Ordinance 1993-07
ORDINANCE NO.
tJJ .-1
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 11
OF CHAPTER 11 OF THE WYLIE CITY CODE PERTAINING TO THE
ASSESSMENT, COLLECTION, AND DISTRIBUTION OF PRO-RATA CHARGES FOR
WATER AND SANITARY SEWER MAINS, REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City Council has receive an opinion for legal counsel that it is not clear
under the current provisions of Section 11, Chapter 11, of the Wylie City Code as to whether
the City may collect a pro-rata reimbursement from persons tying into water and sanitary sewer
mains which were constructed with City funds; and,
WHEREAS, the Council has detennined in its legislative discretion that the interest of the
City as a whole would be best served if persons tying into said mains were required to pay a fee
as a prerequisite to being connected; and,
WHEREAS, the City Council desires to change the existing Code provisions to reflect such
change;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Section 11.01 and Section 11.02 of Chapter 11 of the Wylie City Code be, and they
hereby are, amended by deleting the existing sections in their entirety and substituting the
following therefore:
"11.01 City Mains Subject to Pro-Rata Charges; Pro-Rata Fund
(a) All sanitary sewer collection mains and water distribution mains, whose construction is,
or was, funded ,in whole or in part, by the city including existing city facilities, shall be subject
to the pro-rata charges as detailed in this section and any person, firm, or entity desiring to be
connected into such city funded facility shall be required to pay such pro-rata charge to the city
as herein provided.
(b) All pro-rata charges shall be paid to the city and placed into a separate fund to be known
as the " pro-rata fund". The appropriation and dispersal of the monies ,paid for the city funded
ORDINANCE NO.
?J-l
PAGE TWO
facilities, in this "pro-rata fund" shall be part of the city's budget process. The monies paid for
the benefit of anyone other than the city shall be held and distributed in accordance with section
11.06.
11.02 Pro Rata Charges
(a) Whenever a pro rata charges applies under the provision of this section it shall be determined
as follows:
(1) An amount equal to 50% of the total cost for the installation of the water or sanitary
sewer main at the time the main was constructed, as detennined by the city engineer, shall be
established. The cost assessment is to be determined from existing cost records maintained by
the City with the total cost (construction, engineering, and inspection) distributed for the total
length of the project on a linear footage basis and the total service area on an acreage basis.
Front foot cost is defined as the total cost of the project divided by the total length of the main
extension (e.g. $100,000 divided by 1,000 L.F. = $1O/L.F.) Acreage cost is defined as the
total cost of the project divided by the service area of the main extension (e.g. $100,000 divided
by 100 acreage). In no instance shall the front foot cost be less than $7.50 per front foot nor
shall the acreage cost be less than $500.00 per acre.
The front foot cost and the acreage cost so determined shall then be applied to area in
question and the greater of the front foot or the acreage amount shall be the pro rata charge
assessed and payable.
(2) All single family residential lots, areas or tracts of land located at a standard right angle
street intersection shall only be charged a pro-rata on the shortest street frontage, regardless of
the location of the water main or sanitary sewer main or based upon the total acreage of the lots,
areas or tracts of land, whichever is greater.
(3 Where lots or tracts are intended to be used for apartments, business, commercial or
industrial purposes, then the pro-rata herein provided shall be paid on the frontage for each
corner of the property abutting a street intersection or based upon the total acreage of the lots
or tracts. whichever is greater.
(4) On lots, area, or tracts of land which extend through from one street to another, with
frontage on both streets, and when the average distance of the property lines connecting the street
lines in 225 feet or more, then pro-rata shall be charged on both frontages or for the total
acreage, which ever is greater. "
tfJ -1
PAGE THREE
ORDINANCE NO.
SECTION II
The changes herein enacted shall be effective for all connections occurring after the effective
date of this ordinance.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
11.01 City Mains Subject to Pro-Rata Charges; Pro-Rata Fund
(a) All sanitary sewer collection mains and water distribution
mains, whose construction:$~i## was,.. fundedZ$#::Wfi(),;@(##:im:'p~l:'#l
by the ci tYj:l.I1qt#gl#Wj.aiel'l~-w!:~ft existing city facilities, shall
be subject to the pro-rata charges as detailed in this section ~I1CJ:
~1~1~'~iifi\lf~~r~~~I~~i\"~]'~llfL'::i:!i~~~1Ii~1~~\\,!>r~114~:~~i
t:;fj:~)@:l.#Y)~$::n~*~W:l.W::P#9*$)~~c:.t .
(b) All ~1:!l'ld!!-dep~~-~~~~-due--'bhe--ei."t.,.)p#pP
*~#~>g}l;~#j~$::$li~t+:p~f:p~tg)J;A):#h~)@:l.ti()~i@/:placed into a separate
fund to be known as the "~fte--e:t~Y pro-rata fund". The
appropriation and dispersal of the monies~p~:l.g)~Q.t:::tn~>#:i@;y):t)#.ri~~~
~~q:l.tt#$~$J in this "pro-rata fund" shall be part of the city's
budget process. The monies paid for the benefit of anyone other
than the city shall be held and distributed in accordance with
section 11.06.
11.02 Pro Rata Charges
(a)EK:t!!~:tI'l~-ma!:"!!-aa;aeel'l~-~e-~~e~e~~y-e~fte~-~fta"-!!1:!5d~v~!!!:eI'l5T
-----t%tWfte~e-~arcar-re~-~-~~~-ial'ld-~~-ex:t!!~~I'l~
wa~er~p~~ -.sewer-'!Mt'!:ft;-al'la-wfteft~ wat-cr ~~afi-i-t.a1.P,.-!!ewer
ma~I'l-!!'~&fte'~~-f~M-~fte-&l!"e&'i-~~"tfl!'e't-M-iaftd'7
~fte-~:rl:-ew~~~~.II~e-P&~elL~l:-l:--be--mede-a~a-ifi~-t.-~fte
eWl'ler-M-"t-fte- area ,--~~p-~~ae~-M--i~ sce]tinq--e--ee-"':rtee-e.ie-",-~e
wa~er-e~-!!al'l!:~ary-!!ewe~-ma~I'lT
~~I~~~~i~~~h~r&.fjl~I:I~I:"::~~~:~m~.~~#):#~#~):P#9Y:$~$9#)ptn:#h$$
......., ......................................................................".............................................
... ............. . ....................................... . ..
(1) i#:::::)i:E1119@t:;::)::Ifffijij;r~i~?))#~ 50% of the total cost for the
installation of the water or sanitary sewer main at the time the
main was constructed, as determined by the city engineer, $bal1I~~bi
~$:1#lp:t$$b~g@'75a5ea-tl~!'l--t.fte-~~at~~~~-~-lftef.~.:;,a.ft.d:
~fte-aerea~e-me-t.fted~ The cost assessment is to be determined from
existing cost records maintained by the City with the total cost
(construction, engineering, and inspection) distributed for the
total length of the project on a linear footage basis and the total
service area on an acreage basis. Front foot cost is defined as
the total cost of the project divided by the total length of the
main extension (1:TeT~>g@ $100,000 divided by 1,000 L.F. = $10/L.F.)
.Acreage cost is defined as the total cost of the project divided
by the service area of the main extension (1:TeTf,1.5iH $100,000
divided by 100 acreage). In no instance shall the front foot cost
be less than $7.50 per front foot nor shall the acreage cost be
less than $500.00 per acre.
1I111.1I1.1IIrdlllriilI11'jI'JII
~ffi:lp~Y~M@
(2) All single family residential lots, areas or tracts of
land located at a standard right angle street intersection shall
only be charged a pro-rata on the shortest street frontage,
regardless of the location of the water main or sanitary sewer main
or based upon the total acreage of the lots, areas or tracts of
land, whichever is greater.
(3 Where lots or tracts are intended to be used for
apartments, business, commercial or industrial purposes, then the
pro-rata herein provided shall be paid on the frontage for each
corner of the property abutting a street intersection or based upon
the total acreage of the lots or tracts. whichever is greater.
(4) On lots, area, or tracts of land which extend through
from one street to another, with frontage on both streets, and when
the average distance of the property lines connecting the street
lines in 225 feet or more, then pro-rata shall be charged on both
frontages or for the total acreage, which ever is greater. wftel'l-~fte
eWl'ler-~~~~ftftee~~ft-~e-~~~~~~-wa~er-~~~-Saft!:~8ry
sewer-lIlai-l'l-:-
All other subsections of section 11.00 would remain the same.
Many of the other Subsections state that the fees is determined to
be in accordance with 11.02(a)(I) which is now says very simply if
there is a pro rata charge here's how its calculated.
ORDINANCE NO.
917,1
PAGE THREE
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of February, 1993.
,.
ATIEST: '14 fhy/1tk4/
Mary Nich s
City Secretary .