Ordinance 1978-06
ORDINANCE NO. 78-6
AN ORDINANCE OF THE CITY REGULATING THE INSTALLATION OF WATER AND SEWER MAIN EX-
TENSIONS; REPEALING ORDINANCE NO. 62-9 AND ORDINANCE #75-6; DEFINITIONS; PRO-
VIDING FOR PRO RATA CHARGES; PROVIDING FOR EXTENSION OF WATER AND SEWER LINES
TO INDIVIDUAL PROPERTY OWNERS; PROVIDING FOR TAPPING CITY MAINS, CHARGES; PRO-
VIDING FOR EXTENSIONS OF WATER AND SEWER LINES TO SUBDIVISIONS AND WITHIN SUB-
DIVISIONS; LIABILITY FOR MATERIALS; NO FUNDS AVAILABLE; PROVIDING FOR METHOD
OF ENFORCING PAYMENT; CHARGES TO BE CREDITED TO WATER AND SEWER SYSTEM FUND;
WHEN OWNER MAY INSTALL; PROVIDING FOR ALTERNATE PLAN FOR INSTALLATION OF WATER
AND SEWER EXTENSION; EXEMPTIONS; PURPOSE OF ORDINANCE WHERE FRONT FOOT RULE
INEQUITABLE; NO VESTED RIGHTS; SEVERABILITY CLAUSE; LIFT STATIONS AND SPECIAL
INSTALATIONS; PROVIDING FOR REPLACEMENT OF SUBSTANDARD WATER AND SEWER MAINS
UPON REQUEST BY PETITION; PROVIDING THE EFFECTIVE DATE OF THE ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS.
SECTION:
14-3-1
14-3-2
14-3-3
14-3-4
14-3-5
14-3-6
14-3-7
14-3-8
14-3-9
14-3-10
14-3-11
14-3-12
14-3-13
14-3-14
14-3-15
14-3-16
Definitions
Pro Rata Charges
Extension of Water and Sewer Lines to
Individual Property Owners (as distinguished
from Sub-divisions)
Tapping City Mains; Charges
Extension of Water and Sewer Lines to
Subdivision and Within Subdivisions
Liability for Materials
No Funds Available
Method of Enforcing Payment
Charges to be Credited to Water and Sewer
System Fund
When Owner May Install
Alternate Plan for Installation of Water
and Sewer Extensions
Exemptions
Purpose of Ordinance Where Front foot
Rule Inequitable; No Vested Rights;
Severability Clause
Lift Stations and Special Installations
Replacement of Substandard Water and
Sewer Main upon Request by Petition
Effective Date
DEFINITIONS: All words used in this Ordinance shall carry their cus-
tomary meanings except where specifically defined as follows:
CONSUMER: The actual user of water from a City water main or of a sanitary
sewer connection.
14-3-1
FRONTAGE: Frontage shall be determined by the side of the lot on which the legal
address is located.
OFF-SITE IMPROVEMENTS: Water. and/or sewer mains and drainage improvements totally
outside of a tract of land to be subdivided and developed for resale.
ON-SITE IMPROVEMENTS: Water and/or sewer mains and drainage improvements 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 or sewer
service 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.
14-3-2 PRO RATA CHARGES: The City may extend water and sanitary sewer mains
in the streets and alleys, or easements within the City limits in or-
der to permit connections by those persons desiring water and sanitary sewer
servi ces. A charge, known as IIpro rata, II sha 11 be made agai nst 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, shall be charged the
following rates, which rates are a portion of the total cost of such water and
sewer mains:
(A) Two hundred dollars ($200.00) per ac. of land to which water connections are
made on a line.
(B) Two hundred dollars ($200.00) per ac. of land to which sanitary sewer con-
nections are made on a line.
(C) Four dollars ($4.00) per front foot of the lot or tract of land of five (5)
ac. or less which water connection is made.
(D) Four dollars ($4.00) per front foot of the lot or tract of land of five (5)
ac. or less to which sanitary sewer connection is made.
In addition to the pro rata charge on water and sewer mains, the property owner
must pay the connection charges as established by the City.
14-3-3 EXTENSION OF WATER AND SEWER LINES TO INDIVIDUAL PROPERTY OWNERS (as
distinguished from Sub-divisions): Upon request of a property owner
of a given lot or tract of land, accompanied by the payment of the charges due
under this ordinance, the City may extend all necessary sanitary sewer and water
mains, including valves, hydrants, and appurtenances, the distance across the
frontage necessary to provide the service for which application has been made.
The owner 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 pro-
perty is connected to the mains thus laid. The applicant shall pay the pro rata
charges on all property owned by him and which is served by the requested ex-
tension.
Upon approval of the City, the property owner requesting extension of water and
sewer mains to his property may extend the mains himself or have same to be done
by a competent and reputable contractor. In this case, detailed construction
plans for the improvements shall be drawn and approved by the City prior to any
construction, and the construction shall be inspected and approved prior to final
acceptance by the City. The sizes of the above mains shall be determined by the
City. The total costs of extending the mains to and across the owner's property
shall be borne solely by the owner, with the following exceptions.
(A) Upon approval and acceptance of the system by the City, on any mains larger
than eight inch (8"), the City will refund to the owner the difference be-
tween the cost of the oversized main and the eight inch (811).
(B) The City will only refund to the original depositor pro rata charges received
from applicants who desire to connect to the mains of a diameter of eight
inches (811) or larger with the total refund not to exceed the amount of the
original depositor's cost of off-site improvement. No pro rata refund shall
be returned to the original depositor on any line of eight inch (811) diameter
or smaller.
(C) The maximum period of time for the pro rata reimbusement to the original de-
positor for off-site mains shall not exceed five (5) years.
14-3-4 TAPPING CITY MAINS; CHARGES:
(A) Water: The tapping fee for connection with the Waterworks System shall be:
SIZE
METER ONLY
$ 90.00
180.00
285.00
METER AND TAP
3/4" & 5/8"
1"
1~"
2" and over
plus cost of materials & labor
plus cost of materials & labor
plus cost of materials & labor
Total cost of materials & labor
EXCEPT in the case of apartment complexes, mobile home parks, office build-
ings, motels, townhouses, multi-family dwellings, etc., and all other facilities
other than single family dwellings served by one master meter, in which case
the charges shall be:
Mobile Home Parks: $40.00 per each mobile home space and total cost of ma-
terials and labor for the master meter.
Apartment Complexes, Townhouses, Office Buildings, Multi-Family Dwellings,
etc. Served by One Master Meter:
$40.00 per each unit of 2 bedrooms or more shown on the plans submitted for
building permit.
$35.00 per each 1 bedroom unit shown on the plans submitted for building
permit.
$35.00 per each separate place of business shown on the plans submitted for
building permit.
Total cost for materials and labor in connection with the master meter for
the entire complex.
(B) Sewer: The tapping fee for connection with the Sanitary Sewer System shall
be:
4" $75.00 plus cost of materials & labor
6" &
Over Total cost of materials & labor
41' Pre-Tapped subdivision mains extended to
property line by developer requires a
$5.00 inspo~tion fee.
Mobile Home Parks: $50.00 per each mobile home space and total cost of
materials and labor.
Apartment Complexes, Motels, Townhouses, Office Buildings, Multi-Family
Dwellings, etc., Served by One Master Meter:
$50.00 per each unit of 2 bedrooms or more as shown on the plans submitted
for a building permit.
$25.00 per each 1 bedroom unit as shown on the plans submitted for a
building permit.
$25.00 per each separate place of business shown on the plans submitted for
building permit.
Total cost of all materials and labor.
14-3-5
EXTENSION OF WATER AND SEWER LINES TO SUBDIVISION AND WITHIN SUB-
DIVISIONS:
(A) Extensions to Subdivisions. Where extensions of water and sewer mains are
required to serve property which has been subdivided or platted for develop-
ment and resale, the costs of approach mains fronting on property not owned
by the developer but required and necessary to connect property to be
developed shall be borne solely by the developer. The sizes of all afore-
mentioned mains shall be determined by the City. Refunds for main extensions
will be as follows:
1. Upon approval and acceptance of the system by the City, on any mains
larger than eight inch (8") diameter, the City will pay, upon acceptance
if funds are available, or will enter into a pro rata agreement with the
developer, the amount being the difference between the cost of the over-
sized mains and the eight inch (8") diameter mains.
2. The City will only refund to the subdivider pro rata charges received
from applicants who desire to connect to the mains of a diameter of
eight inches (8") or larger with the total refund not to exceed the
amount of the subdivider's cost of the off-site improvements.
3. The maximum period of time for the pro rata reimbursement to the sub-
divider for the off-site mains shall not exceed five (5) years.
(B) Oversized Mains Within Subdivisions. Developers of subdivisions shall bear
the entire costs of water and sewer systems within or along the boundary of
their subdivisions, except that on any mains larger than eight inch (8") the
City will refund the difference between the cost of the oversized mains and
the eight inch (8"). Adequate size of such water and sewer mains shall be
determined by the City, and in accordance with the City of Wylie General
Development Plan and its decision will be final.
14-3-6 LIABILITY FOR MATERIALS: Each property owner or subdivider shall
furnish materials and shall install all water service lines and san-
itary sewer laterals from the mains to the structures at his own cost and ex-
pense to meet the standard details and specifications and the approval of the
City, except that the City will furnish the meters, necessary fittings, and
meter boxes for the water service lines and will complete the meter installations
and connections. For the connections to the mains and for furnishing and in-
stalling water meters the City shall charge at the rates specified in Section
14-4-4 hel~eir:l.
14-3-7 NO FUNDS AVAILABLE: In no event will the City be required to make
extensions or participate in the cost of improvements under the pro-
V1Slons of this Ordinance if there are no funds available or if, at the discretion
of the City, the extensions or improvements may not be practical.
14-3-8 METHOD OF ENFORCING PAYMENT: Nothing herein shall be deemed in any
way to be an exclusive method of enforcing the payment of the pro
rata or improvement costs against the consumers, subdividers, and property
owners, and this procedure shall not be deemed in any manner to be a waiver of
the City's right to validly assess the property owners, subdividers, and/or con-
sumers concerned for cost of the installation of water and sewer mains and
paving and drainage improvements and to fix and enforce liens against said pro-
perty, all of which may be done as provided by ordinance in the manner prescribed
by law.
14-3-9 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.
14-3-10 WHEN OWNER MAY INSTALL: All water and sanitary sewer main extensions
herein provided for shall be laid, constructed and installed by the
City, directly or by contract.
14-3-10
ALTERNATE PLAN FOR INSTALLATION OF WATER AND SEWER EXTENSIONS;
(A) The plan for installation of water and sewer extensions in real estate sub-
divisions, a developer of an addition or subdivision to the City plat of
which has been finally approved by the Council, and filed for record shall
have designed and prepared 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.
(B) Plans submitted by developers shall be inked on standard twenty-four inch
by thirty-six inch (2411 x 3611) sheets of tracing linen. Plans and profile
shall be shown at scales not less than one inch to one hundred feet (1" to
100') horizontal and one inch to six feet (111 to 6') vertical. Plans and
profiles shall show clearly all surface improvements and all subsurface
utility lines obstructions, and final sheet grades as approved by the En-
gineer.
(C) The complete plans and profiles shall be submitted, along with two (2)
copies of the recorded plat of the addition, to the Engineer for approval.
Upon approval, one (1) set of approved blue prints will be supplied the
developer, and tracings will be returned to the developer for the purpose
of making such prints as he may be required for contracting and construction
purposes, after which the tracings or sepia drawing shall be returned to the
City to become permanent property of the City.
(D) When the project is ready for construction, line and grade stakes shall be
set by the Developer's Engineers and Inspection shall be furnished by the
Engineer.
(E) City standard specifications for materials and performance shall be used
in all construction contracts.
(F) Sanitary sewers and water mains shall be installed only in dedicated streets,
alleys or easements granted to the City by the property owner and filed in
the Deed Records of Collin County.
(G) Upon approval of the plans by the Engineer, the City will advertise for bids
and enter into a contract for construction of the water and sewer mains.
14-3-12 EXEMPTIONS: All lots or tracts having existing water or sanitary
sewer lines immediately adjacent to and along one or more sides there-
of at the date of this ordinance shall be exempt from the pro rata charges for
water and sewer mains, but shall in all cases be subject to the connection
charges above provided for and set forth; and all such lots or tracts having
existing water or sanitary sewer connections at the date hereof, shall be exempt
from such pro rata charges.
14-3-13
PURPOSE OF ORDINANCE WHERE FRONT FOOT RULE INEQUITABLE: NO VESTED
RIGHTS: SEVERABILITY CLAUSE:
(A) The intent and purpose of this Ordinance is to provide an equitable charge
for water and sewer mains as a proportionate distribution of the cost of
water and sanitary sewer mains extensions to serve property in the City
on a front foot basis.
(B)
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 Engineer shall determine the proper
charges in accord with the intent and purpose of this Ordinance.
No person shall acquire any vested rights under the terms and provisions
of this Ordinance.
( C)
14-3-14 LIFT STATIONS AND SPECIAL INSTALLATIONS: In the event a lift station
or other special installations are required, the same shall installed
under special agreements between the City and the developer.
14-3-15 REPLACEMENT OF SUBSTANDARD WATER AND SEWER MAINS UPON REQUEST BY
PETITION: When substandard water and sewer mains exist and a con-
sumer is connected to said substandard main, pro rata shall be charged to the
consumer at such time as standard water and sewer mains are extended and the
substandard mains are abondoned. The consumer shall pay pro rata charges, as
set forth in this Ordinance, at such time a connection is made to the standard
main. The main line extension replacements shall be considered upon a request
by the consumers connected to the substandard mains.
14-4-16
EFFECTIVE DATE This Ordinance shall become effective on the 2?i~,
day of 7})7)(/l/Jd1u;> 1977.
)~Jj ~ i Jr/lhk
William E. Martin
Mayor
ATTEST:
~,1-a P10r'Xj)
Barbara Ellis
City Secretary