o~~~~~ RESOLUTION 89-113 AMENDING CITY POLICY TO PERMIT OUT OF CITY SEWER CONNECTIONS WHEREAS, the City desires to be a regional leader in the prevention and mitigation of groundwater and surface water pollution; and WHEREAS, the City desires to cooperate with Kerr County Commissioner's Court toward the elimination of failing septic tanks in Kerr County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERB COUNTY, TEXAS: THAT, the following is the City's policy pertaining to sewer connections for applicants located outside the city limits of Kerrville: This resolution supersedes Resolution 83-113 regarding sewer connections only. The City Council will review each request for sewer service by an applicant located outside the city limits of Kerrville on a case by case basis. ,~~ The Council may elect to require annexation rather than grant outside city service. 3. Certain criteria (see exhibit 1) must be met by each applicant before City Council will take action on the sewer request. 4. Those applicants outside the City limits shall be required to pay a capital recovery fee pursuant to Ordinance 86-49, and a monthly sewer use fee which will be double the rate for inside the city limits. The apita recovery fee 7 shall be paid prior to hook up. 5. An applicant outside the city limits shall pay an amount in lieu of taxes. Such amount shall be twenty percent (20q) of the ad valorem taxes that would have been paid yearly if the property served were within the city limits of Kerrville. The payment in lieu of taxes will be assesed and included in the monthly sewer use fee. This payment in lieu of taxes may be waived by council if delayed annexation is agreed upon. 6. The City is under no obligation to extend or upgrade sewer mains outside of its city limits in order to collect any applicants sewage. PASSED AND APPROVED this day of 1989. Leonard L. Holloway, Mayor ATTEST: Sheila L. Brand, City Clerk APPROVED AS TO FORM: Thomas S. Ter 11, City Attorney 3.5 7 5``jd ~td2.e, ~s~, ~ ~~ " ~ ~-~"s`~-tea ~~- ~o~o ~ ~,~,~.:,~ - ,fie- ~ ,~-~- . G~'~eSYm ~ c~~.~ ~.w -7 ~ ~ ~ ., 'P poa ~ li ~~3 `/5 ,u~ iQc~ ~ter~v (/f.[.C union-~.,~ ~o~~~ I~ a' RESOLUTION 89-113 AMENDING CITY POLICY TO PERMIT OUT OF CITY SEWER CONNECTIONS WHEREAS, the City desires to be a regional leader in the prevention and mitigation of groundwater and surface water pollution; and WHEREAS, the City desires to cooperate with Kerr County Commissioner's Court toward the elimination of failing septic tanks in Kerr County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERB CUUNTY, TEXAS: THAT, the following is the City's policy pertaining to sewer connections for applicants located outside the city limits of Kerrville: 1. This resolution supersedes Resolution 83-113 regarding sewer connections only. 2. The City Council will review each request for sewer service by an applicant located outside the city limits of Kerrville on a case by case basis. The Council may elect to require annexation rather than grant outside city service. 3. Certain criteria (see exhibit 1) must be met by each applicant before City Council will take action on the sewer request. 4. Those applicants outside the City limits shall be required to pay a capital recovery fee pursuant to Ordinance 86-49, and a monthly sewer use fee which will be the out-of-city rate The capital recovery fee shall be paid prior to hook up. 5. The City is under no obligation to extend or upgrade sewer mains outside of its city limits in order to collect any applicants sewage. PASSED AND APPROVED this v~-day of p 1989. ~°f---~---•-sPca~ Leonard L. Holloway, Mayor EXHIBIT 1 CRITERIA REGARDING OUT-OF-CITY SEWER COPINECTIONS Before action by City Council on a request to receive sewer service to an applicant located outside of the City of Kerrville's corporate city limits, the following must be met. 1. The applicant shall submit to the City, by letter, its reason(s) for requesting sewerage service. Justification from the Kerr County Environmental Health Department must be included with such request. The request shall also include the applicant's location, and estimated sewage flow. 2. Each applicant shall submit a reasonable description of the property to be served, 3. The City must have excess treatment capacity before any connection can be made. If the applicant's sewage contribution will cause the City's treatment plant flows to reach seventy percent (70%) of permitted flow capacity, then the City does not have excess capacity. 4. The City must have excess sewer line capacity and sewage lift station capacity before any connection can be made. 5. Each applicant agrees to all current sewer use ordinances. July 12, 1989 TO: Commissioners' Court/J FROM: David L. Litke /~. ~~ SUBJECT: PROPOSED CITY SEWER CONNECTION POLICY At the City Council Meeting last Tuesday night, the Council considered adopting a resolution to amend city policy to permit out-of-city sewer connections. The proposed resolution is attached. The proposal was tabled until Commissioners' Court could review and consider and comment on the resolution. Mr. Bart Hines will be available Friday to represent the city and answer questions you may have. BUSINESS OF THE CITY COUNCIL CITY OF KERRVILLE, TEXAS R3-11-87 ~~nJECT: A resolution to allow for sewer connections outside our city limits. FOR AGENDA OF: ul 11, 1 89 SUBMITTED BY: a t 'nes EXHIBITS: Proposed Resolution 89-113. DATE SUBMITTED: July 6, 1989 CLEARANCES: Larry AGENDA MAILED T0: APPROVED FOR SUBMITTAL BY CITY MANAGER: /~~ i) Vetter i Expenditure Current Balance Amount Account Required: in Account: Budgeted: Number: $ -0- $ $ 11 N/A PAYMENT TO BE MADE T0: APPROVED FOR SUBMITTAL BY THE FINANCE DIRECTOR: SUMMARY STATEMENT The City previously passed Resolution 83-113, whereby no water or sewer services may be granted to any applicant outside the corporate city limits of Kerrville, unless that applicant agrees to be annexed into our City. The attached Resolution 89-113 will supersede Resolution 83-113, in regards to sewer connections only. The proposed Resolution 89-113 allows a case-by-case review by City Council of each applicant's request for sewer service that is located outside our corporate city limits. Each applicant must adhere to certain criteria set forth in this resolution when requesting sewer service. Those applicants must agree to pay a capital recovery fee, monthly sewer use (double the inside city limit sewer use rate), and a payment in lieu of taxes fee. RECOMMENDED ACTION Passage of Resolution 89-113. 38 ('~) •` 1~ ',: RESOLUTION 89-113 AMENDING CITY POLICY TO PERMIT OUT OF CITY SEWER CONNECTIOPIS WHEREAS, the City desires to be a regional leader in the prevention and mitigation of groundwater and surface water pollution; and WHEREAS, the City desires to cooperate with Kerz County Commissioner`s Court toward the elimination of failing septic tanks in Kerr County; NOW, THEREFORE, BE ZT RESOLVED SY THE CITY COINCIL OF THE CITY OF KERRVILLE, KERIt COUNTY, TEXAS: THAT, the following is the City's policy pertaining to sewer connections for applicants located outside the city limits of Kerrville: 1. This resolution supersedes Resolution 83-113 regarding sewer connections only. 2. The City Council will review each request for sewer service by an applicant located outside the city limits of Kerrville on a case by case basis. The Council may elect to require annexation rather than grant outside city service. 3. Certain criteria (see exhibit 11 must be met by each applicant before City Council will take action on the sewer request. 4. Those applicants outside the City limits shall be required to pay a capital recovery fee pursuant to Ordinance 86-49, and a monthly sewer use fee which will be double the rate for inside the city limits. The capital recovery fee shall be paid prior to hook up. 5. An applicant outside the city limits shall pay an amount in lieu of taxes. Such amount shall be twenty percent (20%} of the ad valorem taxes that would have been paid if the property served were within the city limits of Kerrville. This payment in lieu of taxes may be waived by council if delayed annexation is agreed upon. 6. The City is under no obligation to extend or upgrade sewer mains outside of its city limits in order to collect any applicants sewage. ,`~ {l PASSED AND APPROVED this ATTEST: Sheila L. Brand, City Clerk APPROVED AS TO FORM: Thomas S. Ter 11, City"Attorney day of 1989. Leonard L. Holloway, Mayor ~~ i.,~1 i ~; EiCIIIBIT 1 ,~- CRITERIA REGARDING OUT-OF-CITY SEWER CONNECTIONS Before action by City Council on a request to receive sewer service to an applicant located outside of the City of Kerrville's corporate city limits, the following must be met. 1. The applicant shall submit to the City, by letter, its reason(s) for requesting sewerage service. Justification from the Kerr County Environmental Health Department must be included with such request. The request shall also include the applicant's location, and estimated sewage flow. 2. Each applicant shall submit a reasonable description of the property to be served, and a copy of the most recent Kerr County Appraisal District appraisal. 3. The City must have excess treatment capacity before any connection can be made. If the applicant's sewage contribution will cause the City's treatment plant flows to reach seventy percent (70%) of permitted flow capacity, then the City does not have excess capacity. 4. The City must have excess sewer line capacity and sewage lift station capacity before any connection can be made. 5. Each applicant agrees to all current sewer use ordinances. ,. v ~o~,~ '~' -' o ,~ N m :~ : W n N Q, 4t fi ~~ ~~ ~-~-~ iI 1a (~ ~,4a >> pia ~J ^ :. ~Y .d Elem. School ,: m E V/,g ~~',/( Nimitz ~ _ ry ~ "~,J o ~, Q dY l l T~N'~ N' . o °, c ~ ~, ~ X~ ~ ~a ~ `, _ _i~ ~~ C~MQ M 32 ` i ~~ o~ ~3 ~ .. ..: -,. onYaG O.axc~ sewer~ction S „ sew d0~ i Exist, lr"°~,. ~ ~ ;: 0~~ 4 ~ N :: '. 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