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HomeMy WebLinkAboutORD 2006-89 - Utility System ImprovementsORDINANCENO. a0009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, REPEALING AND REPLACING CHAPTER 13.10 OF THE CITY OF GEORGETOWN CODE OF ORDINANCES RELATING TO "UTILITY SYSTEM IMPROVEMENTS;" REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEV'ERABH,ITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown operates a water, wastewater, irrigation, and drainage utility in the City limits to protect the health and safety of its citizens; and WHEREAS, the City has reviewed the policies related to City's the water, wastewater, irrigation, and & image utility and found that the yneed tobeupdated and revised inorder to accurately refect current policies and practices of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION L The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and arc incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Century Plan as follows: I. Policy End 12,00 in the Utilities i Energy element, which states: "City mvncd, sponsored or managed utilities provide safe, adequate and reliable services to all customers" 2. Focus End 12.02 to the Utilities I Energy element, which states: "City water and wastewater customers in all certified areas receive services which exceed state and federal standards" 3 Policy End 14.00 in the Finance element, which states "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided." 4, Focus End 14.01 in the Finance element which states "Each utility system is a self -supported operation that provides a desirable and affordable level of service," SFocus End 14.03 in the Finance element, which states: "The City's utility rates are competitive with surrounding communities and with the statewide and national averages for comparable utility systems" Ordinance No. a0&-a9 New Chapter 13.10—Utility System Improvements Page 1 of 4 and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other factory Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The existing Chapter 13,10 of the City Code entitled "Utihty System Improvements;' is hereby repealed in its entirely and replaced with the text set forth in Eshihi j which is etched hcrem and incorporated herein by reference for all purposes as if set fort mfell: SECTION 3 Afl ordinances that are in conflict with the provisions of this ordinance be, and to same are hereby, repealed and all oilier ordinances of to Citynot in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. If any provision of this Ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION S. This Ordinance shall be effective immediately upon its final adoption and in accordance with fie City Charter. PASSED AND APPROVED on First Reading on the 40 day of September2006. PASSED AND APPROVED on Second Reading on the ab day of September2006. ATTEST: THE CITY OF GEORGETOWN Sandra D.Lee City Secretary Approved as too Tom:",61( G �w Patricia Carls, Brown& Carls, LLP City Attorney r� "Gary IogMayor Ordinance No. ZOO - M Ncw Chapter 13. 10 — Utility Sy lam Improvements Pg2of4 Ealubit °A" CITY OF GEORGETOWN CODE OF ORDENANCES Chapter 13.10 Utility System Improvements Section 13.10,010 Policy established, This policy shall apply to improvements to the Ciys utility systems, including system upgrades, system expansion, and plant capacity additions, In this Scetion the tort "otility system" shall moan the City water system, wastewater system, reuseimgation system, and stounwater drainage system. Section 13-10,020 System Planning, The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10,030 Project Timing, A. Projects designed to expand or upgrade a Any system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. 1'Ien possible, the City should coordinate the construction of system improvements in a particular locationwiththe expansion ormaintenance ofother utility fiusnuc we to minimize the forum impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed tbQ current total capacity, D, Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E Projects required to facilitate the development of a specific tract shall be done m accordance with the unified Development Code. FProjects required asaresult ofanannexation service plan shall beprovided as stated in the approved Service Plan for such annexed tracts. Ordinance No, 04-91 Exhibit A plc Iof 1- Now Chapter 13,10—Lrtility System Improvements Page 3 of Section 13.10.040 Project Financing, A. Projects required to facilitate the subdivision of a specific tact shall be paid by the subdivider in accordance wvith the Unif edDevelopment Code, unless otherwise authorized in wribngand approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law, & When utility expansion is requested within a portion ofthe City'sutility service area, but to City is not othemise required to provide service or planning to provide service as reflected in the City sCapital Improvements Plan, the City may nonetheless, at the City's sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of tine project. C. When utility expansion is requested within a portion of the Citv's utility service area the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service ares, 3) enhances economic developmem, 4) improves system operations, 5) roommates to conservation or other environmental concern, and6) facilitates the completion of the utility master plan. D. At the City's sole option, the City may also facilitate the installation of utility expansion requests through 1) flaaneial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner fora proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver Ordlnanee No, a00HI Exhibit A pale Zk Now Chapter 13.10—UilitySystem Improvements Page 4 of 4