Ordinance 1990-05
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
REPEALING ORDINANCE NO. 78-6 IN ITS
ENTIRETY AND ENACTING A NEW ORDINANCE;
PROVIDING FOR A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1.00 That Ordinance No.
entirety herewith.
78-6 be repealed in its
SECTION 2.00 Main Extensions - City
All sanitary sewer collection mains and
distribution mains, whose construction was funded
City along with existing City owned facilities,
subject to the pro-rata charges as detailed
ordinance.
water
by the
shall be
in this
All funds derived from pro-rata payments due the City
for the above described facilities, shall be placed into a
separate fund to be known as "The City Pro-Rata Fund". The
appropriation and dispersal of the monies in this "Pro-Rata
Fund" shall be part of the City's budget process.
SECTION 2.01 Pro Rata Charges.
1.
Existing mains
subdivisions.
adjacent to
property other
than
A. Where an area, lot or tract of land abuts any
existing water or sanitary sewer main, and when
such water or sanitary sewer main spans the
complete frontage of the area, lot or tract of
land, the the following charges, known as "pro
rata" shall be made against the owner of the area,
lot or tract of land seeking a connection to the
water or sanitary sewer main.
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, based upon the greater amount determined
by the front foot method and the acreage method.
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
<i.e. $100,000 divided by 1000 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 (i.e. $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.
B. 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
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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.
C. 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.
D. On lots, areas 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 is
255 feet or more, then pro rata shall be charged
on both frontages or for the total acreage,
whichever is greater, when the owner seeks a
connection to an existing water main or sanitary
sewer main.
SECTION 2.02 Main Extensions - Individual Property Owners.
1. Single family residential.
A. Upon request of the owner, or his agent, also
referred to in this section as the applicant, on a
given lot, the City shall extend, lay or construct
all necessary water mains and sanitary sewer lines
and their appurtenances the distance across the
frontage necessary to provide the service for
which the application is made, providing the
necessary funds are available. The property owner
to be served shall be required to pay the charges
provided for in Section 2.01, Paragraph lA, at
such time as their property is connected to such
mains. Where an applicant secures an extension and
service under this particular option for main
extension, he shall pay the pro rata charges on
all property owned by him and which is served by
the extension requested. The required extension of
main shall be figured in such a manner as to leave
out of the calculations that portion of any main
adjacent to property already having other than a
temporary water service, and for which the pro
rata charges thereon have been paid or credited
under the terms of this section.
B. In the event that the property seeking a water or
sewer connection is not directly adjacent to an
existing main, then the applicant shall extend the
said water main or sanitary sewer line from the
nearest standard size existing water main or
sanitary sewer line as determined by the
Engineering Department. The extension shall be
constructed by the City at the owner's expense and
shall be extended across the complete frontage of
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said area, lot or tract of land seeking the
connection when said main extension is located in
a street right of way, al ley or existing easement.
If an additional easement is necessary to extend
the water main or sanitary sewer line across the
said lot, area or tract of land, then the owner of
the property seeking a connection shal I provide
the City with an easement as required by the
Engineering Department. The owners of all
intervening property served by the given main
extension shall be required to pay the pro rata
charges as established in Section 2.01, Paragraph
lA, at such time as their property is connected to
such main.
2.
Business, industrial, commercial, apartment
property other than single family residential.
and
A. When the owner of an area, lot or tract of land
zoned other than single family residential seeks a
water or sewer connection and no standard size
water mains or sanitary sewer mains are adjacent
to, upon, or span the complete frontage or
distance required across the front of said area,
lot or tract of land, the owner shall extend the
said water main or sanitary sewer main from the
nearest standard size existing main as determined
by the Engineering Department. The extension shall
be constructed by the owner's contractor, at the
owner's expense, and shall be extended across the
complete frontage of said area, lot or tract of
land when said main extension is located in a
street right of way, alley or an existing
easement. If an additional easement is necessary
to extend the water main or sanitary sewer main
across the said lot, area or tract of land, then
the owner of the property seeking a connection
shal I provide the City with an easement as
required by the Engineering Department.
B. The Engineering Department shall determine the
size of the required main extension in accordance
with the City's Comprehensive Water and Sewer
Plans and shall also determine the location of all
necessary appurtenances such as fire hydrants,
valves, manholes, cleanouts, and other items which
may be necessary for proper operation and use of
said water or sewer installation.
C. All proposed water and sanitary sewer
installations to be installed by the applicant's
contractor shall be designed by a professional
Civil Engineer, registered in the State of Texas,
and the said engineer shall submit to the
Engineering Department three copies of the
complete engineering plans for said water or sewer
improvements. The Engineering Department shall
review the plans and specifications and, if
approved, the Engineering Department shal I mark
them approved and return one set to the
applicant's engineer. If not approved, one set of
the engineering plans shall be marked with the
objections noted and returned to the applicant's
engineer for correction. The same procedure shall
be followed until the engineering plans are
approved. After approval of the engineering plans
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and specifications, the applicant shall cause his
contractor to install the water or sewer
facilities in accordance with the approved
engineering plans and specifications and these
regulations. The appl icant shall cause his
engineer to design, stake, and supervise the
construction of such improvements and shall cause
his contractor to construct the said improvements
in accordance with these regulations. The City
will inspect the installation of the improvements.
When found to be instal led in accordance with the
plans and specifications, and after the
improvements have been completed and upon receipt
by the City of Wylie of a one-year maintenance
bond in the amount of 10% of the contract price,
along with one set of "As Built" plans, and upon
receipt of a certified letter of the contractor's
compliance with these regulations, the Engineering
Department shall forward to the City Council to
receive and approve the title, use and normal
maintenance of the improvements, subject to the
provisions of the maintenance bond.
D. When said main installations have been accepted by
the City in accordance with the criteria stated in
Section 2.02 (2) A,B, & C, the City may agree to
refund to the applicant any pro rata collected
from other parties, firms, or corporations seeking
a connection to the said water main or sanitary
sewer main instal led by said applicant. The pro
rata shal I be collected at the rates established
in Section 2.01, Paragraph lA of this ordinance
E. Where extension is requested by an industry or
commercial concern using large quantities of
water, such extension may be made at the
discretion of the City Council, provided 40% of
the estimated annual revenue for such customer
will support interest and principal payments on
the total cost of the extension required to serve.
F. In lieu of the procedures in Sections 2.02 (2)
A,B,C & D, the City Council may consider and
determine the necessity for the extension and
construction of water and/or sanitary sewer main
improvements by providing for the payment of a
part of the cost of such improvements by
assessments to be made against the benefited
property and the owners thereof under the terms
and provisions of Article 1110c, V.T.C.S. as
amended, and as may hereafter be amended.
SECTION 2.03 Main Extensions - Developers and Subdividers.
1.
On-Site Extensions,
developed.
totally within property
to be
A. A developer shall defray the entire cost of water
and sewer mains and all appurtenances that lie
totally within a subdivision, except that the City
of Wylie will refund the oversize cost as
established in Section 2.04 of any main larger
than 12 inches in diameter, unless such larger
size is necessary to serve the developer's
property in question. Size of mains necessary for
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adequate service shall be determined by the
Engineering Department in accordance with the
City's Comprehensive Water and Sewer Plans.
Refunds for oversize cost will be made upon final
acceptance of the system by the City, providing
the funds are available.
2. Along-Site Mains, lying along one or more sides of a
subdivided tract and serving property other than the
subdivision for which the extensions are made.
A. For all water and sanitary sewer mains, the
developer wil I be refunded any collected pro rata
in accordance with Section 2.01, Paragraph lA of
this ordinance, as adjacent property develops.
B. For water and sanitary sewer mains larger than 12
inches in diameter, the developer wil I be refunded
the oversize cost as established in Section 2.04
and as adjacent property develops, the developer
will be refunded any collected pro rata as
established in Section 2.01, Paragraph lA of this
ordinance.
C. Where along-site mains exist, the developer shall
pay to the City of Wylie, a pro rata in the amount
as established in Section 2.01, Paragraph lA of
this ordinance, and said pro rata payments shall
be paid before any building permits are issued for
any lot, area or parcel of land situated inside
the boundaries of said subdivision.
3.
Off-Site Extensions,
developed.
totally outside of property to be
A. Off-site water and sewer facilities shall be
constructed by private contract at the developer's
expense in accordance with the City of Wylie
Subdivision Regulations and al I construction
standards and specifications adopted by the Wylie
City Council.
B. Pro rata collections and refunds shall be made in
the fol lowing manner:
Water mains - As property adjacent to said water
main installation develops and pays all due pro
rata in accordance with Section 2.01, Paragraph lA
of this ordinance, then all pro rata collected by
the City shall be refunded to the developer or
investor who caused said water installation to be
instal led.
Sanitary Sewer Mains - As property adjacent to the
sanitary sewer main installation develops and
connects to said sanitary sewer installation and
pays al I due pro rata in accordance with Section
2.01, Paragraph lA of this ordinance, then all pro
rata collected by the City shall be refunded to
the developer or investor who caused said sanitary
sewer installation to be installed. As other
property not adjacent to said sanitary sewer
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installation develops and connects to or produces
a flow of sewage, either directly or indirectly,
through the said sanitary sewer installation, a
sanitary sewer acreage pro rata in the amount
determined by the acreage method shall be
collected from said property by the City and shall
be refunded to the developer or investor who
caused such sanitary sewer installation to be
installed. In the event where a single sanitary
sewer line has been developed and constructed in
more than one section and where more than one
developer or investor is involved, then all
acreage pro rata collected from property not
adjacent to said sanitary sewer installation shall
be refunded to the developer or investor who
caused the initial section of said sanitary sewer
facilities to be installed. At such time when the
initial installation has been retired, then all
collected pro rata shall be refunded to the
developer or investor who caused the installation
of said second section. This same procedure shall
be followed with any number of developers or
investors who caused said sanitary sewer line to
be instal led.
C. Pro rata charges for service outside the corporate
limits of the City of Wylie shall be determined
and set forth in a specific agreement with the
municipality or other governmental entity.
4. Mains in place within the property to be developed.
A. Should an existing water main or sanitary sewer
main lie in a street, alley or easement within a
tract of land to be subdivided and developed for
resale, before extensions from or connections to
such line shal I be made by a developer, he shall
pay to the City of Wylie the following pro rata:
The greater of two (2) times
foot cost or the acreage
accordance with Section 2.01.
the front
cost in
Should such
subdivision and
the pro rata
accordance with
mains lie along
serve one side only,
shall be assessed
Section 2.01.
the
then
in
SECTION 2.04 Determination of City Participation in
Oversize Cost.
For water and sanitary sewer mains larger than 12
inches in size required by the City to be installed by
a developer, the developer will be refunded the
difference between the cost of such larger mains and
the cost of a 12 inch main, or such larger size as may
be necessary to serve the subdivision or development
for which extensions are required. To determine this
difference in costs generally, actual bid prices shall
be used subject to city's review for reasonableness.
Refunds, subject to the availability of funds, will be
made upon acceptance of the main by the City.
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SECTION 2.05 Refunding Procedure.
All refunds provided for in this ordinance shall
be made at six month intervals (June 30 and December
31) of each year, and shall include funds then accrued
to the credit of the developers and others. A refund
contract entered into by any property owner and the
City of Wylie under the provisions of this ordinance
shal I be effective only for a period of ten (10) years
after the date of acceptance. No refunds will be made
by the City of Wylie to any applicant or contracting
party after this ten year period has expired, nor shall
the City of Wylie ever be liable for payment of
interest on any deposits or refunds provided for
herein. Nor any refunds provided by this ordinance
shall exceed 100% of the initial cost of the project.
SECTION 3.00 When the City accepts a line and the Statute
of Limitations for Pro-Rata Reimbursement has expired,
then al I funds due hereunder shall be used to reduce
the City's bonded indebtedness for distribution and
collection systems.
SECTION 4.00 That it is the intent of the City Council that
each article, section, paragraph, sentence, phrase, and
word of this ordinance be considered severable; and
that in the event any such above-named provision of
this ordinance be declared unconstitutional or unlawful
for any reason, those words, phrases, sentences,
paragraphs, sections, and articles left remaining shall
be considered as though enacted independently of such
unlawful or unconstitutional provisions.
SECTION 5.00 That the fees and charges established herein
shall become effective March 13, 1990.
SECTION 6.00 That the present ordinances of the City of
Wylie are inadequate to provide guidelines for
currently viable economic reimbursements and revenues
to the extent that such inequities constitute an
impediment to the orderly development of the City, and
thereby creates an urgency and emergency in the
interest of the public health, safety, and welfare, and
makes essential that this ordinance shall take effect
immediately from and after its date of passage.
ATTEST:
.1 of the City of
1990.
DULY PASSED AND APPROVED by the City
Wylie, Texas. on this the 13th day of
CHUCK TRIMBLE
MAYOR
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APPROVED AS TO FORM:
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Rob Dillard
City Attorney
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