1967-005 NO. 7-5
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
DENTON, TEXAS, AND THE APPENDIX THERETO, PROVID-
ING PRO RATA COST CHARGES FOR CONNECTING WITH WAT-
ER AND SEWER MAINS, DESCRIBING THE LOT SIZE TO BE
ASSESSED FOR SUCH CHARGES, PROVIDING FOR PARTICI-
PATION BY THE CITY IN THE COST OF CERTAIN WATER AND
SEWER MAINS WHICH EXCEED A STATED INSIDE DIAMETER,
PROVIDING AN ALTERNATIVE METHOD OF CONNECTION
CHARGES, REPEALING CONFLICTING ORDINANCES, PROVID-
ING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the Code of Ordinances of the City of Denton, Texas,
is hereby amended and supplanted by substituting new Section
25-78 in Chapter 25 of sa~d Code and new sub-divisions (c),
(g) and (h) of Article 13 06 in Ordinance No. 59-47 as printed
in the Appendix of said Code which shall hereafter read as
follows
Section 25-78 Pro Rata Cost Charges For Tapping Mains
(a) Every person applying for a tap of any water or
sewer main which has been constructed under the terms
of this article shall pay for such privilege at the
following rates
(1) One-half (%) the actual cost of a main, not ex-
ceeding in inside diameter eight (8) inches,
per front foot of the lot or tract of land to
which water connections may be made
(2) One-half (%) the actual cost of a main, not ex-
ceeding in inside diameter ten (10) inches, per
front foot of the lot or tract of land to which
sanitary sewer connections may be made
The above front foot rates shall apply to property
fronting on a street in areas platted into the usual
rectangular lots or tracts of land, with a depth not
to exceed one hundred and fifty (150) feet Where
lots or tracts have greater depth than one hundred
and fifty (150) feet from the front street line, and
are occupied, or are to be occupied exclusively as
dwelling places, then the additional depth shall not
be assessed. If the property is later subdivided,
requiring an extension of mains to serve same, then
the terms of this article shall govern On lots or
tracts of land which extend through from one street
to another, with frontage on both streets, and where
the distance between the street lines is two hundred
and sixty (260) feet or more, then the pro rata
charges herein provided for shall be paid on both
frontages when a connection is secured to the lot or
tract Where lots or tracts of land are irregular
in size or shape, then pro rata charges shall be bas-
ed upon equivalent rectangular lots or tracts using
one front foot for each one hundred and fifty (150)
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square feet of area, or the pro rata charges pro-
vlded herein on average frontage of such tracts,
whichever is the lesser amount
The below rates shall apply to property through
which, under proper easement, sa~d water or sewer
main has been constructed which property does not
front on a street or other public right-of-way con-
tanning such main
(1) Actual cost of constructing a ma~n, not exceed-
·ng ~n inside d~ameter e~ght (8) ~nches, per
foot through the lot or tract of land to which
water connections may be made.
(2) Actual cost of constructing a main, not exceed-
lng in inside diameter ten (10) inches, per foot
through the lot or tract of land to which sani-
tary sewer connections may be made
(b) The above charges shall not apply to lots within a
sub-division to which the developer thereof has at
his expense installed the ma~n being tapped
(c) The charges provided by this section shall be ~n
addition to the usual tapping charges and any other
charges provided by the ordinances of the city
(d) The intent and purpose of this section ~s to provide
an equitable charge for water and sanitary sewer con-
nectlons as a proportionate distribution of the cost
of water and sanitary sewer main extensions to serve
property within the jurisdiction of the city on a
front foot basis In case property or a tract of
land is so situated or shaped that the front foot
rule creates an lnequ~table basis as between ~t and
other tracts of land, then, ~n that event, the C~ty
Manager shall determine the proper charge in accord
with the intent and purpose of this section No
person shall acquire any vested right under the terms
and provisions of this section (Cross Reference -
Article 13.06 in Appendix)
Article 13 06. Water d~strlbutlon and sewage collec-
tion systems
(c) Participation bY c~t¥ ~n cost of oversize mains
The city shall participate in the cost of any water
line having an ~nslde d~ameter greater than e~ght
(8) ~nches and of any sanitary sewer line hav~ng an
inside diameter greater than ten (10) inches, where
such oversize installation is deemed necessary by
the City Engineer No reimbursement shall be made
by the City for any water lines of eight (8) inches
or less, nor for sanitary sewer lines of ten (10)
inches or less. Payment shall be based on the cost
of mater~al where ten (10) ~nch water lanes or twelve
(12) inch sanltary sewer lines are required, and shall
be based on actual ~nstallatlon costs where larger
lines are required Any requests by the developer for
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payment shall be made in writing and shall be present-
ed to the Caty Enganeer for study The Caty Enganeer
shall present has fandangs, along wath has recommend-
atlons for payment, to the City Council for final
approval.
(g) Approv~ by cat¥ lamated
Approval by the city of proposed construction drawings
shall not relieve the developer of the responslbllaty
of conformang with the City Ordinances and speclflca-
taons relatang to the work, nor shall at relieve the
developer of the responsabllaty of provadlng correct
enganeerang desagn wlthln the subdlvasaon S~nce no
addataonal costs wall be ancurred by the correcting
of errors an enganeerang desagn which would not have
been properly ~ncurred had the desagn been correct
originally, no payment shall be made by the City for
any such correotaons whether made before or after
approval has been granted
(h) Other rules also apply
None of the provasaons of thas sectaon shall anterfere
wath or alter any of the rules or regulations affect-
lng the resubd~vldang or replatt~ng of land wlthln the
]urasdlctlon of the caty (Cross Reference Code Sections
25-76 through 25-78)
SECTION II.
That all ordinances or parts of ordinances an force when
the provasaons of thas ordanance become effectave whach are an-
consastent or an conflict wath the terms or provlsaons contained
an thas ordanance are hereby repealed to the extent of any such
conflact. Sectzon 25-78 of the existing Code is hereby expressly
repealed an ats entarety
SECTION III.
That if any section, subsection, paragraph, sentence, clause,
phrase or word an thas Ordanance, or appllcataon thereof to any
person or circumstances as held anvalad by any court of competent
]urasdactaon, such holding shall not affect the valldaty of the
remalnang portions of thas Ordanance, and the City Council of
the Caty of Denton, Texas, hereby declares at would have enaOted
such regaining portaons despite any such invalidity
SECTION IV
That this Ordanance shall become effective fourteen (14)
days from the date of 1ts passage, and the City Secretary is
hereby directed to cause the caption of this Ordinance to be
publzshed twice in the Denton Record-Chronicle wlthan ten (10)
days of thas date of its passage.
PASSED AND APPROVED thas I%~ day of --~_~m~,
A
D.,
1967
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Warren Whltson, Jr., Mayor
City of Denton, Texas
ATTEST
Brooks Holt, C~ty Secretary
C~ty of Denton, Texas
APPROVED AS TO LEGAL FORM
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