(1) The majority of the owners of real property in a defined area within the County that is not served by public water or wastewater facilities may petition the Department for the establishment of water or wastewater facilities within the area, the boundaries of which shall be specifically described in the petition.
(2) The majority of the owners of private water or wastewater facilities may petition the Department to bring the private water or wastewater facilities up to County standards such that the private facilities can become owned by the County.
(3) Owners of real property that have access to, but are not connected to, public water or wastewater facilities and that are connected to a private regional water or wastewater system may petition the Department to be included in a sanitary subdistrict or a project approved under this section that will provide public water or wastewater service in place of the service provided by the private regional water or wastewater system.
(b) Preliminary estimate. On receipt of the petition, the Department shall prepare without cost to the petitioners a preliminary estimate to determine the facilities required and their approximate cost and method of financing and a preliminary report outlining the compliance with additional criteria as specified in rules and regulations. If necessary, the Department shall also prepare an estimate of the cost of making a detailed engineering and financial survey and report covering anticipated revenues and necessary financing of the proposed facilities. In cases involving non-major extensions of existing systems, the Director may omit the preliminary estimate and proceed to conduct the detailed survey and report as provided in subsection (g), using Department personnel.
(c)
Publication. When the preliminary estimate is completed, the Department shall give notice by publication as provided in § 13-1-103. The notice shall specify the extent of the improvements; the proposed area to be served; and a time and place for a preliminary public hearing before the Director when persons interested in the improvements may appear and present their views. (d) Preliminary public hearing. At the time and place specified in the notice, the Director shall hold a preliminary public hearing. Persons interested in the improvements may appear at the hearing and present their views. In addition, the following information shall be presented at the public hearing: the probable cost and revenue estimates of the proposed facilities as determined from the preliminary estimate; the probable cost of the preparation of the detailed engineering and financial survey and report incident to the detailed engineering and financial survey; and the preliminary compliance report.
(e)
Decision. On the basis of the preliminary estimates and the preliminary compliance report, the Director shall determine whether to proceed with the detailed engineering and financial survey and report of the proposed facilities. If the Director determines not to proceed with the detailed engineering and financial survey and report, the Director shall give notice as provided in § 13-1-103 outlining the basis of the decision and the provisions of this subsection and subsection (f). (f) Petition for detailed plans; costs. If the Director determines not to proceed with the detailed engineering and financial survey and report of the proposed facilities, the owners of a majority of the real property in the area defined in the original petition may further petition the Department to prepare a detailed engineering and financial survey and report. The costs incurred in making this report shall be borne by the owners of real property within the area. The estimated costs of the detailed survey and report shall be certified by the Director to the County Council. Unless sufficient funds to defray the costs are paid to the County, in its next annual tax ordinance the County Council shall levy a special assessment on real property within the area defined in the petition at a rate to raise an amount sufficient to pay the estimated costs. The special assessment shall be collected as provided in § 1-8-101 of this Code. The sums of money paid to the County under this subsection shall be credited in the water and wastewater utility fund. (g) Preparation of detailed plans. The Director shall cause detailed surveys, plans, specifications, engineers' reports, and estimates to be prepared when the Director has determined that the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities should be prepared or when provision for payment of the costs of the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities has been provided.
(h)
Publication. After completion of preparation of the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities, the Department shall give notice by publication as provided in § 13-1-103. The notice shall specify the proposed area to be served and the time and place for a public hearing to be held by the Director. (i) Final public hearing. At the time and place specified in the notice, the Director shall hold a public hearing. Interested persons may appear at the hearing and present their views and the Department shall make a complete report as to the probable cost of the facilities contemplated.
(j) Single public hearing. If in the judgment of the Director the public interest, as well as the interest of a property owner, will not be prejudiced, the Director may hold a single public hearing on a petition for water and wastewater services as provided for in subsection (i) and dispense with the preliminary hearing provided for in subsection (d).
(k)
Determination; publication. On the basis of criteria specified in rules and in regulations and of surveys, plans, engineers' reports, and estimates, the Director shall determine whether the project complies with the rules and regulations, is feasible from an engineering standpoint, and will be self- sustaining. If the Director determines that the proposed project does not comply with the rules and regulations, is not feasible from an engineering standpoint, or will not be self-sustaining, the Director shall deny the extension of service. An order of denial or approval shall be published as provided in § 13-1-103. (l) Determination on whether project is self-sustaining. A project is self-sustaining if the Director determines that the County will recover the cost of a project from the estimated annual revenues of the project within 30 years after its completion. To determine the cost of a project, the Director shall first determine the estimated construction cost of the facilities to be installed, including engineering and costs of rights-of-way. From this figure, the Director shall subtract the portion of such estimated costs allocable to anticipated provision of service beyond the project area, plus contributions in aid of construction that the Director may receive from the petitioners for the service and any other contributions in aid of construction. To this figure, the Director shall add an amount sufficient to compensate the County for the estimated interest expense of the money invested in the project, as determined by factors furnished to the Director by the Controller.
(m)
Estimated revenues. To estimate the revenues of a project, the Director shall divide the cost of the project by 30, and the resulting quotient shall be the annual revenue required to support a finding that the project will be self-sustaining. To ensure the revenue, the Director shall then determine the rate at which front-foot benefit assessments authorized by §§ 13-5-601 et seq. shall be imposed. (n) Treatment of petition for one service as petition for both services. If in the judgment of the Director the public health and safety requires it, the Director may treat a petition for either water or wastewater utility service in a project area as a petition for both services. If the Director decides to do so, the Director shall combine the estimated costs and the estimated revenues of both services for the purpose of determining whether the total project will be self-sustaining.
(o) Rate that is less than the minimum basic rate. If the Director determines that the rate to make the project self-sustaining is less than the minimum basic rate set forth in § 13-5-602(a), then the front foot assessment shall be the rate to make the project self-sustaining and not the minimum basic rate. (p) Rate that exceeds maximum rate. If the Director determines that the rate will exceed the maximum rate set forth in § 13-5-602(a), the project may not be considered self-sustaining. (q) Petition to County Council. If a project is not self-sustaining, a majority of the property owners in the project service area may petition the County Council indicating a desire and ability to pay the rate of front-foot benefit assessment estimated to be sufficient to make the project self-sustaining. After consideration of the petition, the County Council may adopt the estimated rate by ordinance. At the time of assessment for the project, the rate assessed shall not exceed the estimated rate adopted by the County Council.
(r) Abandonment. A project shall be abandoned if during the time the project is being processed before the award of the construction contract for the project or before the ordering of material to construct the project and if the project is to be built by the Department a majority of the owners of the real estate in the area defined in the original petition file a counter petition against the project. Counter petitions may not be considered if received after the award of the construction contract for the project or after materials to construct the project are ordered if the project is to be constructed by the Department.
(s) Costs upon abandonment. Whenever a project is abandoned, the costs incurred in the development of the project up to the time the project is actually abandoned, including engineering costs, right-of-way costs, administrative, and overhead cost, shall be certified by the Director to the County Council. Beginning with the next annual tax ordinance, the County Council shall levy, for a period of time not to exceed five fiscal years, a special assessment on real property in the area defined in the petition at a rate to raise an amount sufficient to pay for the costs incurred up to the time of the actual abandonment. If the special assessment is levied for more than one year, the rate shall include the amount necessary to reimburse the County for the estimated interest expense determined in accordance with § 13-5-603(b)(3). The assessment shall be collected as provided in § 1-8-101 of this Code. (t) Rules and regulations. On recommendation of the Director, the County Executive may adopt rules and regulations establishing additional reasonable criteria for the review and approval of a petition for extension of water or wastewater facilities. Before taking effect, the rules and regulations shall be approved by the County Council by resolution.
(1985 Code, Art. 25, §§ 25-5-303, 24-3-304, 24-3-305, 24-3-306, 24-3-307, 24-3-308, 24-3-309, 24-3-310, 24-3-311) (Bill No. 63-04; Bill No. 47-08; Bill No. 20-09; Bill No. 80-12)
