1964-033 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TE~S, PROVIDING FOR REIMBURSEMENT
IN,PART FOR EXTENDING WATER AND SEWER MAINS, PROVIDING
NEW PRO RAT~ CHARGES FOR CONNECTING WITH SUCH MAINS,
PROVIDING AN ALTERNATIVE METHOD OF CONNECTION CHARGES,
REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS
cLAUSE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Code of Ordinances of the C~ty of Denton, Texas, Ks
hereby amended and supplanted by substltutang new Subsectaons (d)
and (e) of Article 17 07 in Chapter Seventeen of sa~d Code of
Ordanances which shall hereafter read as follows
(d) Reambursement of Extensaon Costs
(1) Any owner of property who bears the cost of water
and/or sewer main extensaons an excess of one hundred
(100) feet, as provided in paragraph (b) of thas
Artacle, or any subdavader who bears the cost of
main extensions to a subdlvaslon, as provided in
paragraph (c) of thas Article, shall be entitled to
reimbursement of the entare Pro Rata cost paad to
the Caty of~Denton as provided an paragraph (e) of
this Artacle for each user who extends a service
line from each such maan within a period of fare (5)
years from the date any such maan extensions are
accepted by the Caty of Denton
(2) After the expiration of fave (5) years from the date
of water or sewer main extensaon, as aforesaad, no
further reimbursement shall be made
(3) The provisions of Artacle 17 07 (d) shall not apply
to main extensaons constructed by the Caty of Denton,
or under its authoraty, from any maan constructed
under the terms of this Article
(4) Relmbursement payments shall be made to the person,
assocaataon of persons, firm or corporatlon who
paad the cost of the ma~n, and no other person,
association of persons, farm or corporation shall be
entatled to payment under the terms of this Article
(5) The reambursements aforesaid shall be payable on
or after October 1 of each year for taps made durang
the preceed~ng year
(6) There shall be a maximum of fzve (5) years as the
period of el~g~bzl~ty where~n the or~gznal ~nstaller
of the malns may request relnbursement of pro rata
payments under thls section The per~od of eligibility
shall beg~n as of the date of f~nal anspect~on and
acceptance of the extensions by the Czty of Denton
(e) Pro Rata Cost Charges for Tappzng Mains
(1) Every person, assocaat~on of persons, firm or
corporation applying for a tap of any water or sewer
ma~n which has been constructed under the terms of
th~s Article shall pay for such pravalege at the
following rates
One-half the actual cost of a ma~n not
exceedang 6 inches per front foot of the
lot or tract of land to which water
connections may be made,
One-half the actual cost of a maan not
exceedzng 6 lnches per front foot of
the lot or tract of land to whach
sanitary sewer connections may be
made
The above front foot rates shall apply to property
frontlng on a street an areas platted anto the
usual rectangular lots or tracts of land, wath a
depth not to exceed 150 feet Where lots or tracts
have greater depth than 150 feet from the front
street line, and are occupled, or are to be occupled
exclusively as dwellang places, then the add~tlonal
depth shall not be assessed If the property ~s
later subdzvlded, requiring an extensaon of mains to
serve same, then the terms of thas ordinance shall
govern On lots or tracts of land which extend
through from one street to another, w~th frontage
on both streets, and where the dlstance between the
street l~nes ~s 260 feet or more, then the pro ~ata
charges here~n provaded for shall be pa~d on both
frontages when a connection is secured to the lot or
tract Where lots or tracts of land are zrregular
an s~ze or shape, then pro rata charges shall be
based upon equivalent rectangular lots or tracts
usang one front foot for each 150 square feet of
area, or the pro rata charges provided here~n on
average fromtage of such tracts, whichever ~s the
lesser amount
The below rates shall apply to~p~operty through which,
under proper easement, saad water or sewer maan has
been constructed which property does not front on a
street or other publac raght of way conta~nang such
mazn
Actual cost of constructing a main not
exceeding 6 inches per foot through the
lot or tract of land to which water
connections may be made
Actual cost of constructing a main not
exceeding 6 inches per foot through the
lot or tract of land to which sanitary
sewer connections may be made
(2) ~e City may participate in the cost of any oversize
lines required to serve land areas and improvements
beyond the subdivision and the terms of such partici-
pation will be determined by the City Council at the
time of the approval of the final plat Any main
exceeding 6 inches in diameter is deemed to be over-
sized for purposes of this subsection
(3) The charges provided by the above subsection shall
be in addition to the usual tapping charges and any
other charges provided by the or~lnances of the
City of Denton, Texas
(4) The intent and purpose of this Article is to provide
an equitable charge for water and sanitary sewer
connections as a proportionate distribution of the
cost of water and sanitary sewer main extensions
to serve property within the jurisdiction of the
City of Denton 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 inequitable
basis as between it and other tracts of land, then,
in that event, the City Manager shall determine the
proper charge in accord with the intent and purpose
of this Article No person shall acquire any vested
right under the terms and provisions of this Article
(5) None of the provisions of this Article shall inter-
fere with or alter any of the rules or regulations
affecting the re-subdividing or re-plattIng of land
within the jurisdiction of the City of Denton, Texas
SECTION II.
T~at all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are inconsistent
or in conflict with the terms or provisions contained in th~s
ordinance are hereby repealed to the extent of any such conflict
SECTION III
That 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 such invalidity
SECTION IV
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 wlthln ten (10) days of the
date of 1ts passage J3~da
PASSED AND APPROVED this y of , A D ,
1964
Warren Whltson, Jr , Mayor
C~ty of Denton, Texas
ATTEST
Brooks Holt, C~ty Secretary
City of Denton, Texas
APPROVED AS TO LEGAL FORM
/~ack Q Barton, City Attorney
/Clty of Denton, Texas