2009-145ORDINANCE NO. 2009
AN ORDINANCE AMENDING CHAPTER 26 OF THE DENTON CODE OF ORDINANCES
BY ADDING PROVISIONS ALLOWING FOR WAIVER OF POLICIES REQUIRING
CONNECTION TO WASTEWATER LINES WHEN INCLUDING IN ANNEXATION
SERVICE PLANS; BY ADDING A NEW ARTICLE XI, CONSISTING OF TWO DIVISIONS;
DIVISION ONE CONTAINING SECTIONS 26-301 THROUGH 26-302 PERTAINING TO
EXTENSION OF WATER AND WASTEWATER LINES FOR EXISTING USES;
CODIFYING AND AMENDING CURRENT WATER AND WASTEWATER LINE
EXTENSION PRACTICES; DIVISION TWO CONTAINING SECTIONS 26-303 AND 26-
304, AUTHORIZING THE CITY TO ESTABLISH PRO RATA FEES FOR CITY
EXTENSIONS OF WATER AND WASTEWATER LINES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SUPERSEDURE OF PRIOR CONFLICTING
ORDINANCES AND CODE PROVISIONS; PROVIDING A PENALTY FOR VIOLATIONS;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 26 of the Denton Code, section 26-171, hereby is amended by
adding new subsections (d) and (e), to read as follows:
(d) For land proposed to be annexed or for annexed land subject to an amended
service plan that incorporates waivers authorized by this subsection, the City Council upon
recommendation of Denton Water Utilities' General Manager may waive the connection
requirements set forth in this section for existing uses in developed areas, if the reasons for such
waiver are incorporated in an approved or amended service plan for the annexed area. In
deciding whether waivers should be granted, the Council shall take into consideration the
number and location of existing structures within the area to be annexed or that has been
previously annexed, the feasibility of providing wastewater services to unimproved lots, tracts or
parcels without extension of wastewater facilities to the existing structures and the potential for
creation of hazards to the public health, safety or general welfare in the event that such lots,
tracts or parcels are not served by public wastewater facilities.
(e) Nothing in this section shall be construed to modify requirements for extension of
wastewater lines pursuant to division one of Article XI.
SECTION 2. Chapter 26 of the Denton Code is hereby amended by creating a new
Article XI, containing two divisions, to read as follows:
ARTICLE XI MISCELLANEOUS PROVISIONS
DIVISION 1 LINE EXTENSIONS FOR EXISTING USES
Section 26-301 APPLICABILITY
(a) This division applies to: (i) a request by the owner of an existing single-family
dwelling or other existing use for a new service connection to a water or wastewater line having
sufficient capacity to serve the dwelling or use; or (ii) an owner of an existing use served by a
failing on-site sewage disposal system, which cannot be replaced under applicable state rules
with a properly functioning system, and the public health, safety and welfare requires connection
to a wastewater line.
(b) All requests for a new service connection to a water or wastewater line for
purposes of serving a new development shall be processed and decided in accordance with the
Denton Development Code, Chapter 35, Subchapter 21. Except as expressly provided in this
division, standards and procedures contained in the Denton Development Code shall also apply
to service extension requests to which this division applies. To the extent of a conflict between
the provisions of this division and provisions of the Denton Development Code, the provisions of
this division shall prevail.
Section 26-302 SERVICE EXTENSION REQUIREMENTS
The owner of an existing single-family dwelling or other existing use who requests a new service
connection to a City water or wastewater line shall bear the costs of extending such water or
wastewater line, together with the costs of any required associated facilities, that are necessary to
connect the use with Denton Water Utilities' approved water distribution system and wastewater
collection system. All initial costs of installing such facilities, including the costs of oversizing,
shall be borne by the owner, subject to oversize participation by or pro rata agreements with the
City in accordance with the Denton Development Code, Chapter 35, subchapter 21. Nothing in
this division is intended to prevent or discourage the costs of line extension to be shared among a
group of owners of existing single-family dwellings or other existing uses.
DIVISION 2. PRO RATA FEES FOR DENTON WATER UTILITIES PROJECT
Section 26-303 Establish of Municipal Pro Rata Fees.
(a) Denton Water Utilities may initiate capital projects from time to time for facilities
involving construction of water or wastewater lines or associated facilities not identified in the
applicable impact fee capital improvements plan, and may seek to recoup its costs through
establishment of pro rata fees.
(b) The City Council shall establish pro rata fees based upon the recommendations of
the General Manager, with or without modification.
SECTION 3. If any section, subsection, paragraph, sentence, 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 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 invalidity.
SECTION 4. All prior ordinances and code provisions in conflict with the terms of this
ordinance are hereby superseded to the extent of such conflict.
SECTION 5. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined in accordance with Section 1-12 of the Denton Code.
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SECTION 6. This ordinance providing for a penalty 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.
PASSED AND APPROVED this the l p -/day of 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
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APPRMED AYTO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY