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1985-1881137L NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (APPENDIX A) OF THE CODE OF ORDINANCES TO PROVIDE FOR REQUIRED LOCAL LIFT STATIONS OR FORCE MAINS TO SERVE DEVELOPMENTS, PROVIDING FOR PRORATA REIMBURSEMENT TO DEVELOPERS FOR THE COSTS THEREOF, PROVIDING FOR PRORATA CHARGES FOR PERSONS CONNECTING TO OR USING SUCH FACILITIES, REPEALING THE PROVISIONS OF CHAPTER 25 OF THE CODE OF ORDINANCES ON EXTENSIONS OF WATER AND SEWER MAINS, PROVIDING FOR A PENALTY FOR VIOLATIONS THEREOF IN A MAXIMUM AMOUNT OF $200 00, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That Article 4 09 (B)(1) of Chapter IV of Article III of the Subdivision and Land Development Regulations (Appendix A) of the Code of Ordinances is amended to read as follows (1) Development Mains and Facilities Developers shall pay the actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development, in accordance with the City's Master Utility Plan and the provisions of this Code A developer may appeal a determination of the required facilities to the Planning and Zoning Commission after a recommendation is made by the Public Utilities Board SECTION II That Article 4 09 (B) (3) of Chapter IV of Article III of the Subdivision and Land Development Regulations (Appendix A) of the Code of Ordinances is amended to read as follows (3) Pro Rata Reimbursement Due Developer Where water or sewer main extensions, lift stations, force mains, or other necessary water or sewer facilities are installed by a developer, the developer shall be entitled to reimbursement of the cost of such facilities from prorates charges paid by persons connecting to or making use of such facilities to serve their property, in accordance with the provisions of this article In no case, however, shall developer receive reimbursement in excess of the cost of the facilities SECTION III That Article 4 09 of Chapter IV of Article III of the Subdivision and Land Development Regulations (Appendix A) of the Code of Ordinances is amended by adding new paragraphs (G) and (H) to read as follows (G) Reimbursement for Lift Stations or Force Mains (1) Any developer who bears the cost of lift stations or force mains to serve a development shall be entitled to reimbursement for such costs from prorata connection or use charges paid to the City, in accordance with this article, by any person who makes use of such lift stations or force mains within twenty (20) years of the date such facilities are accepted by the City (2) The maximum reimbursable cost paid to a developer by the City from prorata charges collected from persons connecting to the facilities constructed by a developer shall be based upon the cost of providing capacity for the facilities in excess of the capacity required or reserved by the developer to meet the requirements of the developer's property, for which the facilities were installed, determined as follows COST1 REIMBURSEMENT = CAPACITY 1TOtal cost of facility 2Total capacity, in gallons per minute (g p m ) of the facility 3Capacity, in gallons per minute (g p m in excess of capacity reserved or required by developer's property (3) Reimbursement costs shall be payable to developer within thirty (30) days of receipt of prorata charges collected by the City (4) Prior to the beginning of construction of any facilities for which reimbursement is provided for herein, a developer who is eligible for reimbursement, shall enter into a prorata reimburse- ment agreement with the City The agreement shall specify and PAGE 2 describe the location and type of facilities, the estimated cost thereof, provide for the determination of actual reimbursable cost, and contain such other provisions necessary to comply with the provisions of this article and all other applicable ordinances, specifications or requirements of the City (H) Prorata Cost Charges for Use of Sanitary Sewer Lift Stations or Force Mains Installed By Developers (1) Every person who connects to, or makes use of, a sanitary sewer lift station or force main, the cost of which was incurred by a developer and for which a prorata reimbursement agreement has been entered into between the City and such developer, shall, as a condition to such connection or use, or continued use, pay to the City a prorata cost charge based upon the use of the excess capacity of the facility, determined as follows Ava Dailv Flow1 x 1 5 2 x N 3 x Rate4 14405 lAverage daily flow - the projected average daily sew- age flow from each building, structure or particular land use For single family residential buildings the pro- jected average daily sewage flow of 312 5 gallons per day (g p d ) shall be used (based upon 2 5 persons per build- ing X 125 g p d ) For other land uses, the projected average daily sewage flows shall be based upon the U S Environmental Protection Agency's, or its successor agency, most recent listing of average sewerage flows for various land uses or facilities, or any other national or state listing of such sewage flows recognized in the utility industry, as determined appropriate by the Director of Utilities 21 5 - ratio of peak flow to average daily flow 3N - number of buildings, structures, units or particular land uses on which the projected average daily sewage flows are based 4Rate - the gallon per minute (g p m ) cost of providing the sewage capacity used, determined as follows total cost of facility total capacity (g p m ) 51440 - the minutes in a 24-hour day PAGE 3 (2) The intent of this section (H) is to provide for an equitable prorata charge to persons making use of lift stations or force mains constructed under the provisions of this article, based upon the average daily projected sewage flows and peak sewage ilows of particular buildings, structures and land uses In cases where the prorata charge calculated in accordance with this section (H) would not be equitable, because the actual average daily sewage flow or peak flow from a particular building, structure or land use is much greater or smaller than the normal projected average daily flow or peak flow on which such prorata charge is based, the Director of Utilities may, based upon evidence of such greater or smaller actual daily sewage flow or peak flow, require a payment of a greater or smaller prorata charge as a condition to the connection to, use of, or continued use of, a lift station or force main which is subject to a prorata reimbursement agreement In such cases, the Director of Utilities shall give written notice to such person required to make such prorata payment of the basis for the actual prorata charge, and such person, may, within thirty (30) days thereafter, appeal such determination to the Public Utilities Board The Board shall, within a reasonable time thereafter, make a determination of the actual prorata charge to be assessed and paid SECTION IV That Article V ("Extension of Water and Sewer Mains") of Chapter 25 (Sections 25-74 to 25-79) of the Code of Ordinances is hereby repealed, said Article to be reserved for future use SECTION V Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200 00) Each such person shall be deemed guilty of a separate offense for each and every day or PAGE 4 portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION VI That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent ,jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City 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 fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage L PASSED AND APPROVED this the / day of JZAJ26 1985 1 OF DE~TON, ATTEST CHARLOTTE ALLEV, 6-~ ITSEUK CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY p rfvrH PAGE 5 {