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HomeMy WebLinkAboutO-2A-6-56ORDINANCE NO. 2A AN ORDINANCE OF THE CITY OF RICHARDSON REGULATING THE INSTALLATION OF WATER AND SEWER MAIN EXTENSIONS, PROVIDING FOR PRO RATA CHARGES, PROVIDING FOR REFUNDS, PROVIDING AN ALTERNA- TIVE METHOD FOR EXTENDING WATER SEWER MAINS, METHOD OF ENFORC* ING PAYMENT OF PRO RATA CHARGES, PROVIDING THE EFFECTIVE DATE OF THE ORDINANCE, AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON: SECTION I. DEFINITIONS: The following definitions shall apply in the construction of this ordinance; (1) Substandard size water main - A water main less than six inches in diameter. (2) Standard size watef main - A water main eight inches or more in diametet. (a) Substandard size sewer main - A sewer main ie ss than six inches in diameter. (4) Standard size sewer main - A sewer main eight inches or more in diameter. (5) Pro Rata - A charge made against the consumer or property owner, to pay for replacement of water and sanitary sewer mains as provided for in this ordinance. (6) Consumer - The actual user of water from the city water connection. (7) Property Owners - The record title holder of premises served with water from a connection by the City of Richardson. (8) Water Department - The water department of the City of Richardson, Texas. Section 2v PRO RATA CHARGES: - The water works department may extend water and sanitary sewer mains in the stteeta and alleys, or easements, within the city limits of the City of Richardson in order to permit connections by persons desiring and seeking water service and sanitary sewer service. A charge, which shall be known as the "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 of Richardson, and the charge shall be at the following rates, which rates are a portion of the total coat of such water and sewer mains; $2.25 per front foot of the lot or tract of land to which water connections may be made. $2.00 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, exclusitelyaas dwelling places, then the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains to serve the same, then the terms of this ordinaneft shall govern. 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 260 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 ar tracts using one front foot for each 150 square feet of area, or the pro rata charges provided herein on average frontage of such tracts, whichever is smaller. Where lots or tracts are intended to be used for business, commercial or industrial purposes, or 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 corner of the property abutting a street intersection. Should said property be re -sub- divided 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. In addition to the pro rata charga on water and sewer mains, the property owner must pay the tap charges as established by the City of Richardaobe SECTION III. EXTENSION OF WATER AND SEWER LINES: - Upon request of the owner, or hit agent, of a given lot or tract of land, for the purpose of this ordinance known as"Applicant" accompanied by the payment of the charges due under this ord- inance, the City of Richardson shall extend, lay or construct all necessary 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 a charges herein prokided for. The owners of all inter- vening 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 and service under this particular option for main extension, he shall pay the pro rata charges on all property owned bit 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 property already having other than a temporary water 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 existing lines, the City of Richardson will extend their mains upon payment of the charge due undek this ordinance pro- vided there is one customer for every 100 feet Bf such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service. SECTION IV. ALTERNATIVE METHOD: - At the option of the City of Richardson, the following method for extensinn 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 only for use by an individual owner, person or corporation to secure water and sewer service for the individual's residence or place of business. Where eligible for this ppti on, the owner may advance and pay into the City of Richardson the entire pro rata cost as set forth in this ordi- nance, to -wit: 2.25 per front foot for water extensions, and 2.00 per front foot for sewer extensions on all property served by the desired main extension, and the City of Richardson, when said money has been actually deposited with the City, will con- struct 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 coat 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 of Richardson to the person 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 of Richardson 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 bear- ing interest at the rate of 6% per annum. Section 5. REFUND OF COST OF EXTENSION: - Where extensions of water and sewer mains are required to serve property which has been subdivided or platted for development and resale, the City of Richardson will construct such main upon deposit of the total cost of such extensions, including the cost of approach mains fronting property not owned by the developer, but necessary to connect the area for which application is made with the City of Richardson water and sewer system. The developer will bear the total cost for construction of off site or approaching mains required to interconnect property to be developed with existing mains, the sizes to be determined by the City of Richardson, and with the only refunds to be the pro rata as collected by the water department. Any refund to the developer shall not exceed the cost of the pro rata charges if this means has been used to calculate the cost of water and sewer mains. There shall be a maximum of ten years as the period of eligibility wherein the original depositor may request a refund of pro rata payments under this section. The period of eligi- bility shall begin as of the date of final inspection and accept- ance of the extensions by the City of Richardson. Section 6. COST OF ON-SIbE MAINS: - The developer will bear the total cost of on -side mains, with sizes to be determined by the City of Richardson, except that the City of Richardson will refund the increment of cost on water and sewer mains over eight inches in diameter proportionately as the frontage served in con- nected. The increment of cost born by the City shall be determined on the basis of the difference between the price bid for eight inch water and sewer mains and the larger size required; provided that in the event the bid price for mains larger than eight inches are not consider4d reasonable by tb4 City of Richardson, the City will not be obligated to proceed under the terms of this ordinance. Section 7. TEMPORARY LINES: - Where temporary lines are constructed as an expedient to develop a particular area, such as across e4sements within the subdivision of which no frontage can be connected, or where sewers are constructed which otherwise are not required in the ultimate plan of dejelopment for the sani- tart' sewer system, the developer will bear the total cost with- out refund. Section 8. NO FUNDS AVAILABLE: - In no event may the City of Richardson be required to make extensions undertthe provi- sions of this ordinance if there are no funds available on hand for the purpose. Section 9. 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 10. CHARGES TO BE CREDITED To WATER AND SEWER SYSTEM FUND: - Any and all aums of money hereinafter collected as afee or connection charge, at the rates set out in this ordia" ante, shall be credited to the water and sewer system fund of the City of Richardson. SedtiOM 11. WPEN OWNER MAY INSTALL: - All water and sanitary sewer main extensions herein provided for shall be laid, constructed and installed by the City of Richardson directly, or by contract made by the City of Richardsoh. Section 12. ALTERNATE PLAN FOR INSTALLATION OF WATER AND SEWER EXTENSIONS! A At the option of the City of Richardson, as an alternative plan, the developer may be permitted to pay for the total coat of installation of water and sewey extensions as pro- vided for in this section in lieu of paying the pro rata charge provided for in this ordinance. Upon approval by the City of Richardson, 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. Plans and profiles submitted by the developer's an or shall be inked on standard 24 inch by 36 inch (24" x 36 ) sheets of tracing linen. Plans and profiles shall be shown at scales of not less than one inch to one hundred feet horizonal, 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 Ppproved by the water department or city engineer. The engineer submitting the plans and profiles must be a reg- istered 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 or city engineer for approval, accompanied by two copies of the plans and profiles of the storm sewers and street grades as approved by the city engineer and one copy of the plat of th$ addition that has been recorded in the records of the County of Dallas 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 of Richardson. When the project is ready for construction, line and grade stakes will be set by the developer's 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 tangeney, all @lock corners, and all lot corners within the subdivision. All Construction and installation of water and sewer mains shall be supervised by inspectors of the City of Richardson. All construction contracts shall be let upon City of Richardson standard specifications for materials and perfor- mamoe. Upon approval of the plans by the City of Richardson, 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 inspectors of the City of Richardson, to see that the installation is made in accordance with the plans and the Cityts standard specification, which, in every instance, shall be a part of said installation contract. No installation of wetter or sewer mains shall be made at any other location exeept the dedicated street, alley, or an ease- ment running in favor of the City of Richardson, which shall be filed of record by the owner of said addition. Any such installa- tion when made shall become the property of the City of Richardson, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a perfor- mance bond such as the City of Richardson uses in its standard specifications and contract documents. In the event the developer makes 6he installation himself, then he shall execute a performance bond in favor of the City of Richardson in the same form and con- ditioned in the same manner as provided for in the standard contract documents used by the City of Richardson in the making of water and sanitary sewer installations. Section 13. 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 of Richardson and the deYeloper. Section 14 EXISTING CONNECTIONS EXEMPT: - All property platted into lots or tracts and having existing water or sanitary sewer connections at the effective date of this ordinance shall be exempt from the pro r4.ta charges for the water and sewer mains as to the said existing adequate mains. Section 15. PURPOSE OF ORDINANCE: WHERE FRONT FOOT RULE INEQUITABLE; NO VESTED RIGHT; SEVERABILITY CLAUSE: - The intent and purpose of this ordinance is to provide an equitable charge for water and sanitary sewer connections as a proportionate dis- tribution of the cost of water and sanitary sewer main extensions to serve property in the City of Richardson on a front foot basis. In case property or a tract of land is so situated or shaped that the front foot rule treats an inequitable basis as between it and other tracts of land in the City of Richardson, then, in that event, the City engineer 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 ordiance 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 15. EFFECTIVE TIME OF OVINANCE: - This ordinance shall become effective on the 26th day of June, 1956, 1956. DULY PASSED BY THE CITY COUNCIL on the 26th day of June,