Ordinance 1962-09
ORDINANCE NO. 62-9
PREAMBLE
AN ORDINANCE OF THE CITY REGULATING THE INSTALLATION OF
WATER AND SEWER MAIN EXTENSIONS, PROVIDING FOR PRO RATA
CHARGES, PROVIDING FOR REFUNDS, PROVIDING AN AL TERNA TIVE
METHOD FOR EXTENDING WATER AND SEWER MAINS, ME THOD OF
ENFORCING PAYMENT OF PRO RATA CHARGES, PROVIDING THE
EFFECTIVE DATE OF THE ORDINANCE, AND PROVIDING A SEVERA-
BILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.
Section 1. Definitions
All words used in this Ordinance shall carry their customary meanings
except where specifically defined herein:
Consumer: The actual user of water from a city water or sanitary sewer
connection.
City: City as used in this ordinance shall mean the City of Wylie, Texas.
Frontage: Frontage shall be determined by the side of the lot on which the
legal addres s is located.
Off-Site Main: Water and/ or sewer mains totally outside of a tract of land
to be subdivided and developed for resale.
On-Site Main: Water and! or sewer mains totally within or adjacent to a
tract of land to be subdivided and developed for resale.
Property Owners: The record title holder of premises served with water
from a connection by the City.
Pro Rata: A charge made against the consumer or property owner to pay
for the cost of installation or extension of water and sanitary sewer
mains as provided for in this Ordinance.
Standard Sewer Main: A sewer main 8" or larger as required by the area
served.
Standard Water Main: A water main 6" or more in diameter.
Substandard Sewer Main: A sewer main less than 8" in diameter.
Substandard Water Main: A water main less than 6" in diameter.
Temporary Service: Shall be construed to mean any water and! or sewer
service constructed to serve immediate needs of an applicant where
it would be impractical to extend standard water and! or sewer lines
on a pro rata basis. Full costs of such lines shall be borne by appli-
cant.
Water Department: The water department of the City of Wylie, Texas.
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Section 2. Pro Rata Charges
The waterworks department may extend water and sanitary sewer mains in
the streets and alleys, or easements, within the City Limits of the City in
order to permit connections by those persons desiring water and sanitary
sewer services. A charge, known as "Pro Rata", shall be made against
each lot or tract of land, and the owner thereof, whose water or sewer line
shall be hereafter connected with any water mains or sewer mains in the
City, and shall be charged the following rates, which rates are a portion
of the total cost of such water and sewer mains.
$1.80 per front foot of the lot or tract of land to which water
connection may be made.
$1.45 per front foot of the lot or tract of land to which sanitary
sewer connections may be made.
The above front foot rates shall apply to property fronting on a street in
areas platted into the usual rectangular lots or tracts of land, with a depth
not to exceed 150 feet. Where lots or tracts have greater depth than 150
feet from the front street line, and are occupied, or are to be occupied
exclusively as dwelling places, then the additional depth shall not be as-
sessed. If the property is later subdivided, requiring an extension of mains
to serve the same, then the terms of this ordinance shall govern. Where
lots or tracts are intended to be used for business, commercial or indus-
trial purposes, and have a depth greater than 150 feet from the front street
line, then the pro rata herein provided shall be paid on the frontage on all
streets which the property may abut, minus 150 feet frontage for each cor-
ner of the property abutting a street intersection. Should said property be
re-subdivided whereby water or sewer main extensions are required to
serve the same, the terms of this ordinance shall apply and additional pro
rata charges shall be made based on such additional street frontage. On
lots or tracts of land which extend through from one street to another, with
frontage on both streets, and where the distance between the street lines is
215 feet or more, then the pro rata charges herein provided for shall be
paid on both frontages when a connection is secured to the lot or tract.
Where lots or tracts of land are irregular in size or shape, then pro rata
charges shall be based upon equivalent rectangular lots or tracts using one
front foot for each 150 square feet of area, or the pro rata charges pro-
vided herein on average width of such tracts, whichever is smaller.
In addition to the pro rata charge on water and sewer mains, the property
owner must pay the tap charges as established by the City.
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Section 3. Extension of Water and Sewer Lines
Upon request of the owner, or his agent, of a given lot or tract of land, for
the purpose of this ordinance known as 11 Applicant", accompanied by the pay-
ment of the charges due under this ordinance, the City may extend all nec-
essary sanitary sewer and water mains, including valves and hydrants, a
distance of 100 feet, plus the distance across the frontage necessary to
provide the service for which application has been made. The applicant
to be served shall be required to pay the charges herein provided for. The
owners of all intervening property served by the given main extensions
shall be required to pay the charges provided for herein at such time as
their property is connected to the mains thus laid. Where an applicant
for service secured an extension under this particular option for main ex-
tention, he shall pay the pro rata charges on all property owned by him
and which is served by the requested extension. In applying the 100 foot
rule, the required extension of the main shall be figured in such a manner
as to leave out of the calculation that portion of any main adjacent to prop-
erty already having other than a temporary water or sewer service and
for which the pro rata charge thereon has been paid or credited under the
terms of this Ordinance.
An exception to the above 100 foot rule shall be made where two or more
individual applicants desire water and/ or sewer service and the nearest
applicant is more than 100 feet from the existing lines, the City will ex-
tend their mains upon payment of the charge due under this ordinance pro-
vided there is one customer for every 100 feet of such extension, excluding
street intersections and that portion of the extension adjacent to property
already having other than temporary water and/ or sewer service.
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WATER AND SEWER CONNECTION CHARGES
A. General.
The City shall install and maintain all house laterals from the City
sewer mains to the nearest property or easement line and all water
service connections from the City water main to the nearest property
line or easement line, provided the City will not be responsible for
the flow in house sewer laterals. The City shall charge for the in-
stallation and maintenance of such sewer house laterals and water
services a sum sufficient to cover the average cost thereof, which
shall be charged at and on the following rates or basis:
I. House Sewer Lateral Connection Charge
(a) For sewers located in alleys or easements
(b) For sewers located in streets
$30.00
$40.00
(Provided that the City may at its discretion permit such connections
to be made by a private plumber in which case the owner will pay
such plumber for all such work done and will pay to the City in lieu
of the above charges a $5.00 inspection fee only).
2. Sewer Laterals for Commercial, Industrial or Retail Establish-
ments
For sewers located in streets, alleys or easements - Total cost
of material
and labor.
(Provided that the City may at its discretion permit such connections
to be made by a private plumber, in which case the owner will pay
such plumber for all such work done and will pay to the City in lieu
of the above charges a $5.00 inspection fee only).
3. Water Service Connection Charge - Residential
(a)
(b)
(c)
For 3/4" copper service
For 1" copper service
For larger than 1'1 copper service -
$50.00
$60.00
Total cost of material
and labor.
4. Water Service Connection Charge - Commercial, Industrial or
Retail Establishrr.ents
For 3/4" or larger copper services - Total cost of material
and labor.
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Section 4. Alternate Method
At the option of the City, the following method for extending water and sewer
mains may be used where the applicant's property is more than 100 feet
from an existing water or sewer main. This method shall be available for
use by any applicant to secure water and sewer service for the individual's
residence or place of business. Where eligible for this option, the owner
may advance and pay into the City the entire pro rata cost as set forth in
this Ordinance, as follows:
$1 .80 per front foot for water extensions, and $1.45 per front foot
for sewer extensions on all property served by the desired main ex-
tension, and the City, when said money has been actually deposited
with the City, will construct the said desired water or sewer main
along the street, alley or easement. When any property for which
such person has advanced the pro rata cost is connected to the said
main extension, then, in that event, the pro rata cost so advanced
on that particular .property shall be refunded by the City to the per-
son making the original deposit. Where an extension is requested
by an industry or commercial concern using large quantities of water
and cannot meet the requirements of one customer per 100 feet of
extension, such extension may be made at the discretion of the
Governing Body of the City provided 40% of the estimated annual
revenue from such customer will support interest and principal
payments on a ten year loan covering the cost of such extension,
said loan bearing interest at the rate of 6% per annum.
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Section 5. Extension of Water and Sewer Lines to Subdivisions
and Within Subdivisions
A. Extensions to Subdivisions.
Where extensions of water and sewer mains are required to serve
property which has been subdivided or platted for development and
resale, whether off-site or on-site mains. approach mains fronting
on property not owned by the developer but required and necessary
to connect property to be developed the costs shall be borne solely
by the developer. The sizes of all aforementioned main.s, whether
standard or oversize shall be determined by the City. Refunds
for main extens ions to be as follows:
1. Standard Mains: Upon approval and acceptance of the system by
the City, the City--
a. will refund to the original depositor pro rata charges
received from applicants who desire to tie into the line.
2. Oversize Mains: Upon approval and acceptance of the system
by the City, the City--
a. will refund difference in cost of 6" water or 8" s ewer lines
and the oversized main.
b. will refund to the original depositor pro rata charges re-
ceived from applicants who desire to tie into the line.
B. Oversize Mains Within Subdivisions.
Developers of such property will defray the entire costs of water and
sewer services within their subdivision except the City will refund
any oversize cost of water and sewer lines inside such subdivided
area larger than 6" water and 811 sewer, unless such larger size is
required to serve the subdivision in question. Adequate size of such
water and sewer lines shall be determined by the City and its de-
cis ion will be final.
Upon approval by the City, a developer of an addition or plat shall
design and prepare construction plans of water and sanitary sewer
facilities, or either of them, to serve the subdivision, including any
access or off-site facilities that may be required. These plans shall
conform in all details to the City's standards as to the design, grade,
location, size and quality of materials and construction.
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Plans and profiles submitted by the developer IS engineer shall be
inked on sheets of tracing linen. Plans and profiles shall be shown
at scales of not less than one inch to one hundred feet horizontal,
and one inch to six feet vertical. Plans and profiles shall show
clearly all surface improvements, all existing or proposed sub-
surface utility lines and obstructions, and street and alley grades
as approved by the water department. The engineer submitting the
plans and profiles must be a registered professional civil engineer
in the State of Texas, and he must affix his seal and signature to
the tracings of all plans and profiles. The completed tracings for
water and sewer plans and profiles shall be submitted to the water
department for approval, accompanied by two copies of the plans
and profiles of the storm sewers and street grades as approved
by the water department and one copy of the plat of the addition
that has been recorded in the records of the County of Collin and
has been so stamped. Upon final approval, the tracings will be
returned to the developer's engineer for the purpose of making
such prints as he may require, after which the tracings shall be
returned to become the permanent property of the City.
When the project is ready for construction, line and grade stc....l(es
will be set by the developer IS engineer; but these stakes will not
be set until after the developer's engineer has properly staked on
the ground with iron pins all points of curves, all points of tangency,
all block corners, and all lot corners within the subdivision. All
construction and installation of water and sewer mains shall be
supervised by an inspector of the City.
Upon approval of the plans by the City, the developer may enter
into a contract with any individual or may himself construct the
system as so planned; provided, however, that the construction
and installation of the water lines and sewer lines or either of them,
shall be supervised by an inspector of the City, to see that the in-
stallation is made in accordance with the plans and the City's
specifications.
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No installation of water or sewer mains shall be made at any other
location except the dedicated street, alley, or an easement running
in favor of the City, which shall be filed of record by the owner of
said addition. Any such installation when made shall become the
property of the City, free and clear of all encumbrances, and any
contract entered into between the developer and a contractor shall
provide for a performance bond such as the City uses in its standard
specifications and contract documents. In the event the developer
makes the installation himself, then he shall execute a performance
bond in favor of the City in the same form and conditioned in the same
manner as provided for in the standard contract documents used by
the City in the making of water and sanitary sewer installations.
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Section 7. No Funds Available
In no event may the City be required to make extensions under the pro-
visions of this Ordinance if there are no funds available or if at the dis-
cretion of the City the extensions may not be practical.
Section 8. Method of Enforcing Payment
That nothing herein shall be deemed in any way to be an exclusive method
of enforcing the payment of the pro rata cost against the consumer and
property owners, and shall not be deemed in any manner to be a waiver of
the City's right to validly assess the property owners and/ or consumers
concerned for cost of the installation of standard size water and sewer
mains and to fix and enforce liens against said property, all which may be
done as provided by ordinance in the manner prescribed by law.
Section 9. Charges to be Credited to Water and Sewer System Fund
Any and all sums of money hereinafter collected as a fee or connection
charge at the rates set out in this Ordinance, shall be credited to the water
and sewer system fund of the City.
Section 10. Lift Stations and Special Installations
In the event a lift station or other special installations are required the
same shall be installed under separate agreements between the City and
the developer.
Section 11. Replacement of Substandard Water and Sewer Mains
When substandard water and sewer mains exist and a consumer is connected
to said substandard main, pro rata shall be charged to the consumer at such
time standard water and sewer mains are extended and the substandard
mains are abandoned. The consumer shall pay pro rata charges, as set
forth in this Ordinance, at such time a connection is made to the standard
main.
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Section 12. Existing Connections Exempt
All property platted into lots or tracts and having existing standard water
or sanitary sewer connections at the effective date of this ordinance shall
be exempt from the pro rata charges for the water and sewer mains as to
the said existing adequate mains. At no time will any consumer be required
to pay pro rata charges more than once on any particular frontage.
Section 13. Where Front Foot Rule Inequitable; Severability
Clause
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
in the City, then, in that event, the water department shall determine the
proper charge in accord with the intent and purpose of this Ordinance. No
person shall acquire any vested right under the terms and provisions of
this ordinance. That the terms and provisions of this Ordinance shall be
deemed to be severable, in that if any section, phrase, word or part thereof
shall be deemed to be invalid, the same shall not affect the validity of the
remaining portions of this Ordinance.
Section 14. Effective Date
This Ordinance shall become effective on the 8th day of
May
1962
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