) hereof and compliance with other applicable sections of this Code. If a hardship situation is determined by the city council, the council may authorize that the pro-rata charge plus a handling charge of five-tenths percent per month on the unpaid balance be paid in equal monthly installments in amounts sufficient to retire the total charge over a period of five years. Failure to pay such charges when due will be sufficient cause for discontinuation of service.

(j)

City not obligated to extend mains. In no event shall the city be required to extend water or sewer mains where funds are not available for the cost in excess of the extension deposit or pro-rata charges, or if it is determined by the city council that the extension of water and sewer mains is not feasible or is not in the interest of public health or safety.

(k)

Ownership to be conveyed to city. Title to all water and sewer mains and appurtenances thereto constructed or installed under this section shall be vested in the City of Terrell, Texas. No person shall acquire any vested rights under the terms and provisions of this section.

(Code 1968, §§ 25-51—25-61; Ord. No. 1898, Art. I, 11-18-97)