Ord 130-93 10/5/1993 : r „
ORDINANCE NO. I30,Ci3
ORDINANCE TO REPEAL SECTION 32-68 THROUGH AND
INCLUDING SECTION 32-85 OF THE CODE OF
ORDINANCES REGARDING THE EXTENSION OF WATER
AND SEWER SERVICE, AND TO APPROVE AMENDED
SECTIONS 32-68 THROUGH AND INCLUDING SECTION
32-85
WHEREAS, the existing policy for the extension of water and
sewer mains is stated in Sections 32-68 through and including
Section 32-85 of the Code of Ordinances;
WHEREAS, an August, 1993 opinion rendered by the Texas
Attorney General' s office leads us to believe our current policy
as contained in the Code of Ordinances is not within the intent
of the implementing rules for Senate Bill 336 (Texas Impact Fee
Enabling Legislation) ;
WHEREAS, the Council does not desire to adopt an impact fee
program as defined by Senate Bill 336 and the implementing rules;
WHEREAS, Council desires to repeal the existing policy and
to adopt a new policy that does comply with the current law for
the extension of water and/or sewer services; and,
WHEREAS, Council believes it is appropriate for the persons
requesting extension of water and/or sewer lines to be
responsible for the cost of such extensions .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
1 . Section 32-68 through and including Section 32-85 of the
Code of Ordinances are hereby repealed.
2 . The following sections to the Code of Ordinances are
hereby approved:
"Section 32-68. Policy established.
This purpose of this article is to establish a policy for
water and sewer main extensions for the City.
• Section 32-69 . Extension Policy.
Upon request of an applicant or group of applicants who are
service, for the purpose
authorized to receive water and/or sewer se p p
of this article known as "applicant, " the City may extend water
and gravity sanitary sewer mains in the streets and alleys, or
easements, within the city limits in order to permit connections
by persons desiring and seeking water service and sanitary sewer
service . All costs for engineering, right-of-way acquisition,
construction, and other actual costs for installation of the
mains will be borne by the applicant as the user of the service .
All materials and construction methods for the extension must be
in compliance with City standards and specifications . The
applicant must provide engineering plans sealed by a Texas
Registered Professional Engineer for City approval . Any required
State regulatory authority approval needed for the extension must
be obtained by the applicant or his agent . Construction will be
inspected by the City. The water and/or sewer lines must be
extended to the point on the property to be served where the
applicant is to make connection for service .
When the requested extension is 100' or less, the applicant
may request that the City to perform the engineering design and
construction by paying the following charges :
- $12 . 00 per linear foot for extension for a water line .
- $13 . 50 per linear foot for extension of a gravity sewer
line .
When the requested extension is more than 100' , or the
applicant does not want the City to construct extensions of 100'
or less, or the City chooses not to construct a line upon request
by an applicant, the applicant may engage a private contractor to
.1
accomplish the installation work. The applicant is responsible
for the full cost of the extension of the water and/or sewer line
up to and including the size line required by the service
requirement of the property or eight (8) inches in diameter,
which ever is larger. If the requested extension requires use of
a sanitary sewer lift station and pressure line, the lift station
and pressure line must be sized to meet the service requirement
of the property or the minimum size requirements imposed by State
regulatory authorities, whichever is larger.
Upon construction, the utility mains, lift stations, and all
appurtenances shall become the property of the City with no
future interest retained by the applicant .
Section 32-70 . Deferred Charges.
For extensions of 100' or less where the applicant desires
to pay the charges for the City to perform engineering services
and construction, the applicant or his agent must pay to the City
the entire sum as set forth in this article or execute a
promissory note and mechanic' s lien in a form approved by the
City Attorney, agreeing to pay monthly installments, together
with such interest rate as may from time to time be set by the
City Council on the remaining sum due, which installments may be
included on the applicant' s water bill, and further agreeing,
that if any installments become delinquent that the City may
enforce its liens as provided by law and/or may discontinue water
and sewer services to such property until the amount in default
has been paid together with a penalty of ten percent (l00) of
such amount in default .
Section 32-71. Procedure on leased property.
Should the property to be served be rental or leased
property, the City is authorized to refuse service on the
premises until the property owner makes satisfactory arrangements
with the City under the terms of this article for the extension
of water and/or sewer lines .
Section 32-72 . City not obligated to make extension.
In no event shall the City be obligated to proceed under the
terms of this article if funds are not available or if in the
discretion of the City the extension may not be practical .
Section 32-73 . Check or backflow valves; indemnity
agreement.
Where in the opinion of the director of public works, the
property is subject to flooding or the sanitary sewer is subject
to being surcharged due to infiltration of storm waters, or the
premises is subject to being flooded by an overcharged sewer due
to its elevation in relation to the proposed sewer line, then the
owner or developer of the premises shall be denied a sanitary
sewer main for service unless the owner or developer agrees to
install check or backflow valves in each house sewer and agrees
to indemnify fully the city and save it whole and harmless from
and against any and all damages, costs, or expenses of every
kind, character and nature, whether real or asserted, accruing
upon or about the buildings due to surcharge of the sanitary
sewer, or inadequate storm drainage . Such agreement shall be
executed by the owner or developer of the property and filed in
the deed records of the county, and shall be a covenant running
with the land and shall be binding on the owner, his successors
or assigns .
Section 32-74 . Extensions for property subdivided or
platted - Basis.
Where extensions of water and sewer systems are required to
serve property which has been subdivided or platted for
development and resale, water and sewer facilities may be
extended to such properties on the following basis and in
accordance with Ordinance No. 2118, being Appendix A in this
volume, and minimum standards and procedures described below.
(a) It shall be unlawful to serve or connect any lot, tract
or plot of land, or any part thereof, or for the use of the
owner or purchaser of said land, or any part thereof, with
water and sewer connections unless and until such plan,
plot, or re-plot of such lot or tract of land shall conform
to the platting requirements of the city and has been
approved by the city planning commission.
(b) Extensions within property to be developed. In no case
will developers be allowed water and sewer connections to
the city systems unless the developers and owners agree to
annex the property to the city as soon as the utility
systems are accepted for operation by the city.
Section 32-75. Extensions for property subdivided or
platted - methods of construction.
(a) Water and sewer main extensions to serve a real estate
subdivision to the City of Wichita Falls, plat of which has
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been finally approved by the City Planning and Zoning
Commission of the City of Wichita Falls, and filed for
record, may be accomplished in the following manner:
(1) 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.
(2) Plans and profiles submitted by the developer' s
engineer shall be inked on standard twenty-two by
thirty-six inch (22" x 36" ) sheets of tracing linen.
Plans and profiles shall be shown at scales of not less
than one (1) inch to one hundred (100) feet horizontal
and one (1) inch to six (6) feet vertical . The
engineer submitting the plans and profiles must be a
registered professional civil engineer in the state,
and he must affix his seal and signature to the
tracings of all plans and profiles . The completed
tracings for water and sewer facilities shall be
approved by the city in accordance with the street
profiles and storm sewer profiles as approved by
department of public works . After plans are approved,
two (2) copies of water facility plans and
specifications and two (2) copies of sewer facility
plans and specifications shall be submitted to the
city. Plans shall include a copy of the plat of the
addition as approved by the City Planning and Zoning
Commission and recorded in the deed records of the
county.
(3) Upon approval of the plans by the city, the
developer may enter into a contract with any qualified
contractor 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, to see that the installation is made in
accordance with the plans and the city' s standard
specifications which, in every instance, shall be a
part of such installation contract .
(4) No installation of water or sewer lines will be
made at any other location except in a dedicated
street, alley, or an easement running in favor of the
city, which shall be filed of record by the owner of
such addition.
(5) Any such installation, when accepted by the city,
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 which, in every instance, shall be a
part of the installation contract . The city shall be
named as one of the beneficiaries in such bond.
' ' ' (6) 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 making contracts
for water and sanitary sewer installations .
(7) The city specifically reserves the option to
advertise for bids but will approve such action by the
developer' s engineer under satisfactory conditions . If
the developer desires the city to let the contract he
must deposit with the city the total cost of all water
and sewer facilities including off-site mains, and
prepare plans and specifications . The city will then
construct the facilities; refund any excess money or
require such additional money necessary to defray the
total cost of the utilities .
Section 32-76 - 32-85. Reserved
PASSED AND APPROVED THIS THE 5th day of 0 ;ober, 19• .
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M ""O R
ATTEST:
T,u,cticu CITY CL ER
G K
AD 539793
Affidavit of Publication
ORDINANCE NO.125-93
AN ORDINANCE-OF-THE-CITY THE STATE OF TEXAS
COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING COUNTY OF WICHITA
CHAPTER 11,SECTION 11-3 OF
THE CODE OF ORDINANCES,
ip REGULATING THE POLITI-
CAL ACTIVITIES OF CIVIL
SERVICE EMPLOYEES AND 21St October
REPEALING SECTION 11-8 OF On this day Of
THE CODE OF ORDINANCES
THAT ASSESSES PENALTIES
FOR NON-USE OF THIS 1993
ARTICLE; FINDING AND DE- A.D. personally appeared before me, the undersigned authority
TERMINING THAT THE
MEETING AT WHICH THIS Karen Cobb
ORDINANCE WAS PASSED bookkeeper
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
PROVIDING FOR PUBLI-
CATION;PROVIDING FOR AN Times/Record News, a newspaper published at Wichita Falls in Wichita County,
EFFECTIVE DATE; AND RE-
PEALING ALL ORDINANCES
, IN CONFLICT HEREWITH. upon and u on bein g duly by me,dul sworn b me on oath states that the attached
ORDINANCE NO.126-93
AN ORDINANCE OF THE CITY advertisement is a true and correct copy of advertising published
COUNCIL OF THE CITY OF r 1
WICHITA FALLS AMENDING in 1 1, n e / issues thereof on the following dates:
CHAPTER 24, SECTION 24-21 3
OF THE CODE OF ORDI-
NANCES CLASSIFYING THE '' October 21 , 1993
NUMBER OF POSITIONS
UNDER CIVIL SERVICE FOR 1tC>
POLICE OFFICERS IN THE ) / ?
CITY OF WICHITA FALLS;
k_64( 4�r�
FINDING AND DETERMIN-
ING THAT THE MEETING AT
WHICH THIS ORDINANCE Bookkeeper for Times Publishing Company
WAS PASSED WAS OPEN TO ', '. "' ""
THE PUBLIC AS REQUIRED `. ` r Of Wichita Falls
BY LAW; PROVIDING FOR .5..;{.
PUBLICATION; PROVIDING c-'-% .a
FOR AN EFFECTIVE DATE; 6,
REPEALING ALL ORDI- �L '-;Subscribed and sworn to before me this the day and year first above written:
NANCES IN CONFLICT HERE= •-
WITH ;,.. ., y
ORDINANCE NO.127-93
ORDINANCE WAIVING SEC- C
TION 22-1(a)(9)AND SECTION �a..4.4---,v. J-`4._
NANCES TO PERMIT SIGNS
..... . ... ......AND ALCHOLIC BEVERAGES I -. - .- - - -- .- - - -- ---- -
DURING A RUNNING EVENT -
OCTOBER 16,1993 IN JAYCEE _ ' - - -
PARK
ORDINANCE NO.128-93
ORDINANCE WAIVING SEC- ! 1-93
0 .13
ORDINANCE NO ORDINANCE NO.133 93
TION 22-1(a)(9) TO PERMIT ORDINANCE WAIVING SEC- ORDINANCE APPROPRIAT-
S I G N S DURING AN TION 27-29 OF THE CODE OF ING FUNDS RECEIVED FROM
ALZHEIMER ASSOCIATION i ORDINANCES WITH RE- THE TEXAS DEPARTMENT
EVENT OCTOBER 29, 1993 IN SPECT TO PLACING A SIDE- I OF TRANSPORTATION FOR
LUCY PARK WALK ALONG THE NORTH PLANNING ASSISTANCE'FOR
ORDINANCE NO.129-93 SIDE OF WHITE STREET AD- THE TRANSIT FUND
AN ORDINANCE OF THE CITY 1 JACENT TO THE SOUTH LINE I ORDINANCE NO.134-93
COUNCIL OF THE CITY OF OF LOT 1, BLOCK 4, IRRIGA- ORDINANCE TO REPEAL
WICHITA FALLS PRESCRIB- TION SUBDIVISION AND THE SECTION 10 (E) OF APPEN-
ING REGULATIONS FORI SOUTH SIDE OF OLEN DIX A (COMPREHENSIVE
RATES CHARGED TO CABLE STREET ADJACENT TO THE ! SUBDIVISION ORDINANCE)
TELEVISION SUBSCRIBERS NORTH LINE OF LOT 1, OF THE CODE OF ORDI-
FOR THE BASIC SERVICE BLOCK 4, IRRIGATION SUB- NANCES
TIER; PROVIDING THAT DIVISION ORDINANCE NO.135-93
THIS ORDINANCE IS ORDINANCENO.132-93 AN ORDINANCE OF THE CITY
CUMULATIVE;PROVIDING A ORDINANCE WAIVING AP- COUNCIL OF THE CITY OF
SEVERABILITY CLAUSE; PENDIX A, SUBDIVISIONS WICHITA FALLS AMENDING 1
PROVIDING FOR PUBLI- SECTION 9(B)(2)(a)OF THE SECTION 5-48 OF THE CODE
CATION; PROVIDING AN EF- I CODE OF ORDINANCES WITH OF ORDINANCES TO PERMIT
FECTIVE DATE; FINDING ' RESPECT TO PLACING CURB THE KEEPING OF POT
AND DETERMINING THAT AND GUTTER ON THE NORTH BELLY PIGS WITHIN THE
THE MEETING AT WHICH SIDE OF WHITE STREET AD- CORPORATE LIMITS; FIND-
THIS ORDINANCE WAS JACENT TO THE SOUTH LINE ING AND DETERMINING
PASSED WAS OPEN TO THE OF LOT 1, BLOCK 4, IRRIGA- THAT THE MEETING AT
PUBLIC AS REQUIRED BY TION SUBDIVISION AND THE WHICH THIS ORDINANCES
LAW 1 SOUTH SIDE OF OLEN WAS PASSED WAS OPEN TO
ORDINANCE NO.130-93 STREET ADJACENT TO THE THE PUBLIC AS REQUIRED
ORDINANCE TO REPEAL NORTH SOUTH SIDE OF OLEN BY LAW.
SECTION 32-68 THROUGH AND STREET ADJACENT TO THE
INCLUDING SECTION 32-85 OF NORTH LINE OF LOT 1,
THE CODE OR ORDINANCES BLOCK 4, IRRIGATION SUB-
REGARDING THE EX- DIVISION
TENSION OF WATER AND
° SEWER SERVICE, AND TO
I APPROVE! AMENDED SEC-
1 TIONS 32-68 THROUGH AND
INCLUDING SECTION 32-85 1
ORDINANCE NO.131-93
ORDINANCE WAIVING SEC-
TION 27-29 OF THE CODE OF
ORDINANCES WITH RE-
SPECT TO PLACING A SIDE-
WALK ALONG G-THE NORTH
SIDE OF WHITE STREET AD-
JACENT TO THE SOUTH LINE