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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) Page 1 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 Page 2 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 Page 3 Warren Whltson, Jr., Mayor City of Denton, Texas ATTEST Brooks Holt, C~ty Secretary C~ty of Denton, Texas APPROVED AS TO LEGAL FORM Page 4