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1974-1-Ordinance-Regulating the Installation of Water and Sewer Extensions-04/01/1974 ORDINANCE NO. 1974-1. Water and Sewer Main extension Ordinance AN ORDINANCE REGULATING THE INSTALLATION OF WATER AND SEWER MAIN EXTENSIONS, PROVIDING FOR PRO RATA CHARGES, SETTING RATES FOR SUCH CHARGES; PROVIDING METHOD FOR EXTENSIONS BY DEVELOPERS AND INDIV- IDUAL PROPERTY OWNERS; DESCRIBING PROCEDURE FOR REFUNDS; DECLARING CERTAIN PROPERTY EXEMPT; SETTING FEES FOR WATER AND/OR SEWER CONNECTIONS; REPEALING ALL CONFLICTING ORDINANCES AND PROVIDING A SEVERABILITY CLAUSE, WHEREAS, the City Council of the City of Sanger finds it necessary to provide an equitable basis for the extension of water and sewer to property desiring such service and, whereas the City Council finds this ordinance to be in the public interest and general wel- fare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER: ARTICLE I Definitions Pro rats: A charge made against the consumer or property owner to pay for in- stallation of water and sanitary sewer mains as provided in the or- dinance.. Standard Size Water Mains A water main six (6) inches or greater in diameter. Property Owner: The record title holder nection by the City. Consumer: of premises served with water from a con - The actual user of water from a City water connection. Substandard Size Water Mains A water main less than six (6) inches in diameter. 1 -1- ARTICLE II Pro Rata Charges SECTION I. Existing Mains Exempta �i`� �'C���TAY` �RP�i�� COPY All existing subdivisions which have existing internal water mains six inches in diameter and larger, and all customers connected to the Sanger Water^ System at the time of passage of this ordinance, shall be exempt from the water portion of the pro rate charges specified in this ordinance. In unsubdivided areas with an exist - portion of this ordinance shall be actual frontage, o� 150 feed ,whichever is less; SECTION 2. Existing mains adjacent to property other than sub- divisions A, Where an area, lot, or tract of land abuts any existing water or sanitary sewer main, and when sa3.d water or sanitary sewer main spans the complete frontage of the area, lot, or tract of land, then the following charges, known as "pro ratan" shall be made against the owner of the area, lot, or tract of land seeking a connection to the water or sanitary sewer main. $2.50 per front foot for the area, lot, or tract of land seeking a connection to an existing water main. � • $1.5q per front foot for the area, lot, or tract of land seeking a connection to an existing sani- tary sewer. •, 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 rate on the shortest street frontage, regard- less of the locations of the water main or sanitary sewer. C. Where lots or tracts are intended. 'to be used for apart- ments, business, commercial or industrial. purposes or have a depth greater than 150 feet from the front street line, then the pro rate herein provided shall be paid on the frontage for all streets which the property may abut minus 150 feet frontage for each corner 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'°rate charges shall be made based on such additional street frontage` -2- 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 225 feet or more, then a pro rate shall be charged on both frontages when the owner seeks a connection to an existing water main or sanitary sewer. E. Where lots, areas or tracts of land are irregular in size or shape, then the pro rate charges shall be based upon the equivalent rectangular lots or tracts using one front foot for each 120 square feet of area, or the pro rate charges provided by this section on the average frontage of such tracts, whichever is least. ARTICLE III Main Extensions for Individual Property Owners. SECTION 1. Single Family Residential A. Upon request of the owner, or his agent, also referred to in this article as the .applicant of a given lot or tract of land, the City shall extend, lay or construct all necessary water mains and sanitary sewers and their appurtenances, a maximum distance of 100 feet, plus the distance across the frontage necessary to provide the service for which the application is made, ,providing the neces- sary funds are available. The property owner to'be served shall be required to pay the charges provided for in Article II, Section 2-A, at such time as their property is connected to such -mains. Where an applicant for service secures an extension and.servire under this particular option for main extension,'he shall pay the pro rate charges on all property owned by him�and which is served by the ex- tension requested. In applying the 100 foot rule, the required ex- tension of main shall be figured in such manner as to leave"out of the calculations that portion of any main adjacent to property al- ready having other than a temporary water service, and for which the pro rate charges thereon have been paid, credited, or exempt under the terms of this article. B. In the event that the property seeking a water or sewer connection is outside the limits of the 100 foot rule', then the ap- plicant shall extend. the said water main or sanitary sewer from the nearest standard size existing water. main or sanitary sewer as deter- mined by the Utilaety Department. The extension, less the cost of 100 feet per applicant as provided in Article III, Section 1-A, shall be constructed by the City at the owner's expense and shall be ex- tended across the complete frontage of said area, lot, or tract of land seeking the connection when said main extension is located in. a street right-of-way, alley or existing easement. If an additional easement is necessary to extend the water main or sanitary sewer a- cross the said lot, area, or tract of land, then the owner or the property seeking a connection shall provide the City with an ease- ment, as required by the Utility Department. The owners of all in- tervening property served by the given main extension shall be -3- f� required to pay the pro rate charges as established in Article II, Section 2-A, at such time as their property is connected to such main, and the 'pro rate charges collected by the City in accordance with this article, sha11 be refunded to the original investor, up to a period of ten (10) years from the date -of the total cost of the installation. SECTION 2. Business, Industrial, Commercial, Apartment and Property other than Single -Family Residential 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 sewers 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 from the nearest standard size existing main, as determined by the Utility Department. The extension shall be constructed either by the City, or by the owner's expense and shall be ex- tended 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 across the said lot, area, or tract of land., then the owner of the property seeking a connection shall provide the City with an easement, as required by the Utility Department. B. The Utility Department shall determine the size of the required main extension in accordance with the City's Master Water and Sewer Plan, and shall also determine the location of all necessary appurtenances such as fire hydrants, valves, man- holes, 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 registered professional engineer in the State of Texas, and the said engineer shall submit to the City of Sanger, three copies of the complete engineering plans for said water or sewer improve- ments. The Utility Department shall review the plans and specifi- cations, and, if ,approved, shall mark them approved and return one set to the applicant's engineer. If not approved, two sets of the engineering plans sha11 be marked with the objections noted and re- turned to the applicant's engineer for corrections. The same pro- cedure shall be followed until the engineering plans are approved. After approval of the engineering plans 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 applioant shall require his engineer to design, stalce, and supervise the construction of such improvements and shall require his contractor to construct the 01'FI ; ,,.a G. PY improvements said aand inspectionLain the City of of A _ Vhen found to be e• in accordanceplans• Lfications, and after the improvements • • and up- • of g.bond in bhe amount of 0% of A elpt of a letter of • r _ Lationso then the Utility Department shall receive and approve • �he City of of the • • ity in accordance with the afore mentioned igree to refund to the applicant• from other )attlesp firmsp or corporations seeking a connection to the said vater main or sanitary sewer installed by said applicant, The pro ?ata shall be collected at the rates established in Article III 2�A A ordinance and the City will only be responsible .or refund'n • w " �! • ! • • A • A • yearsfrom date of acceptance ofthe said water ind sewer installation. All refunds.__ )as1son the last day of June and December. • . - rrn using _.. of water, sucn extension may )e made at the discretion of the City Councilv provided 404o of the • annual revenue for♦ • • principal payments on • • . the extension• • o serve. lA 1�TZle �da � Y Main ExtenOion for Developers and Subdivi��ons SECT�CJN 1® On®Site E�teras�nons � Totally within propex°ty to be dcvelopede A. A develo er shall defra the entire cost of water • .• of _ • . cost as established of « Ln diameterp unlesssuch largersize is necessary to serve the •eveloper's property in question, Size of A idequate service shall be determined by • Ln accordance with the City's Master�Water and. Sewer Plan, .m for oversize cost will be made upon final acceptance of the 3ECTION 2. Along�Site Mains Lying along one or more sides o 3ystem by the City providing the funds are available. • M 'Cr 5 {r, �, t� � 1r9� �f +:�1��"k5� • s * r • e _ • . • _.. • A � � , • ►!` � � A � _. E "^ • ^« • •" _ p ! ! ♦ ": � v..-. • • w... .'...-.w•-. -• • f. .�c_ w ... • • ._ _ .. • • � } SEC`�TON 3p Off®site ���ensions � 'totally outside of p�oper�ty �to �be developed: • s r � k- F R • • .+. _• .__ .. ,� • . • � • • � „ ., ,,, • ` • � • _ - :G � a _ � 4 !; r � w, _ _,_ _. .._ s' � � f N " • • � � i :, w • � • • �, • N • _ • .r .u. a ... - • :- • � ,. # M • � * � �. • y` � �r. • 's ' � .. • • � i .+ �� • � _ � � • ^ �� �_ � r - ,,, _ _ • • • *• R + „ ,•• • _ . In the event where a single sanitary sower line his been developed and constructed. in more than one section and where `more than one developer or investor is involved® than all acreage pro rate col® lected from property not adjacent to said sanitary sewer installa- tion shall. be refunded to the developer or a.nvestor who caused the initial section of said sanitary sewer facilities to be installed® As such time when the initial installation has been retired, then all collected pro rate shall be refunded to the developer or in- vestor who caused the installation of said second section® 'phis same procedux°e shall be followed with any number of developers or investors who caused said sanitary sewer line to be installed, Re- funds shall not exceed the actual cost of said. sanitary sewer main installation and said refunds shall only be made for a period of ten (10) years from the date of the Oity's acceptance of said sanitary sewer main installation® SEC'�IOSV �® Pliains in place within the property to be developed: �► ..� _ � • .� 1� ., , ♦ �. Y. -- � - � • $3®00 per front foot for the area, lot or tract of land seeking a conneotion to any existing sanitary sewer. Should such mains lie along the subdivision and serve one side only, one®half of the above costs shall be paid® r� M w � �� � � � . } .. s � ♦ � �— � • "' � . � �. w �, _ _� _ _ .._ � e h. ♦ 4 � � � • � �_ • • .P...� M �4 • a.. _ _ „_.�__ � � � * � „� +* � ,. � • of the required amount of money, the City of Sanger will construct such mains and upon the determination of final completion cost will refund any excess amount deposited, or require from developer ad� ditional funds to defray the entire cost of the project. Refund® able amounts for off®site costs will be determined by the Utility Department as established in Article IV, Section 3 and Article V of this ordinance. -temporary^MET • •«� ♦levelop a particular areat such as acresI s easements within a sub" •,ivisi• • - • - •ines are onstructed which are not required by the final plan of develop� ftent, thedeveloper will bear thetotal cost without refund. RefundingEstablishing Procedure r•3 at six month+ • December 31 of each • shall include funds then accrued * thecredit of levelopers and others. A refundcontract entered into by any ?roperty owner and theCity ♦ _ Sanger under , this )rdinancet shall be effective only for a period of ten (10) years ifter the date of said contract. No refunds will be made by the of * applicant or contracting party ten year period has expired, nor shall the City of Sanger ever be Liable for payment of interest on any deposits or T • rided for herein, SECTION2. This ordinance sha11 not affect or change any agreement or contract for providing water and sewer services which was entered into by the City of Sanger on or before the effective date of this ordinance® ARTICLE VI Water and Sewer Service Connections SECTION 1. Water Service Connections A. The City of Sanger shall install and maintain all water service connections in the streets, alleys, and easements, and shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof; such sum is to be determined and collected by the Utility Depart® ment and shall be at the following rates Meter & 1 Box Tap Charge Total 3/4 service $ 6 .000 $ .00 $ 110.00 1" service 135.00.0.00 1 .00, 1.12° service 150.00, 0.90 2go.00 2" service 300..00 50.00 3 0*00 p � h5 k ° Service lines that require the butting or boring of .paved streets or alleys will. be subject to a charge of �2.Oo�for each lineal, foot .of bore or out neDessary for installation. For services larger than 2°° a;rt diameter, an estimate of the Dost for the Don® nection wi11 be provided by the Utility 1Jepartment, and a deposit of the estimated amount will be required before work is started on the installation of such Donnection� Should the final cost of the work be less than the amount of the deposit, a refund of over payment will be immediately made to the person from whom the de- posit was reDeived® - _ „. • • +- • .. •� -♦ -� r - R C® A1l water services for construction purposes shall be metered and subject to the same regulations and billings as per® manent water accounts, D. In the event that a meter box has been installed by the developer the meter and box Dhax°ge will be reduDed �l®®00® SECTION 2® Sanitary Service Connection: � �, ., • - � ,. � •" .� • • - r r � s - • - • • • •♦ _ s _ - • , �. .. , � a • ,, �. � N 6°' lateral 80®00� g'° lateral 95. pp'� Servi.oe lines that require the Duffing or boring of paved streets or alleys will be subject to a charge of �2®0® for each lineal foot of bore or $1.�0 per square foot on street or alley pavement cut necessary for installation® •- • � ,„ i • � �� � ` � ♦ .. .� • - ,� � � +� ,. • ., o � �� � ` � � � � • • i ,� _ .., t. 4 ° i Zn the .event .a lift station or other special installations are required, the same shall be installed under separate agreements between the City o Sanger and the developer® ARTICLE XIII 'rovisions off' Crdinanoe to be considered severable, emergency declared o - • , s i ., r_ •: .. 'assed and approved by the City Council o th City of Sanger, Te cas on this the , day off' , l9'7 ® y •' , } r ....May® ATTESTa ' F'ORa Cooper, Hall &Gentle ` , AGAINST a i '' , ` ABSENT a Bennett .r ;, City Secretary ADSTAININGa McDaniel '