19.14.010 - Utility connection.
A. Participation and Extension Policies. A property may not be served or connected with water, wastewater, electricity, gas or other utility service unless the owner of the property has been issued or otherwise holds a certificate of compliance applicable to the land to be served or connected as provided in Section 19.37.140. For purposes of this chapter, utility service and connection shall not include the laying of utility facilities, or the installation and use of meters or hook-ups required for construction of any required subdivision improvements or buildings. Provided, however, that a property may be served or connected with water, wastewater, electricity, gas or other utility service regardless of whether an entity is presented with or holds a certificate of compliance when:
1. The property, or any portion thereof, was first served or connected by a public utility that provides water, wastewater, electricity, gas or other utility service before September 1, 1987;
2. The property, or any portion thereof, was first served or connected by either a utility service corporation organized and operating under Article 1434a, Vernon's Texas Civil Statutes or a special district or authority created by or under state law that provides utility service, with water, wastewater, electricity, gas or other utility service before September 1, 1989; or
3. The city manager or designee issues a certificate stating that:
a. The land, before September 1, 1995, was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract,
b. The land is located in a subdivision in which utility service has been previously provided,
c. The land is located within the extraterritorial jurisdiction,
d. Construction of a residence on any portion of the property, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997,
e. The person requesting utility service provides either:
i. A copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting utility service before September 1, 1995, and a notarized affidavit by that person that states that construction of a residence on the property; evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, or
ii. A notarized affidavit by the person requesting utility service that states that the property was sold or conveyed to that person before September 1, 1995, and that construction of a residence on the property, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 1997, and
f. The utility service provider provides utility service to property described by subsection (A)(3) only if the person requesting service:
i. Is not the land's subdivider or the subdivider's agent, and
ii. Provides to the utility service provider a certificate from the city manager or designee as described by subsection (A)(3);
4. Applicability. This chapter shall apply to land that is first served or connected with water or wastewater service, or both, on or after July 11, 1995 (passage of Ordinance No. 012475).
5. Exception. An exception may be granted in accordance with Chapter 19.48 when the city plan commission determines, following a recommendation by the director of the authorized local health agent or department with jurisdiction, that a threat to public health and safety may result from an existing water supply system or on-site sewage system on property which has been privately developed without a subdivision as required by this title; and where the strict application of these regulations cannot be observed due to the existing conditions of the property. For purposes of this subsection, property which has been privately developed shall include any portion of a tract or parcel of land on which a structure has been permanently located on the ground, or has been attached to something having a permanent location on the ground, and which has been continuously occupied for any use.
(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)
