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Ord 1877 12/1/1959AN OX-DJ_ NA.N'_E ESTAI=- LISHIIl;C A POLICY" OF EXTENDING WATER AND SEWTR ',%INS; ESTABLISHING PRO RATA CHARGES FOR THE EXTENSION OF SUCH PJAI' %3; ESTABLISHING A WATER WORKS rTJND AND A SEWAGE WORKS FUND AND PROVID- ING FOR A SAVING CLAUSE. BE IT ORDAITdED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION I. There is hereby established a policy for Water y..n.3 ,`.Newer main extensions which is as follows: Art. 1. RATES FOR EXTENSIONS. - The City of Wichita :any extend water and sanitary sewer mains in the streets and alleys, or easements, within the city limits of the City of Wichita Falls 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 charge, 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 main or sanitary sewer main in the City of Wichita Falls, and the charge shall be at the following rates, which rates are a portion of the total cost of such water and sewer mains: $1.90 per front foot of the lot or tract of land to which water connections may be made. $1.60 per front foot of the lot or tract of land to which sanitary sewer connections iita_y- be made. The above front foot rates shall apply to property routing on streets in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed 150.0 feet. Where mats or tracts have greater depth than 150.0 feet from the front street line, and are occupied, or are to be occupied exclusively as 1wel]ing places, then the additional depth shall not be assessed. If tf.E: property is later subdivided, requiring an extension of mains :.o serve same, then the terms of this ordinance shall govern. On rots or tracts of land which extend through from one street to an- other, with frontage on both streets, and where the distance between she street lines is 260.0 feet, or more, then the pro rata charges 1Lerein provided for shall be paid on both frontages when a connection. .s secured to the lot or tract. �t'here lots or tracts are irregular in size or shape, then pro rate charged shall be based upon equiva- lent rectangular lots or tracts using one front foot for each 150 are feet of area or the pro rata charges provided herein on the average frontage of such tracts, whichever is least. Where lots or tracts are intended to be used for bus - iness, commercial or industrial purposes or have a depth greater t' -an 150 feet from the front street lane, then the prm rata charge herein provided shall be paid on the frontage on all streets which the pro - perty may abut minus 150 f::et frontage for each corner of the pro- perty abutting a street intersection. Should said property be re- aubdivided w:erc:by water main extensions are required to serve sane, the terms of this ordinance shall apply. nrt . 2. EXTENSIONi FOR. INDIVIDUAL OWNERS.- Upon request: of the own:Ir or his agent, of a given lot or tract of land, for tha rrose of this ordinance known as 'Applicant`, accompa-nded by the _- aynej..t of the ch, rges due ,)nder this ordinance, The City of Wichita ".-Us shall exi.�nd, lay or construct ali necessary sanitary sewer ..0 water mair.5, includi n -alves and hydra. t � , a distance of 100.0 -c� t, plus tf;,_. .distance across the. frontage cessary to provide the 5� vice for which application has been made. —The property owner to tie 6erved shall be required to pay the charges herein provided for. rI -9_ owners of all intervening property served by the river, mail, shall be required to pay the charges provided for ­ ch time as their property is connected to the rain:-, thus an applicant for service secures an extension. ar d serv:i�5G ,...mow. this particular option for :lain ext.�.tsia *., l:e shall av the pro rata charges on all i>rar� :c `,r. ows-ted i :,y }.i.­ and which is served by C-',�xten ion requested. In it;-plying ti.; 100.00 foot rule, the .�,r,ui, red extension of main shall be figured in such zaartner as to out of th; calculations that :onion :.)f any maij--i adjacent �:roperty already ha.vhg other than a ten.;..arary water service, for w'tt_icit the pro rata charges thereon slave been ,�c,4 ar Crt I-': — unde t'l of this ordinan�:.�. An exception to the above 100.0 foot rule - �LLal.l be ma wher�::.- two or more :individual applicants desire w,=—:­r <:tlac /or >e per t i t..;' a,: d the nearest applicant is rtar�: i:.l-.att I; G ;I nc; :.;_:Lr;_::_,, the City of Wichita Falli ,vi_11 -tend their upon pay :tE:.: the charges due under this, provided tip: t is one for Lvery 100 feet of such - ;�te�lti,ionr excluding Street ions and that portion of tt:,:. extc:.r.sicn adjacent to property already having other than temporary water and /or sewer .ervic e . At the optionof the City of Wichita Falls, the follow- ing method For extending water and sewer mairis may be used where �_:he applicant ` s property is more than 100 feet from an existing ~rater or Sewer main. This method shall :)e available only for use � v an individual owner, personal or corporate, to secure water and ,ewer service for the individual's residence or business. Where; c-ligi_ble for t1lis option, the owner may advance and pay unto the City of Wichita Falls the entire pro rata costs as set forth in this le1 to w.it: X1.00 per f rorAL foot for wat,� r extensions, and $1.60 r frQnt foot for sewer extensions on all property served by tilt ,� sired main extension, less the 100 feet allowable, a-id the City Wichita Falls, when said money has been actually d(:::;r_ -sited with v City of Wichita Fall., will construct tr: saad de1�ir d water sewer main along a street, alley or ea.sen.c:nt. When any property Dr which such person has advanced the nro rata costs i.S connected ,.o the said main extension, then, in that avert, the pro rata char - ,-e advanced for the frontage of the cor.necting property shall be efunded by the City of Wi K tAa, Falls to the person mai-ing the ori- i.nal deposit. Fit such ticae as suffiai.ent frontage is connected so :-hat the original applicant- who advanced the total pro rata charge would be eligible for extension under -the above ordinance such per - .'on will be refunded the reziainder advanced except for the charges tue on the prop,::rty for which the exte,r -sion was originally ziade. 'Where cxiensi_oii is rc cqu,. seed by an :industry or comner- c.7ial concern using large quantities of water and cannot meet the requirements of one customer por 100 feet of extension, such ex- ".-n.sion may be 1,iade at the, ('iscrc:tion of the City provided 4070 of ne estimated annual reveja,,c from such customer Y,1ill support in- ter.,st and principal r,a.y?ne rtes on the total cost o{ thc� exterision eq�fired to serve. Art. 3. RP'TAL OR LEASED PROPERTY.- Should property he : ,,i:tal or property the City of tiJichita l rlls is authorized '._o 10-fuse service on th �rct.i:_�es until the property owner makes ..a.tiofacioiy arrangements w ifl—t ti.. City under the terris of this ?.Lnance_ tc ply tlln : applicable i,pro rata c<<argo. AY j.. 4. CRi?„ ATION OF iV ATER WORKO TIJE,, `iE'v'i kGE (< ; TJ- _r . is 11.urE:by L; tabli shcd a fund ti •: ._ shall vT7L ' _ 'v`atCr 'ilorks r?_.nd, ar�d hereafter any nd ai.l ilimS C`- ,, c iected :xs r c: -tnection charge for rater rind all ern yL, CtC,d _ Y`rc) rata chargf, iior water raali., extE.'nc:lo:iS shall. C; +U t i..... (b) T_,tre is hereby. el�;tablishod a fund which shah_ %iTtt as _}:e 0 grace T °Toms Fund of the City of= Wichita. Falls, ar.-` f ;�rrts of ionoy collected far connection + d t ;. tlt� s�:w,.ige �1ystc -1n .:, all moneys collected through pro rata rgc, FG1 tii? S;�wc'r 1?la Ft uxte:n,3 o'-IS : i::t�l�_ 1 c. d�:pasi �'=3d t0 tT- i r, nat. "). EXTENSION FOP, DEVELOPMENT OF PROPERTY.- DEFINITIONS. (1) On-site maim - Mater and/or sewer mains tota- lly 717-hin o�� 7.71iacf�.­Kt to a tract of land to he sub-divided a.tici' &­v,.Lr�,ped for resale. (2) Off-sit,_, `44;o.-ter and/or sewer mains to- tally out Tdj(7 t-,.,act of land to be subdivi- ded and deve?o°-)cd, nr -c-sale. (13) Developer - Ownu-i o-1 - gent of the owner ri%b- divi_(Tir,garZ_i, s-talling -t.l it lities to serve 1(7) t or tracts for ru, -i1c �.,r lease as homes, ap, ar L- ments, commercial or indlisti-J(_L sites. (4) Evaluated cost - The cost of a water sewer 7i7_ ;sib l!.s ed by unit Va for the _­Lze of main arid appurtenances as with in this ordinance. (5) Over-size cost - The d`1*1L-(_--t-_L .'C;_. c­,ialucitad cost of the main �_­ ".')Uiit of Plain determined to be t1le. ,ainimum siz-:1-- J.'LJ_1_1i- I red to serve thi_l subdivisior. heing 8-inch water and/or sewer. (6) Proqrirarted, extension - Wat,::r and/or sewer tens in master plat: of systc;m design for funds have been spoc.1'.ically provided, Art. 6. INDEMNITY AGREEMENT. in tai, opiAon oi Director of Public 1%,orlks or the Direct ,-Z >J` "t"iitiest the Pr,-)- .;,3j:-ty is subject to flooding or the saniti.ry -"s subject to 'Jeing surcharged due t,) infiltratior or star.. or the pre- :,-,-.Ises is subject to being flooded by Fo,, ovee!­..-trg,_;d r du to i_ts elevation in relation to the proposed. so. c,r 11i'11:11 the .�wner or developer of the premises s1,&I1 b,c -­_-aitary sowQr for service unless the owner or agrees to install neck or bdckflo-,,i valves in each house s,,_--,­r and agrees to 1.n'd",nni- fully the City of Wichita Falls and a it whole and harm_- 7-<, ,'_com-and against any and all damages, cosrs, or expenses of eve.,y ;-ing, character and nature, where real or asserted, accruing upon -,r about the buildings due to surcharge of the sanitary sewer, or storm drainage. Said agreement shall be executed by owner or developer of the property and filed in the deed records f Wichita County, Texas, and shall be a convenant run."ing with land and Shall be binding on the owner, his successors or assi- T l S . Art. 7. RIMS Or EXTENSION. - Where extensions of ,vater and sewer systems are required to serve property which has -Deep subdivided or platted for develor7a,;�nt and resale, water and s, :wer facilities may be Extended to such properties on the follow - ncc and.JIL accordance with resola+ion No. 297 and RLi_'Li:P.1UTrL �:Lal,,,Ilards and f-.rocc.durc�s described (a) It shall be unlawful -,.;r-v-e or any (-) c, a n y !I- r -)art the or foy the usG T rl.-t qurclLascf of said land, or a,'' i; tl-eroof, wit', J) COT111-2Ct tORS unless an,. ­,:nt_� I ..:,_1,,h plan, 3-)lot, o_-r" --plot- o­ tract of laiid sl J, a_ I c to t1ha plattinc--, e qi, i -r a - nd cis bi��en a�,­.-,roved by 4-h6 CJ` �2 C- tv of V.1ichita Fdilj a �L. L ; L of said City. W Extensions within pro-,p,�)rty to be developed. In -no w i _1ov­l­,-)ors be allowed water and sewer connections to ',-Ms systems unless t1te developc:rs and owns rs C 6, C? ,..K nrop,orty to the Ci Cy of Wichita Falls as soc)ri t i I L 1. 1. _,1 'arG fo2- nrc­ratior, b" the City' __3__ Wichita Falls. Art. 8. METHODS BY WHICH WATER AND SEWER MAINS FOR SUB - DIVISIONS OR DEVELOPMENTS MAY BE CONSTRUCTED.- (a) Water and sewer main extensions to serve a real estate subdivision to the City of Wichita Falls, plat of which has been finally approved by the City Planning Commission of the City of Wichita Falls, and filed for record, may be accomplished in the following manner: 1. By private contract: Upon approval by the City of Wichita Falls, a developer of an addition or plat shall design and prepare construc- tion 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 engineer shall be inked on standard 22 "x36" sheets of tracing linen. Plans and profiles shall be shown at scales of not less than one inch to 100 feet horizontal and one inch to 6 feet verti- cal. The engineer submitting the plans and profiles must be a Registered 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 facili- ties shall be approved by the City of Wichita Falls 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 sub- mitted to the City. Plans shall include a copy of the plat of the addition as approved by the City Planning Commission and recorded in the deed records of Wichita County, Texas. Upon approval of the plans by the City of Wichita Falls, the developer may enter into a contract with any qualified contractor or may himself construct the system as so planned; pro- vided, 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 Wichita Falls, to see that the installa- tion is made in accordance with the plans and the City's standard specifications which, in every instance, shall be a part of said installation contract. No installation of water or sewer lines will be glade at any other location except in a dedicated street, alley, or an easement running in favor of the City of Wichita Falls, which shall be filed of record by the owner of said Addition. Any such installation, when accepted by the City of Wichita Falls, shall become the property of the City of Wichita Falls, 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 Wichita Falls uses in its standard specifications which, in every instance, shall be a part of said installation contract. The City of Wichita Falls shall be naried as one of the beneficiaries in such bond. in the event the developer makes the installation ir:self, then he shall execute a performance bond in favor of the, City of Wichita Falls in the same form and conditioned in the saite; Manner as provided for in the standard contract documents used by the City of Wichita Falls in making contracts for water and sani- tary sewer installations. The City of Wichita Falls specifically reserves tre option to advertise for bids but will approve such action by tht Developer's engineer under satisfactory conditions. If the deve- loper desires the City to let the contract he must deposit with MMIM the City -cne total cost of all water and sewer facilities includ- ing off -site mains,, and prepare plans and specifications. Tho City of Wichita Falls will then construct the facilities; refund any excess money or require such additional money necessary to defray the total cost of the Utilities. Art. 9. LETTER OF INTENTION TO BE FILED WITH CITY. - Any developer desiring to make the installation of water snd sewer lines or either of them shall file a letter with the City of Wichita Falls stating that he elects to make installation under the pro- visions of Resolution 297 which said letter when received and acc- epted by the City of Wichita Falls shall then be binding upon both parties. Art. 10. CITY NOT OBLIGATED IF FUNDS NOT AVAILABLE. - In no event shall the City of Wichita Falls be obligated to proceed under the terms of this ordinance if funds are not available or if in the discretion of the City the extension may not be practical. Art. 11. EXISTING LINES EXEMPT. - All property platted into lots or tracts and having existing water and sanitary sewer mains installed by the City of Wichita Falls at the effective date of this ordinance shall be- exempt from the pro rata charges for the water and sanitary sewer mains as to the said existing adequate mains. Where such property is later subdivided, whereby an exten- sion of mains is required to serve same, then the terms of this ordi- nance shall govern. Where the property owner or developer has al- ready paid or contributed towards any of the existing lines. then the property properly served by the existing chins without exten- sion thereof shall be exempt from the pro rata charges for water or sewer conditions. Art, 12. PURPOSE OF CHAPTER; WHERE FRONT FOOT RULE INEQUITABLE;; - The intent and purpose of this ordinance is to pro- vide ar. equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in th,: City of Wichita Falls on a front foot basis. In case property or a tract cf land is so situated or Shaped that the front foot rule creates an in- equitable basis as between it and other tracts of land in the City of Wichita Falls, then; in that event, the Director of Public Works or Director of Utilities shall determine the proper charges in accord with the int,�:nt and purpose of this chapter. No person shall acquir,: any vested rights under the terms and provisions of this chapter. Arta 13. DEFERRED CHARGES. - All agreements concerning deferred pro rata charges for water and /or sewer service; shall be executed on forms approved by the City Attorney, and filed of re- cord in the Deed Records of Wichita County, Texas;: SECTION II. If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not aff, ct the validity of the remaining -carts of this ordinance. Thy B(_ard of Aldermen hereby declare that it would have pa --sed the r.uo,ining parts of this ordinance if it had known that such part or parts there would be declared invalid. PASSED and APPROVED this y o "ter, 1959. _77 o. 1'. rioncie rson, ulty tiler Pr�.parcd by Frank Gibson, City Attorney - -5 --