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Ordinance 1990-09 ORDINANCE NO. '/t1 - 9 , , AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REQUIRING CONNECTION TO A SANITARY SEWER MAIN OF ALL OWNERS AND OCCUPANTS OF BUILDINGS WITHIN FIVE HUNDRED (500) FEET OF SUCH MAIN; REQUIRING CONNECTION TO BE MADE WITHIN NINETY (90) DAYS AFTER HAVING BEEN NOTIFIED THAT SUCH SANITARY SEWER SERVICE IS AVAILABLE; AUTHORIZING DISCONNECTION OF WATER SERVICE UPON FAILURE TO CONNECT TO SANITARY SEWER SERVICE; PROVIDING FOR THE REPLACEMENT OF A SANITATION SEWER LATERAL THAT SERVES A RESIDENTIAL STRUCTURE ON PRIVATE PROPERTY TO CONNECT THE LATERAL TO THE NEW SANITATION MAIN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DaLLA RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are areas in the City to which sanitary sewer service is available to which abutting property owners have not connected; and WHEREAS, the City has been mandated by the Texas Water Commission to eliminate the mobile sewage collection system; and WHEREAS, it is in the interest of the public health, safety and general welfare that all properties within the City to which sanitary sewer service is reasonably available should be required to connect thereto within a reasonable time; and WHEREAS, the City Council recognizes that some property owners will suffer a severe financial impact if required to extend lateral lines and connect to the sanitary sewer system in view of current fee requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. All owners and occupants of buildings situated in any section of the City where sanitary sewers now exist or where they may hereafter exist within a distance of five hundred (500) feet of any such building are hereby required to connect the same with the City sanitary sewer main; and such connection shall be made in accordance with the requirements of all applicable ordinances of the City. SECTION 2. It shall be the duty of the City Secretary to notify the owner or occupant of every building situated where there has been laid a sanitary sewer main within five hundred (s 00) feet of such building to make a sanitary sewer connection with the City sanitary sewer within ninety (90) days after having been so notified by the City Secretary; and any such owner or occupant of any building so situated who shall fail to make such connection with the City sanitary sewer system shall have any City water service to such building disconnected, and shall be guilty of a misdemeanor and subject to the fine provided herein. SECTION 3. Contract for Replacement of Sanitation Sewer Lateral. A. The City may contract for the replacement of a sanitation sewer lateral on a septic system that serves a residential structure on private property in order to connect the lateral to a new, renovated, or rebuilt sanitation main constructed by the City. The City shall assess the cost of the replacement of the lateral against the property on which the lateral is located. A lien attaches to the property for the cost of the replacement. B. Before a contract may be entered into, the City must obtain the property owner's written consent to the contract for replacement and to the assessment. The written contract must state that the person giving the consent is the property owner or the authorized representative of the property owner, must state the owner's address, and must state that the consent is freely given, that the owner understands that as a result of the assessment, a lien attaches to the property for the total cost of the replacement, that the City will not pay any part of the replacement cost, and that the owner has five (5) years from the date the work is completed to repay the cost to the City. C. Before the contract is entered into but after the City has received bids or a cost estimate for the work, the City must give notice to the property owner as to the cost or price accepted by the City for completion of the work, and that contract price may not be increased by more than ten percent (10%) because of changes without the written consent of the owner. The notice shall be given to the owner by personal delivery or by depositing the notice in the mail, postage prepaid, to the owner at the address in the owner's written consent. D. The City shall contract for the performance of the work or shall perform the work with City forces. E. Unless the owner waives the right to reject the contract as provided below on or before the forty-fifth (45th) day after the date of notice, the owner may reject the contract by notifying the City Secretary of the withdrawal of consent. If the owner withdraws consent, he shall be required to make the connection himself under the provisions of this ordinance. If the owner fails to withdraw the consent during the forty-five (45) day period, the City may perform or contract for the performance of the work, the work may proceed, and the assessment may be made without further consent by the owner. After such forty-five (45) day period, the owner may not withdraw the consent. F. The owner may waive the right to reject the contract by filing a sworn affidavit to that effect with the City Secretary. After the affidavit is filed, the City may contract for or perform the work, the work may proceed, and the assessment may be made without further consent by the owner. G. When the work has been completed and accepted, the City may pay the contractor the cost of the completed work. H. When payment is made, the City shall issue a certificate certifying the work has been completed and that payment has been made for costs expended under the contract. The City shall file the certificate with the county clerk of the county in which the property is located and shall deliver a copy of the certificate to the property owner. I. The property owner, within five (5) years after the date of issuance of the certificate, must pay the City the amount that the City paid for the completed work as evidenced by the certificate, plus simple interest in an amount not to exceed k/1 f)/l.ce//I- (/0 %) per year. The contract shall specify the payment terms, and on payment of the principal amount and all accrued interest, the City shall issue a release of the assessment and lien which may be filed of record as provided by law. J. If the property owner does not pay the assessment during the five (5) year period as provided by the contract, the City may declare the contract in default and enforce the lien on the property in the same manner in which it is authorized by law to enforce the lien for a paving or other assessment. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of (~J ttd- · 1990. Wylie, Texas, on the ./~ day of APPROVED: '---j /,..... /; ~ ~~A.- ~ MAY RO TEM ATTEST: / \jPPROVED AS10~~ CITY ATTORNEY R L D/ sb 7/2/90 ORDINANCE NO. ,'Lai 7 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REQUIRING CONNECTION TO A SANITARY SEWER MAIN OF ALL OWNERS AND OCCUPANTS OF BUILDINGS WITHIN FIVE HUNDRED (500) FEET OF SUCH MAIN; REQUIRING CONNECTION TO BE MADE WITHIN NINETY (90) DAYS AFTER HAVING BEEN NOTIFIED THAT SUCH SANITARY SEWER SERVICE IS AVAILABLE; AUTHORIZING DISCONNECTION OF WATER SERVICE UPON FAILURE TO CONNECT TO SANITARY SEWER SERVICE; PROVIDING FOR THE REPLACEMENT OF A SANITATION SEWER LATERAL THAT SERVES A RESIDENTIAL STRUCTURE ON PRIVATE PROPERTY TO CONNECT THE LATERAL TO THE NEW SANITATION MAIN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Wylie, Texas, on the /Y day of .r_,,/ Cr,: 1990. t APPROVED: ,4,�\\, o,� �t�����a n� tnnrn nenio (n ..„„„,„,,e---7.-- .......___,c: V MAYO RO TEM ATTEST: y Y' S A RY 7 THE WYLIE NEWS P. O. BOX 369 WYLIE, TEXAS 75098 STATE OF TEXAS 0 COUNTY OF COLLIN 0 Before me, the undersigned authority, on this day personally appeared Truett Smith, of the Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas who being by me duly sworn deposed and says that the forgoing attached City of Wylie T Ordinance No. 90 9 was published in said newspaper on the following dates to wit: August 22 ,1990 and ,1990. Subscribed and sworn to before me this the day of `,l..�f ,1990 to certify which witness my hand and seal of o ice. Margaret Cook- Notary Public in and for the State of Texas My Commission expires 9 -12 -93 Serving Wideawake Wylie Since 1947 Page 6 8soliss A THE WYLIE NEWS Why. August 22. 1990 ORDINANCE NO. 90-9 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REQUIRING CONNEC- TION TO A SANITARY SEWER MAIN OF ALL OWNERS AND OC- CUPANTS OF BUILDINGS WITHIN FIVE HUNDRED (500) FEET OF SUCH MAIN; REQUIRING CON- NECTION TO BE MADE WITHIN NINETY (90) DAYS AFTER HAVING BEEN NOTIFIED THAT SUCH SANITARY SEWER SERVICE IS AVAILABLE; AUTHORIZING DISCON- NECTION OF WATER SERVICE UPON FAILURE TO CONNECT TO SANITARY SEWER SER- VICE; PROVIDING FOR THE REPLACEMENT OF A SANITATION SEWER LATERAL THAT SERVES A RESIDENTIAL STRUC- TURE ON PRIVATE PRO- PERTY TO CONNECT _THE LATERAL. To THE NEW. SANITATION MAIN; PRO VIDING FOR THE REPEAL OF ALL OR- DINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFEC- TIVE DATE. DULY PASSED by the City Council of the City of Wylie, Texas, on the 14 day of August, 1990. APPROVED: Don Hughes MAYOR PRO TEM ATTEST: Carolyn Jones, CITY SECRETARY 11 -1t -c. THE WYLIE NEWS P. 0. BOX 369 WYLIE, TEXAS 750911 STATE OF TEXAS COUNTY OF COLLIN 0 Before me, the undersigned authority, on this day personally appeared Truett Smith, of the Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation fin Collin County, Texas, who being by me duly sworn deposed and says that the forgoing attached .1:# i f :II I 0 no was published in said newspaper on the following dates to wit: June 5 ,1991 and ,1991 r Subscribed and sworn to before me this the day of ,1991 to certify which witness my hand and s of office. Marg. A Cook Notary Public In and for the State of Texas My Commission expires 9 -12 -93 Serving Wideawake Wylie Since 1947 Wednesday, June 5, 1991 THE WYLIE NEWS Section A Page 11 PUBLIC NOTICE Wylie have 90 days from date of this notice to construct a City ordinance #90 -9 adopted service line to an existing by the Wylie City Council on sewer main if the property is August 14, 1990 requires all within 500 feet of newly con property owners within 500 structed sewer mains. All feet of a City sewer main to construction expense for the connect on to the sewer main. sewer line to the main must All property owners have 90 be paid for by the property days after notification that owner and all work must be sanitary sewer service is now approved by the City available and that all proper- Engineer including plans and ty owners must connect on to specifications. For more in- the sewer main in order to formation on this subject eliminate potential health please contact the City problems. The Texas Water Engineer at City Hall at Commission is requiring the 442 -2236. City of Wylie to eliminate all pump and haul operations of Bill Dashner septic systems, therefore, all City Manager property owners within the city limits of the City of 52 -1t -c.