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HomeMy WebLinkAbout1971-017 NO AN ORDINANCE AMENDING THE CODE OF THF CITY OF DENTON, TEXAS, BY PROVIDING ALTERNATE METHODS OF EXTENDINC WATER AND SEWER MAINS A~ DEVELOPERS COST, OR BY THE CITY, OR BY AN INDIVIDUAL, PROVIDING REIMBURSEMENT FOR CERTAIN EXTENSIONS, REQUIRING A FEE FOR TAPPING SUCH MAINS WHICH HAVE BEEN EXTENDED THEREUNDER, PRO- VIDING ALTERNATE CHARGES, PROVIDING FUNDING THEREFORE, DEFINING CERTAIN TERMS, PROVIDING A PENALTY FOP VIOLATIONS, AND ESTABLISH- ING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART ONE That Sections 25-74 through 25-78, ~ncluslve, being all of Article V, In Chapter Twenty-Five, of the Code of Ordinances are hereby repealed, and said Code of Ordinances is hereby amend- ed and shall hereafter read as follows ARTICLE V EXTENSIONS OF WATER AND SEWER MAINS Section 25~74 - Extensions Required to Serve Subdlvlslon~ and Other Developments (a) Developers (lnclud~ng ~ndlvlduals, subdIviders and owners of multi-family dwelling units) shall pay the entire cost of water and sewer main extensions required to serve that develop- ment, as determined by the City Manager of the City of Denton For purposes of thls section, a water ma~n ~n excess of eight (8) inches and a sanitary sewer ma~n ~n excess of ten (10) ~nches side d~ameter may be considered oversize and the City may parti- cipate · n any costs of overslze water or sewer mains, at its option, provided the oversize capacity ~s not required to serve the develop- ment (b) Where the extensions to reach a development are laid ~n street rights of way or in dedicated areas d~rectly accessible to service lines, the developer shall be entitled to reimbursement in accordance with the provlslons of Section 25-75, below, but such reimbursement shall not exceed the developers total cost of the maln (c) The City shall approve all contracts for such construc- tion of utllltles prior to their execution by the developer In the event the Clty cannot ]ust~fy the costs involved in any such contract where City funds or pro-rata repayment ls ~nvolved, the City shall have the option and right to submit the specifications and subject matter for sealed b~ds, and the developer shall pay his proportlonate share of the acceptable low bid price Section 25-75 - Reimbursement of Extension Costs (a) Any developer who bears the cost of off-site water or sanitary sewer main extensions to a development as provided ~n Sectlon 25-74, above, shall be entitled to reimbursement of the pro-rata cost pa~d to the C~ty as provided in Section 25-76, be- low, for each user who extends a service line from such main within ten (10) years from the date such ma~n is f~nally inspected and accepted by the City -1- (b) The provisions of this section shall not apply to ser- vice lines or main extensions constructed at the expense of the City of Denton, from any main constructed under the terms of this article (c) Such reimbursement payments shall be made by the City to the person who paid the cost of the main, or his assign, and no other person shall be entitled to payment under the terms of this article (d) The reimbursement aforesaid shall be payable wzthln thirty (30) days of its receipt by City (e) The developer shall enter into an agreement with the City before any reimbursement may be made, which agreement shall be made prior to acceptance of the main by the City Such agree- ment shall state the cost of the main, terms of payment, and the maximum amount of reimbursement Section 25-76 - Pro-Rata Co~t Charges for Tapping Mains Extended by Developer or City (a) Every person or developer applylnq for a tap of any water or sanitary sewer main which has been constructed under the terms of Sections 25-74 or 25-77 shall pay for such privilege at the following rates (1) Where the main abutts, and zs accessible to, separate platted tracts, the charge shall be sixty (60%) per cent of the average current cost of a water main, not exceeding in inside dia- meter eight (8) inches, or, if a sanitary sewer ma~n, not exceeding · n inside diameter ten (10) inches, per front foot of the lot or tract of land which abutts such main (2) The charge to owners of property through which, under proper easement, said water or sewer main has been constructed which easement does not abutta street or other way directly acces- sible to a separately owned tract shall be the average current -2- cost of such a main, not exceeding in inside diameter eight (8) inches for water, or ten (10) inches for sanitary sewer, per foot through the lot or tract of land to which such connections may be made, except as may be applied under paragraph C below (b) The charges provided by this section shall be in addi- tion to the usual tapping fee and to any other charges requ%red by the City (c) The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property within the ~urlsdlctlon of the City In case property or a tract of land is so situated or shaped that the above front foot charge creates an lneqult able basks as between it and other tracts of land, then, in that event, the City Manager shall determine the proper charge in accord with the intent and purpose of this section, and such de- termined charge may be lesser or greater than that by the front foot basis If more lots are to be served by the main than abutt or contain it, then the charge shall be greater, as determined by the City Manager No person shall acquire any vested right under the terms and provisions of this section, nor shall the City of Denton Incur or assume any liability or obligation to expend or encumber tax or utility funds No utility fund~ shall be spent or encumbered unless same are available for such purpose, as determined by the City Manager (d) If the intended use of any main is determined by the City to exceed its capacity, no taps shall be permitted for such us e Section 25-77 - Pro-Rata Cost Charges for Tapping Mains Extended by City Where the City of Denton elects to extend a main for a special purpose where conditions exist which cause a hardship due to lack -3- of water or sanitary sewer service, such main shall come under the provlsaons of Sectaon 25-76, and any tap thereanto shall be paad for the same as af such maln were extended by a developer, except the taps made by the contractual extendees descrabed below Such payments shall be used to defray the cost of the main or maans so extended There shall be no tame l~mltatlon for reambursement to Caty for lanes extended under the provisions of th~s Sect~on and Sectaon 25-78, below Seotaon 25-78 - Special Extensaons to Indav~dual Single Famaly Resadences (a) Where an extensaon of a water or sanitary sewer maan is made by the Caty an order to serve a sangle family resadenoe as provided above, the owner may contract wath the City to pay a pro- portaonate share of such a maan as follows 1 The owners of a sangle family residence s~tuated on a platted lot having one hundred (100) feet or less abuttln~ or frontang on such maln may pay an amount equal to s~xty (60%) per cent of the average current cost per foot through or ad~oan- lng such lot to whach connectaon as made 2 The owner of a sangle family residence satuated on a lot or tract of record having more than one hundred (100) feet abuttlng or frontlng on such maln may pay an amount equal to saxty (60%) per cent of the average current cost per foot through or ad3olnang such lot or tract to whach the connection is made for one hundred (100) feet of such a main, plus s~xty (60%) per cent of the average current cost of ten (10%) per cent of the balance of the frontage of such tract, being the actual excess footage over one hundred (100), but not to exceed a total of three hun- dred (300) feet of main regardless of the length required for the connection -4- 3 No owner to which a connection is made pursuant to this section shall be entitled to relmbursement for any future connec- tions, and all future taps and connections made by the owner shall be pazd for as provided in Section 25-76 unless the extenslon agree- ment shall state otherwlse (b) Where the C~ty Manager determines that special circum- stances exist which would create an undue hardship on the owners descrzbed in this section, the provlszons of Section 25-76 (c) shall apply to such owners (c) In no case w~ll any water or sewer line be extended by the C~ty unless proper and sufficient funds are available therefor -5- Section 25-79 Definitions When used in this Article, the following words and terms shall have the meaning ascribed thereto (a) Average current cost shall mean the cost per foot de- ~nnually termlned~y the Public Utility Board of the City based upon actual construction costs of water and, separately, sewer mains in the City of Denton, considering all appurtenances thereto and needed therefor, during the year or period preceding such determination, and mathmat~cally averaging same and d~vld~ng by the number of feet constructed under such contracts for water and for sanitary sewer (b) Special circumstances as used above shall mean only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography, or unusual shape of the particular lot or tract involved (c) City shall mean the organization a~ headed administra- tively by the C~ty Manager and governed by the City Council (d) Developer shall be a general term including all persons, firms and corporations developing, bu~td~ng or using land for any purpose other than one single family residence, and the term shall expressly Include subdividers of residential and non-residential property (e) Single family residence shall mean a structure used for dwelling purposes only, by one family unit as defined an Ordinance No 69-01 (Zoning Ordinance) as amended -6- PART TWO That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circ~stances, IS held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the re- maining portions of this ordinance, and the City Cocci1 of the C~ty of Denton, Texas, hereby declares at would have enacted such remaining portions despite any such invalidity PART THeE That all ordinances or parts of ordinances in force when the provisions of this ordinanoe become effective which are inconsis- tent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the exten~ of any such conflict PART FOUR The violation of any provision of this ordinance shall be punlshgd by a fine of not exceeding ~o Hundred ($200 00) Dollars, and Section 1-5 of the Code of Ordinances is incorporated herein and made a part hereof PART FI~ That this ordinance shall become effective on and after the 1st day of July, 1971, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice an the Denton Record-Chronicle within ten (10) days of the date of its passage PASSED AND ~PRO~D this the 8th day of June, A D 1971 CITY OF DENTON, TE~S  K Q BARTON,~ITY ATTO~EY Y OF DENTON, TEXAS