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OR 115 Establishes a "Pro Rata" charge against each & every tract of land & owner AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 115 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING A "PRO RATA" CHARGE AGAINST EACH AND EVERY TRACT OF LAND, AND THE OWNER THEREOF WHOSE WATER OR SEWER LINE SHALL HEREAFTER BE CONNECTED TO ANY WATER OR SEWER MAIN WITHIN THE CITY; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIO- LATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING THAT THIS ORDI- NANCE SHALL TAKE EFFECT 30 DAYS FROM AND AFTER THE PUBLICATION OF ITS CAPTION AND THAT ANY PROPERTY CONNECTED TO THE CITY WATER OR SEWER PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE EXEMPT FROM THE PAYMENT OF THE PRO RATA CHARGES ESTABLISHED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITIONS. The following definitions shall apply in the construc- tion of this chapter: City Engineer. The engineering firm or individual under contract with the city. (Must be a registered professional engineer in the State of Texas.) The actual user of water from a city water Consumer. connection. Property Owner. The record title holder or premises served with water from a connection by the city. Pro Rata. A charge made against the consumer or prop- erty owner to pay for installation of water and sanitary sewer mains as provided for in this article. Standard Size Water Main. or greater in diameter. Substandard Size Water Main. six (6) inches in diameter. A water main six (6) inches A water main less than SECTION 2. PRO RATA CHARGE ESTABLISHED. 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 to any water mains or sewer mains in the City. The charge shall be based upon the following rates, however, such rates shall be reviewed by the City Council every six (6) months to maintain such rates at an equitable portion of the total cost of such water and sewer mains: (a) For tracts of five (5) acres or more, and tracts of three to five acres with at least one acre for each 200 feet of frontage as defined herein: (1) per acre of land to which water service is provided. (2) per acre of land to which sewer service is provided. (b) For tracts less than three acres in area, and tracts of three to five acres with less than one acre for each 200 feet of frontage as de~ fined herein: (1) per front foot of the lot or tract of land to which water service is provided. (2) per front foot of the lot or tract of land to which sewer service is provided. The front foot rates shall apply to property fronting on streets in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed one hundred and fifty (150) feet. Where lots or tracts have a greater depth than one hundred and fifty (150) feet from the front street line, and are occupied or are to be occupied exclusively as dwelling places, then the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains to serve same, then the terms of this article 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 two hundred and sixty (260) feet or more, then the pro rata charges herein provided for shall be paid on both frontages when a connec- tion is secured to the lot or tract. Where lots or tracts are irregular in size or shape, then pro rata charges shall be based upon equivalent rectangular lots or tracts using one front foot for each one hundred and fifty (150) square feet. When lots or tracts are intended to be used for busi- ness, commercial or industrial purposes and have a depth greater than one hundred and fifty (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 one hundred and fifty (150) feet frontage for each corner of the property abut- ting a street intersection. Should such property be resubdivided whereby water main extensions are required to serve the same, the terms of this article shall apply. In addition to the pro rata charge the property owner must pay a connection charge as established by the City. SECTION 3. EXTENSION FOR INDIVIDUAL OWNERS° (a) Generally. Upon request of the owner, or his agent, of a given lot or tract of land, for the purpose of this article known as the "applicant", accompanied by a payment of the charges due under this article, the City may extend, lay or con- struct all necessary sanitary sewer and water mains, including valves and hydrants, a distance of one hundred (100) feet, plus the distance across the frontage necessary to provide the service for which application has been made. The property owner to be served shall be required to pay the charge herein provided for. The owners of all inter- vening property served by the given main extension shall be required to pay the charges provided for herein at such time as their property is con- nected to the mains thus laid. Where an appli- cant for service secures an extension and service under this particular option for main extension, he shall pay the pro rata charges on all property owned by hi~ which is served by the extension re- quested. In applying the one hundred (100) foot rule, the required extension of mains shall be figured in such a manner as to.leave out of the calculations 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 article. An exception to the above one hundred (100) foot rule shall be made where two (2) or more in- dividual applicants desire water and/or sewer ser- vice and the nearest applicant is more than one hundred (100) feet from existing lines, in which case the City may extend its mains upon payment of the charge due under this article, provided there is one customer for each one hundred (100) feet of such extension, excluding street intersec- tions and that portion of the extension adjacent to property already having other than temporary water and/or sewer service. (b) Optional Method. At the option of.the City, the following method for extending water and sewer mains may be used where the applicant's property is more than one hundred (100) feet from an existing water or sewer main. This method shall be available only for the.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 option, the owner may advance and pay to the City the entire pro rata costs as set forth in this article on all property served by the desired main extension, and the City, when such money has been actually deposited, will con- struct the desired water or sewer main along a street, alley or easement. When any property for which such person,has advanced the pro rata costs is connected to the main extension, then, in that event, the pro rata cost connected on ~at particular property shall be refunded by the City to the person making the original deposit. In determining the basis for assessing pro rata charges,.the provisions as set forth herein shall apply; however, in determining pro rata for off-site mains, the front foot method shall apply, and refunds to the original depositor shall be made on the basis of the front foot plan regardless of the basis applied when assessing the adjacent properties. (c) Extension For Industry or Commercial Concern. Where an extension is requested by an industry or commercial concern using large quantities of water and which cannot meet the requirements of one cus- tomer per one hundred (100) feet of extension, such extension may be made at the discretion of the City, provided forty per cent (40%) of the estimated an- nual revenue from such customer will support inter- est and principal payments on ten (10) year loans on the cost of the extension, at six per cent (6%) per anum. SECTION 4. EXTENSIONS FOR PROPERTY SUBDIVIDED OR PLATTED FOR DEVELOPMENT. (a) Where extensions of the water or sewer system are required to serve property which has been subdivid- ed or platted for development and resale, the City may, at the discretion of the City Council, con- struct such off-site mains as necessary to serve the property providing that the property being serv- ed contains at least five acres and the pro rata charges as prescribed herein are equal to an amount of not less than twenty-five per cent (25%) of the cost for such main extensions. (b) Where extensions of the water and sewer system is requested and extension,of the system does not meet the above requirements, the service may be provided under the following conditions: (1) The developer may deposit with the City an amount equal to the total..cost of all off-site mains necessary to connect the system with the proposed development, less the additional cost involved in installing mains in excess of eight inches (8") in diameter. (2) The developer may proceed with extension of mains necessary to connect the system with the proposed development under separate contract, with all cost being borne by the developer, (d) providing that plans and specifications have previously been approved by the City and further providing that the contractor is properly bonded and insured. Upon completion of the project, a maintenance bond shall be furnished to the City to insure all materials and workmanship for a period of one year. Provision for any refund to the developer shall be set forth in a separate agreement with the City. After the project has been completed and where there exists a separate agreement con- cerning refunds to the developer, the developer may file a statement of charges with the City, and after acceptance by the City Council, the statement will be processed for refund to the developer under conditions as shall be set forth in the separate agreement between the City and the developer. Any refund for costs incurred by the developer for extension of off-site mains in excess of 8" in diameter shall be set forth in a separate agreement between the developer and the City. Refunds to the developer. The developer will be entitled to refund of all the cost incurred in ex- tension of standard size off-site mains, excluding the amount of pro rata applicable to his develop- ment as prescribed herein. The total refund to the developer shall not exceed the amount of his deposit (less applicable pro rata) as defined in paragraph (b)(1), or the amount of his statement of charges, (less applicable pro rata), as defined in paragraph (b)(2) of this Section. For good and valuable consideration, the City may by separate agreement waive or exempt the pro rata (e) charges herein established provided the City Council finds that such consideration is reason- able under the circumstances. In each such case waiver of pro rata charges shall be by separate written agreement describing the exact property so exempt. Separate pro rata ordinances in effect at the time of the adoption of this ordinance shall · remain in full force and effect. The developer will bear the total cost of on-site mains, with plans and specifications to be ap- proved by the City, except that the City will re- fund the cost of mains in excess of 8" in diameter. SECTION 5. PRO RATA PERIOD. There shall be a maximum of ten (10) years as a period of eligibility wherein the original..depositor may request a refund of pro rata payments made under this section. The period of eligi- bility shall begin as of the date of final inspection and acceptance of the extensions by the City. SECTION 6. TEMPORARY LINES. Where temporary lines are constructed as in expedient to develop a particular area, such as across easements within the subdivision on which no frontage can,be connected, or where sewers are constructed which otherwise are .not required in the ultimate plan of development for the sanitary sewer system, the developer will bear the total cost without refund. SECTION 7. LACK OF FUNDS FOR EXTENSIONS OR REFUNDS. In no event may.the City be required to make extensions or refunds under the provisions,of this article if there are no funds available for the purpose. SECTION 8. THIS ORDINANCE IS NOT EXCLUSIVE AS TO COL- LECTION OF CHARGES. Nothing in this ordinance shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata costs against the consumer and property owner, and shall not be deemed in any manner to be a waiver of the City's right to validly assess the property owners or consumers concerned for costs of the installation of standard size water mains and to fix and enforce liens against the property, all of which may be done as provided by ordinance in the manner prescribed by law. SECTION 9. REPEALING CLAUSE. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby re- pealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 10. SEVERABILITY CLAUSE. If any article, paragraph or subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 11. PENALTY CLAUSE. Any person, firm Or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed the sum of Two Hundred Dollars such offense is offense. ($200.00) for each offense and each and every day continued shall constitute a new and separate SECTION 12. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the publication of its caption and any property connected to the City water or sewer prior to the effective date hereof shall be exempt from the payment of the pro rata charges established herein. DULY PASSED by the City Council of the City of Coppell, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ATTORNEY