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
{