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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