1991-063uSON
ORDINANCE NO
AN ORDINANCE AMENDING SECTION 25-7 OF ARTICLE I, CHAPTER 25 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REDESIGNATING
SECTION 25-8 OF ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS AS SECTION 25-9, ADDING PROVISIONS TO
ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, AND DESIGNATING SAME AS SECTION 25-8, REVISING TAP
AND LOOP INSTALLATION FEES, AND METER RELOCATION FEES, PROVIDING
FOR THE ISSUANCE OF PERMITS FOR TAP & LOOP INSTALLATION,
ESTABLISHING CHARGES FOR WORK NOT SPECIFIED, PROVIDING FOR THE
INSTALLATION OR INSPECTION OF WATER TAPS DEDICATED EXCLUSIVELY TO
FIRE SPRINKLER SYSTEMS WITHOUT CHARGE OR AT REDUCED COST, REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $500 00 FOR VIOLATIONS THEREOF, PROVIDING A
SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City Manager has recommended to the Council of the
City of Denton, Texas that the fees charged by the City for water
and sewer taps must be increased to cover the City's costs for such
installations, and
WHEREAS, at the recommendation of the city manager, the council
of the City of Denton, Texas desires to make the private installa-
tion of such taps an option to landowners and developers, provided
that the future integrity of the City's water and sewer system can
be ensured, and
WHEREAS, at the recommendation of the City Manager, the Council
of the City of Denton, Texas finds that the installation or inspec-
tion without charge of water taps dedicated exclusively to fire
sprinkler systems advances an important governmental interest in
protecting its citizens and firefighters from the preventable haz-
ards of fire, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Section 25-7 of Article I of Chapter 25 of the
Code of Ordinances of the City of Denton, Texas is hereby amended
to read as follows
Sea 25-7. Private Installation of Water and Sewer Main Taps
(a) Permit Required No person, firm, association or corpora-
tion may remove, install or relocate any water or sewer
main tap or loop, or cut any street surface for the purpose
of removing, installing or relocating any such tap or loop
without first obtaining a permit from the Superintendent of
Water/Wastewater Field Services ("Superintendent") A sep-
arate permit is required for each and every tap or loop
that is to be removed, installed or relocated Permits is-
sued under this section are not transferable
(b) Requirement for Issuance Any person desiring issuance of
a sewer and water tap permit shall, upon written applica-
tion to the Superintendent, be issued a permit if the fol-
lowing conditions are met
(1) The applicant must certify that the work will take
place under his on-site supervision
(2) The applicant must obtain the following minimum li-
censure or certification
(a) For installation of sewer taps, the applicant must
be a master plumber licensed by the State of Texas
or be issued a certificate of competency by the
Texas Water Commission as a wastewater plant oper-
ator
(b) For installation of water taps and loops, the ap-
plicant must be a master plumber licensed by the
State of Texas or be issued a certificate of com-
petency by the Texas Department of Health as a
water supply system operator
(3) The applicant must not have been convicted of any prior
offense under this section, or had a permit issued
under this section revoked, during the twelve (12)
months preceding the application
(4) The applicant must execute a performance bond, mainte-
nance bond, and payment bond, each in an amount not
less than the fee currently charged by the Utility
department for such installations, and sufficient to
guarantee that funds will be available for completion
of the project and payment of workers in the event of
applicant's default, and to cover maintenance for one
year after completion
(5) The applicant must attend a briefing on the City's
standards and procedures relative to the task per-
mitted and must adhere to those standards during the
course of the permitted work
(6) The applicant must demonstrate that he has sufficient
equipment and manpower to safely complete the permit-
ted task consistent with all applicable City, State and
Federal standards
PAGE 2
(7) The applicant shall provide and maintain valid certi-
ficates of insurance, naming the City as an additional
insured, and in an amount and type meeting the follow-
ing minimum coverages
(a) Workers' Compensation and Employer's Liability
Workers' Compensation - Statutory Limits
Employer's Liability - Statutory Limits
(b) Comprehensive Automobile Liability
A combined single limit of $500,000
(c) Comprehensive General Liability
A combined single limit of $500,000
(d) Owner's Protective Liability
A combined single limit of $500,000
(e) Policies must cover all claims on a per occurrence
basis and must provide, at a minimum, no less than
thirty (30) days notice of cancellation
(8) The applicant shall pay in advance a fee of $100 for
inspection of a tap and loop installation, or a fee of
$35 00 for inspection of a loop installation This fee
will cover the cost of barricade inspection, safety in-
spection, digging inspection, backfill inspection, as-
phalt laying inspection, and tap and loop inspection
Any person who installs a tap exclusively dedicated to
a fire sprinkler system, as determined by the Utility
Department, shall be exempted from the payment of the
inspection fee, but not from the inspection itself
(c) offenses The following acts constitute offenses punish-
able by fine and shall additionally be grounds for revoca-
tion of an existing permit
(1) Failure to maintain the minimum permit requirements set
forth in Section 25-7(b) of this Article,
(2) Making any materially false or misleading statement in
connection with the permittee's application, or
(3) Violation of any requirement of this section
PAGE 3
(d) Permit Denial Revocation and Appeal
(e)
(1) If the Superintendent determines that the requirements
set forth in Section 25-7(b) for issuance of a permit
have not been met, or if he determines that revocation
of an existing permit is appropriate, he shall reduce
his decision to writing, listing the reasons for his
actions, and transmit a written copy to the applicant
or permit holder
(2) The applicant or permit holder may appeal the decision
of the Superintendent to the City Manager by filing
with the City Manager a written request for a hearing,
setting forth the reasons for the appeal, within ten
(10) days after receipt of the notice from the Super-
intendent If a request for an appeal hearing is not
made within the ten (10) day period, the action of the
Superintendent is final
(3) The City Manager or his designated representative shall
serve as the hearing officer at an appeal hearing and
consider evidence offered by any interested person
The formal rules of evidence do not apply at an appeal
hearing and the hearing officer shall make his decision
on the basis of a preponderance of the evidence pre-
sented at the hearing The hearing officer must render
a decision within thirty (30) days after the request
for an appeal hearing is filed The hearing officer
shall affirm, reverse, or modify the action of the
Superintendent, and his decision is final
Fees The City shall inspect all taps and loops which are
removed, installed, or relocated to insure that such re-
movals, installations, and relocations are in compliance
with City of Denton specifications and codes
SECTION II That Section 25-8 of Article I of Chapter 25 of
the Code of Ordinances of the City of Denton, Texas, Electrical
meters electrical meter terminal boxes and supply conductors
water meters and water distribution mains and lines certain acts
prohibited, is hereby redesignated as Section 25-9, Tampering with
Utility Meters
SECTION III Section 25-8 of Article I of Chapter 25 of the
Code of Ordinances of the City of Denton, Texas is hereby amended
to read as follows
PAGE 4
Sea 25-8. Installation of Taps by the Utility Department
(a) Utility Department May Install The Utility Department,
upon the approval of the Superintendent of Water/Wastewater
Field Services ("Superintendent"), and upon receipt of the
required fees, may remove, install, or relocate water and
sewer taps and loops
(b) Fees for Routine Installations Any person, association of
persons, or corporation desiring that a water or sewer main
tap, water meter loop, meter relocation, or sewer manhole
breakout be removed, installed, or relocated by the Utility
Department shall pay in advance to the Utility Department
the following applicable fees
PAGE 5
WATER TAPS WITH LOOP
Size of Tap and Meter
aved Street
Unpaved Street
3/4
inch
1
inch
1-1/2
inch
2
inch
Size of Tap and Meter
2 inch
3/4 inch
1 inch
1-1/2 inch
Size of Tap
4 inch
6 inch
8 inch
10 inch
Size of Tap and Meter
3/4
inch
1
inch
1-1/2
inch
2
inch
$ 785
835
1060
1185
WATER TAPS WITHOUT LOOP
Paved Street
$810
WATER LOOPS
$ 400
435
700
785
Unpaved Street
$400
$ 235
275
400
SEWER TAPS WITH CLEANOUT
Paved Street
$ 710
735
775
835
Unpaved Street
$ 335
360
400
435
METER RELOCATIONS
Relocation of 10 Feet or Less
$ 50
75
75
100
PAGE 6
(c) Fees for Installations not Listed
(1) Any person requesting the installation of a tap or loop
by the Utility Department for which a fee is not speci-
fied in subsection (b) shall pay in advance to the
Utility Department a deposit based upon the estimated
cost of such installation, or similar work, plus an
administration charge of 20%
(2) Upon completion of the installation or similar work re-
quested per subsection (c)(1), the Applicant shall be
billed at actual cost, as determined by the Utility
Department, plus a 20% administrative charge Any ex-
cess deposit shall be refunded to the applicant
(d) Tapping Fees in Addition to Other Fees and Charges The
fees and charges established herein shall be in addition to
any other applicable fees and charges provided by ordi-
nance Any person, association of persons, or corporation
requesting the City to perform related services for which
a fee has not been set shall be charged the City's cost for
providing such work, service, material, and equipment plus
20%
(e) Fire Sprinkler Tap Fees shall be Waived Upon written re-
quest to the Superintendent, the Utility Department shall
waive installation charges for water taps exclusively dedi-
cated to fire sprinkler systems The Superintendent shall
have sole discretion in the application of this subsection
SECTION IV That any person violating any of the provisions of
this ordinance shall, upon conviction, be fined a sum not exceeding
Five Hundred ($500) Dollars, and each day and every day that the
provisions of this ordinance are violated shall constitute a sepa-
rate and distinct offense This penalty is in addition to and cu-
mulative of any other remedies as may be available at law and eq-
uity
SECTION V All ordinances or parts of ordinances in force when
the provisions of this ordinance become effective which are incon-
sistent or in conflict with the terms or provisions contained in
this ordinance are hereby repealed to the extent of any such con-
flict
SECTION VI That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the va-
lidity of the remaining portions of this ordinance, and the City
PAGE 7
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity
SECTION VII That this ordinance shall become effective sixty
(60) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
for the City of Denton, Texas, within ten (10) days after the date
of its passage
PASSED AND APPROVED this the A' day of , 1991
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY `c'
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