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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. -2- 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: -3- APPRMED AYTO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY