Title
Consider/Discuss/Act on an Ordinance Amending Chapter 110 “Utilities” of the Code of Ordinances to Establish Water and Wastewater Design Standards and Require Permitting for All Extensions of the City of McKinney Water and Wastewater Systems
Summary
COUNCIL GOAL: Operational Excellence
(2A: Balance available resources to accommodate the growth and maintenance needs of the city.)
MEETING DATE: August 15, 2023
DEPARTMENT: Engineering
CONTACT: Gary Graham, P.E., Director of Engineering
Matt Richardson, P.E., Assistant Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
• Approval of the Ordinance.
ITEM SUMMARY:
• This ordinance incorporates water & wastewater design standards and permitting requirements that are typically enforced through the Unified Development Code into Chapter 110 “Utilities” of the Code of Ordinances.
• This change will allow staff to enforce water and wastewater design standards that are consistent for all utility customers and all requested extensions, regardless of if they are inside City Limits, inside the ETJ, or outside of both.
BACKGROUND INFORMATION:
• During the most recent legislative session, Senate Bill (SB) 2038 was approved by the Legislature and signed by the Governor. It allows for property owners to petition to be released from a City’s ETJ. Currently, water and wastewater design standards are enforced through the Unified Development Code, and specifically the Subdivision Regulations, which apply to both the City Limits and ETJ, but not to areas outside of both.
• The City currently has Certificates of Convenience and Necessity (CCNs) for water and wastewater service from the Public Utility Commission that extend to our ETJ boundary in most areas. If a property owner petitioned to be released from the City’s ETJ under SB 2038, they would still be within our CCN for water and wastewater service and we would still be obligated to provide them service if requested.
• By moving the design standards from the Unified Development Code to the Utilities Ordinance, they can be enforced on all customers as a condition of service regardless of jurisdictional status. These include standards for minimum line sizes and standard locations, design flow rates and pressures, redundancy requirements for water systems, lift station restrictions for sewer systems, easement widths, and other requirements.
• SB 2038 takes effect on September 1st, at which time property owners could petition to be released from our ETJ while still requesting water and wastewater service from us.
• Staff is exploring other options to further safeguard our water and wastewater systems in the ETJ and in areas that could be released from the ETJ. Staff may bring additional items on this topic to City Council in the coming months.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A