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80-11-Ordinance-Regulating the Installation of Water and Sewer Main Extensions-10/06/1980ORDINANCE NO. 80-11 AN ORDINANCE AMENDING ORDINANCE NO. 1974-1 OF THE CITY OF SANGER, TEXAS, REGULATING THE INSTALLATION OF WATER AND SEWER MAIN EXTENSIONS, SETTING RATES FOR SUCH CHARGES; PROVIDING METHOD FOR EXTENSIONS BY DEVELOPERS AND INDIVIDUAL PROPERTY OWNERS, ESTABLISHING PRO RATA AND REFUND PROCEDURES, 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, Texas, has determined that existing Ordinance No. 1974-1 of the City of Sanger, Texas has heretofore required the collection of a pro-rata charge on all water and sewer main connections, should be amended to delete the pro-rata charge as required and to make said charge an option available to original developers for recouping part of their original investment, NOW,.THEREFORE, BE IT ORD .INED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS: ARTICLE I Definitions Pro Rata: A charge made against the consumer or property owner to pay for installation of water and sanitary sewer mains as provided in the ordinance. Standard Size Water Main: A water main six (6) inches or greater in diameter. Property Owner: The record title holder of premises served with water from a connec- tion by the city. Consumer: The actual user of water from a city water connection. Substandard Size Water Main: A water main less than six (6) inches in diameter. A-:TICLE II 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, from the nearest standard size existing water main or sanitary sewer as determined by the Utility Department. The extension shall be constructed by the city at the owner's expense and shall be extended 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. (B.) If an additional easement is necessary to extend the water main or sanitary sewer across the said lot, area, or tract of land, the owner,of the property seeking a connection shall provide the city with an easement, as required by the Utility Depc�rrtmen.._ ..-__ �f SECTION 2._ Business, Industrial, Commercial, Apartment and -- --- Property owner other than single-family residential. (A.) When the owner of an Jr lot, or tract of land zoned other than single-family residential, seeks a water or sewer connec- tion 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 Utility Department. The extension shall be constructed either by the city at the owner's expense or by the owner 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 across the said lot, area, or tract of land, then the owner of the property seeking a connec- tion 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, manholes, cleanouts, and other items which may be necessary for proper opera- tion 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. Two com- plete sets of engineering plans for said water or sewer improvements shall be furnished to the city. The Utility Department shall review the plans and specifications, 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 shall be marked with the objections noted and returned to the applicant's engineer for corrections. The same procedure shall be followed until the engi- neering plans and specifications are approved. The applicant shall cause his contractor to install the water or sewer facilities in accordance with the approved engineering plans and specifications. The applicant shall require his engineer to design, stake, and supervise the construction of such improvements and shall require his contractor to construct the said improvements in accordance with the plans and specifications, and after the improvements have been completed and upon receipt by the City of Sanger of a one year maintenance bond in the amount of l00 of the contract price, along with three sets of "As Built" plans and one set of "As Built" sepias, and upon receipt of a letter of the contractor's compliance with these regulations, then the Utility Department shall receive and approve for the City of Sanger the title, use, and normal maintenance of the improvements. (D.) Where an extension is requested by an industry or commer- cial concern using large quantities of water, such extension may be made at the discretion of the city council, provided 400 of the estimated annual revenue for such customer will support interest and principal payments on the total cost of the extension required to serve. ARTICLE III Main Extension for eve opens and Subdivisions SECTION 1. On -Site Extensions - Totally within property to be developed: (A.) A developer shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within a sub- division, except that the City of Sanger will refund the over -size -2- cost as established in Article VI of any main larger than eight inches (8") in diameter, unless such larger size is necessary to serve the developer's property in question. Size of mains necessary for adequate service shall be determined by the Utility Department in accordance with the City's Master Water and Sewer Plan. Refunds for over -size cost will be made upon final acceptance of the system by the city providing the funds are available. SECTION 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 water and sanitary sewer mains, larger than eight inches (8") in diameter, the developer will be refunded the over- size cost as established in Article VI and as adjacent property develops, the developer will be refunded any collected pro-rata as established in Article IV of this ordinance. SECTION 3. Off -site Extensions - Totally outside of property to be developed: (A.) Where water and/or sanitary sewer facilities are not available to a tract to be developed, mains may be extended by the City of Sanger to the nearest subdivision property line at the expense of the developer requiring such extension, or the developer shall cause his contractor to install said water or sewer facilities in accordance with Article II, Section 2, of this ordinance. SECTION 4. Methods by which water and sewer mains can be extended for subdivisions or developments: (A.) On -Site Facilities - shall be constructed by private in accordance with the City of all construction standards and City Council. (B.) Off -Site Facilities: On -site water and sewer facilities contract at the developer's expense Sanger Sub -Division Regulations and specifications adopted by the Sanger Private Contract - Off -site water and sewer facilities shall be constructed by private contract at the developer's expense in accordance with the City of Sanger Sub -Division Regulations and all construction standards and specifications adopted by the Sanger City Council. City Contract - A developer of a subdivision may deposit with the City the total estimated cost of such extensions required to serve his property, including the cost of approach and off -site mains fronting property owned by the developer. Upon receipt 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 additional funds to.defray the entire cost of the project. SECTION 5. Temporary Lines: When temporary lines are constructed as an expediency develop a particular area, suc'r� as across easements within subdivision of which no frontage can be connected, or where are constructed which are not required by the final plan of development, the developer will bear the total cost of the ARTICLE IV Establishing Pro-Rata and Refund Procedures SECTION 1. Pro -Bata: to a lines project. (A.) An applicant may contract with the City to require any and all owners of intervening property served by water or sewer main which was constructed by said applicant be required to pay a pro-rata charge at such times as their property is connected to such main. (B.) Pro -Bata Charge caill be collected by the city. The city will agree to refund to the applicant any pro-rata collected from other parties, firms, or corporations seeking a connection to the said water or sanitary sewer installed by said applicant. (C.) The amount of pro-rata charges made against the owner of the area, lot or tract of land seeking a connection to the water or sanitary sewer main shall be written into the contract made with the city. The amount of pro-rata charged to the owner seeking a connection shall not exceed the original construction cost of the water or sanitary sewer main. (D.) The City will only be responsible for refunding the collected pro-rata funds for a period not to exceed ten (10) years from the date of acceptance of the said water and sewer installation. All refunds shall be made on a semi-annual basis on the last day of June and December and shall include funds then accrued to the credit of any developer and others. No refunds will be made by the City of Sanger to any applicant or contracting party after the ten (10) year period has expired, nor shall the City of Sanger ever be liable for payment of interest on any. deposits or refunds provided herein. SECTION 2. This ordinance shall not affect or change any agreement for providing water and sewer service which was entered into by the City of Sanger on or before the effective date of this ordinance. ARTICLE V Water and Sewer Service Connections SECTION 1. Water Service Connection: (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 be determined and collected by the Utility Department and shall be at the following rate: 3/4" service 1" service 1-1 Z" service 2" service Meter & 1 Box $ 65.00 135.00 150.00 300.00 Tap Charge $45.00 50.00 50.00 50.00 Total �110.00 ! 185.00 200.00 350.00 Service lines that require the cutting or boring of paved streets or alleys will be subject to a charge of $2.00 for each lineal foot to bore or cut necessary for installation. For services larger than 2" in diameter, an estimate of the cost for the connection will be provided by the Utility Department, and a deposit of the estimated amount will be required before work is started on the installation of such connection. 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 deposit was received. (B.) Where service "lines have -been ins-�alled by developer, the water service connection charge shall be reduced by the amount of the tap charge as shown for related sizes. (C.) All water services for construction purposes shall be metered and subject to the same regulations and billings as perma- nent water accounts. (D.) In the event that a meter box has been installed by the developer the meter and box charge will be reduced $10.00 SECTION 2. Sanitary Sewer Connection: (A.) The City of Sanger shall install all sanitary sewer service connections in the streets, alley and easements both -4- inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The City of Sanger shall charge for each sewer lateral connection, the following. 4" lateral 6" lateral 8" lateral $60.00 80.00 95.00 Service lines that require the cutting or boring of paved streets or alleys will be subject to a charge of $2.00 for each lineal foot of bore $1.50 per square foot on street or alley pavement cut necessary for installation. (B.) The property owner shall install a service line at his expense to the city's lateral, in accordance with city regu- lations and subject to the inspection of the city; and shall thereafter be responsible for normal maintenance of said service line from the house to the property line. (C.) Each house or building within the City of Sanger shall be served by a separate and independent water and sanitary sewer connection. Where the service laterals have been installed by a developer to serve a lot or tract of land, said lot or tract of land shall be exempt from a connection charge. ARTICLE VI Evaluated prices for determination of over -size cost and off -site facilities: (To be added at future date) SECTION 1. Water mains and Appurtenances: The unit prices are inclusive of all concrete, wet connections, gravel foundation, and granular backfill which may be necessary. SECTION 2. Sanitary Sewer Mains and Appurtenances. ARTICLE VII Crediting of:,Colle;ctions Any and all sums of money collected as a pro-rata and/or service connection charge, as established by this ordinance, shall be credited to the water and sewer system funds of the City of Sanger. ARTICLE VIII No Funds Available In no event, may the City of Sanger be required to install water or sewer main extensions under the provisions of this ordinance if there are no funds available for that purpose. -5- ARTICLE IX Sewage Lift Stations and Other Special Installations In the event a lift station or other special installations are required, the same shall be installed upon separate agreements between the City of Sanger and the developer. ARTICLE X Provisions of Ordinance to be considered severable, emergency declared SECTION 1. 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, para- graphs, sections and articles left remaining shall be considered as though enacted independently of such unlawful or unconstitutional provisions. SECTION 2. That the present ordinances of the City of Sanger are inadequate to provide for an equitable reimbursement of developer's expenses incurred in the installation of water mains, and sanitary sewer results in 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. PASSED AND APPROVED b T E_ ITY COUNCIL of TH CIT,Y OF BANGER, TEXAS, ON THIS THE y day o% , 1980. ATTEST: