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HomeMy WebLinkAboutOrdinances (O-76-238)-08/03/1976 V"ITTT?':l' 4 r"""--' FEB-za'77 , 1 0 2 4'-JLJcJLj~wD~'-'L 49 ~ r::n -' ,..." .....; v ~HI~N~!\..j~76 -238 VO:.O.'-01. PA,;F iJ.;.I'i: MANDATORY SEWER USAGE _ \"'-'f""C"o..V'o--\- Couon-\~ AN ORDINANCE ESTABLISHING MANDATORY USAGE OF THE WATER/SEWER FACILITIES; PROVIDING FOR ENFORCEMENT AND A PENALTY; PROVIDING FOR AN EFFECTIVE DATE AND AN EMERENCY CLAUSE. i j WHEREAS, the City of Colleyville has agreed to the conditions of a letter dated January 21, 1975, with the Farmers Home Adminstration; and WHEREAS, the first condition is that the City of Colleyville adopt an ordinance requiring mandatory usage of the proposed water / sewe r facilitie s \' :c;~ il~r: "J '~n-'-'~ ~f-':1~t'1f -,~ THEREFORE, BE IT ORDAINEP BYT.ijE Cit~ Counc of the City of Colleyville that: : .),;::..t ,,{. . ~., \,',",' )>" -~; ; .. ;i~;l' :7.'7;; ", ) Se ction 1. 0 Mandatory;U sa&rC;lJ!~,f..;~' '\''- A. For those;Ar.e.~'dent,.a s,5-ti.ced wi~,a se,we tap it shall be mandatory ",*. , ""c'O. . ~ that they c.~J'lbect o-e, ai~"f@-p withii:}. a re onable time as e stablisll~.if by th;:,;tfity oftd~t~ yv111g. ..:,',<;' ." ~ B. The res,'f!1.e"h't ho have connected onto the established sewer system'int.i.st~e said system to that end ahd pay the monthly sev.:er c~g.rge a'~ set in Water and Sewer Policy Manual. _.~ ,- Sectiob. E,fjt.as stated above i.; ,'0 "-."r~ s agreledlyplby the City of I.:',. ~ ,,'," ~I~ AdI1lin~tr,~;~~tm dated ~<':_;;~;~:. t# Section 4.0 A. Effe c ti ve Da te This Ordinance shall become effective and be in full force and effect from and after the date of its passage and adoption by the City of Colleyville, Texas, and publication thereof as prescribed by law. Section 5.0 A. Emergency Clause The fact that there is an imperative need for this ordinance creates an emergency, and the reading of this ordinance ORDINANCE 0 -76-238 PAGE 2 VDl6181 PAGf 92{j VOLU1.1E -4 PAGE ~ at more than one meeting is hereby suspended and this ordinance shall take effect and be in full force from and after that date of its passage at an single meeting and the approval thereof of the Mayor and the City Council. PASSED AND ADOPTED THIS 3rd Council of the City of Colleyville. day of August, 1976, by the City ) /~/-~ /~ !~tr<4- (r:- t"'~~ J.9? NIA. 4NDREWS, Mayor '-,-"Ii'-,. (?y '""1" '"'t. d,,,,;.(\!el/j ~\ '{ r () iflt., \.:" .......... i:'e. C' f"'r ...,,~ _..~) I,. ..~_ ..- ~'__ _ /' t ... .~...j' "~. f\\. ' .~ ":. -t- ~:~ ,"., .rn ...t ~ :-.r.' . o . 'It_. .... _'~ " ..:...:--: ... ;'~~- ."',..,,"" c._.. -~ ....~ "- ,~, Y.v..II..' ~ i" ~ , '" , --;, '''''\0. '-? ";''''- '"'~~f:cJ:.i' "'1.-3 L ~~: ~~ - ~ f; '~i of! ~ -"i'" ~( ~'.' ~-~ .j~/.Lj-~;. t' i~/::~....:,€: :~, :,'.',: ..r-:~; '9, ' .,. i '~7:$f:- .,~~iy"'-~'~ .~ VOL 61H1 PAG~927 r \'- ~:~"ir'i,~S "( r~}\J" ' . "~i.v.,f>," ",\1 ~11 ~ \ ,-S \ \\ it' 'l .,~, ~\, t.l \-\ \j " .: ~ ",to. \) ~ \" '< I', .J\ t, CO\\l\\~~" __\)~~ ~'(~. SliAvE OF TEXAS t COU'~TY OF TARRANT J , herety eertify t~2t this instrument ~ R!.,E1) ~ "" 1f9f~ :l1Id at the time stam~ed hereon hy me ll'ld ~ dillY 1IIl:WS<DEl) in the Volume and Page of tile DEED RECORDS of farral'lt COunty. Texas as stamped hereon by me. fEB 25 19T1 COUN1Y CLERK IARRANI c.QUl'{1Y. TEXAS -----~-~..-.._--_.-~._--,~~---~---_....~'--'---,.~ ~ ~ ~ (' ~ J~ .l.- f Form FlnHA-'lX 442--. Community Facilities I\lblic Body (Rev. 7-31-74) f2t:f! . r--: l '= q - ': 0:1 :-)(-'~ ) _ iI. / UNITED STATES DEPAR'lNENT OF AGRICULTURE Farmers Home Administration 'Rocm 9A15 Federal Building 819 Taylor Street Fort l>1orth~ Texas 76102 DATE: J:v-n1:::L'7 21 t 1915 . Honorable John M. Andrews l-f..ayor. City of Colleyville Post Office Box 185 Colleyvil1e, Texas 76034 Dear Mayer Andre'l,7s: This letter establishes conditions which must be understood and agreed to by you be fore further consideration may be given to the application and which must be met before the loan can be clo sed or construction begun. This letter is not to be considered as loan approval or as a representation as to the availability of funds. The docket may be completed on the basis of a loan not to exceed $ 3,200,000. The loan will be scheduled for repayment over a period not to exceed 40 years at the interest rate in effect \'1hen funds are obligated. A cash reserve .fund will be established in an amount equal to one armual install- ment as set out in the bond ordinance. Ple~se~mp~~te and]eturn the attached Form FmHA 442-46. Letter of Intent to Meet Conditions, if you desire further consideration be given your P licatJ..on - -' , ,Ii. . _ - __.. _ l._, a p . IJII<~ :.; ~ .:~= H(.u::' ,'fi .-, Ic- r"..J ~- II '(/:;" If the conditions set forth in this letter cannot be met \'rl.thin 90 days, it may become necessary for Farmers Home Administration to ~lithdraw its offer. Follmdng are the conditions that must be understood, agreed to, and met: 1. USE OF FACILITY district l'1hich The a licant 2. REPAnIiENT SCHEDULE Interest during construction may be included in the loan to ~ interest until the facility is in full operation. Principal payments may be deferred for three full years after loan Closing. Form FffiHA-Tx 442-< Community Facilities Public Body (Rev. 7-31-74) 3. ~~'I':ftIB!!I'ION BY THE APPLICANT AND USER V~uFIcATIOrL Page 2 llLc;n water and -..; sewer customers will have signed "later/sewer user agreements with the city/district and will have made cash deposits of $ -- each. Verification of users will be made by the district director using Form FinHA-Tx 442-4. 4. ~lULTlPLE ADVANCES. In accordance with FroHA Instructions 442.1, Appendix C, Paragraph 1823.45, multiple advances ldll be used where bonds serve as security. 5. 9;;~UR1TY ~-!ENr.S Revenue bonds in the amount of $2.000.000. General Obligation bonds in the amount of $1.200.000. ,,,"ill be voted and delivered to Farmers Home Administration. 6. i?~AE!ZAT:I;9N FUrnish a complete list of officers and type of organization whether city, township, water control and improvement district, authority, or special purpose. 7. ~S~S? OPERAT~QNp A. The facilities will be operated by the governing body in accordance with state laws, bond ordinance or resolution, and the bonds serving as security for the loan. B. The loan is subject to the provisions of the Civil Rights and Equal Opportunity La~V's. The applicant rrnlst agree to comply lvith these requirements by executing Form FroHA 400-4, Nondiscrimination Agreement. C. As a part of t~ docket, the a:ep.~~~t "d1.:LP!'.e.E~!:l~_.f9r.,.farmers Home Administration's reviet1T and aJ>:p~oval ~~~agement p}anL ~~c~li ty ma:intenance plan, and a proposal for the maintenance of accounts ana recora5 and-Obtaining audit reports. Such plans should include written agreements for management, maintenance, accounting and auditor services. 8. !!J~~f!... ~__!p~ING A. The buildings and removable parts of the facility ldll be covered by insurance covering the usual hazards in the area in an amount approved by the Farmers Home Administration prior to the final inspection. A copy of the insurance policy will be furnished to FhiliA. Public Liability and Property Damage Insurance \vill be required accor~g_~o.,_!:~~~!l~~~!Q~_~ _9J~_i!.l:1~ _ c:~t-y...!..~g~W~er and attorney. rIorkman' s compensation insurance will be carried as required by state law. Form FhlHA-1'x ~-J.' Comrmmity Facilitie s Public Body (Rev. 7-31-74) Page 3 B. The position of the Secretary-Treasurer \'Jill be covered by a fidelity .bond in an amount sufficient to cover the amount kept on deposit at any one time. A- copy of the bond \dll be furnished at loan closing or prior to beginning construction, \-lhichever occurs first. 9. CONSTRUCTION A. All construction \'Iill be on contract documents 3:.~._C?utlined _~RnHA lnstructions 442;l:-Yo~eng:U1eer~attorney t and Farmers Home Administration \\.fil assist you with this. B. Your e~ineer ~_, '_"'p-.!'ep8:X'~._ ~_~E~~~ct:!-on ~.o~t~~ct__ ~~c~~~!l~::> and specifications using FlnHA Instructions 442.1, Appendix B, and state ~ppl~me~~s. -, -- --- -.. - . . .-- C. A letter must be obtained from the Texas \~ater Quality Board to th~.-:=~ffe~t_:t..hat these. facilities \rill not result in pollution of vl,~te~s of th~_~t~~_El, .~_,~~~~~~C?!'_t-~~._~andards established by that agency. D. After the final plans and specifications have been approved in writing by the Texas State Department of Health and the F1nl-t.A engineer, and the final docket forwarded to the state office by the county supervisor, construction bids may be received. Farmers Home Adminis- tration must be represented at all bid openIngs and negotiations. E. When bids have been received and it is determined that construction can be completed within the funds available, the successful bidder(s) must be advised that loan funds cannot be made available until all requirements of the closing instructions have been met. F. Executed contracts a.'1d bonds are to be approved in writing by the State Director before any construction is started. G. Construction of the distribution system will not begin until the Hell (if applicable) has been drilled, tested, and accepted by the city, mHA, and the Texas State Department of Health. H. In accordance with FlnHA Instructions 442.1, Appendix B, Paragraph 1823.33 any changes in construction, addition, and/or deletion will be made only on written change order, Form FmHA. 424-7, Contract Change Order. Approval by the governing body is required before any \-lork is done. I. A representative of the city or district will monitor and provide a report to RnHA on actual performance during construction. The reports will be prepared in accordance \"lith FTnHA Instructions 442.1, Appendix B, Paragraph 1823.:U. All estimates for payments to contractors \1ill be made on Form F\uHA 424-18, Partial Payment Estimate, prepared by your engineer, approved by the governing board, FmHA engineer (if applicable), and county supervisor. Form FmHA-nc.442-< Co~ty Facilities Public Body (Rev. 7-31-74) Page 4 Two additional copies of this letter and attachments are :for your use. One copy has been :furnished your engineer. and one copy should be given to your attorney. I want to meet with the governing board, your engineer, and attorney so that we may discuss the contents of this letter. ADDITIONAL REQUIREMENTS: Form FHA. 442-47, Loan Resolution, will be adopted and executed by the appliC<lnt prior to issuance of closing instructions. Tlrls resolution must include a stat:f"mPnt that the city will have all certificates of obli- gation re-issued as Revenue and Tax Bonds wilen the facilities have been completed. This 1s in accordance with our letter from Mr. Elbert Morrow, of the firm of Dumas, Huguenin, Boothman and Morrow, Bond Counsel for the city (copy attaChed), dated January 3, 1975. Atta~hmPTlts MINUl'ES CITY COUNCIL CITY OF COLLEYVILLE JANUARY 4, 1977 The regular meetlng Of the Clty Councl1 of Colleyvl11e waS called to order by Mayor John A Andrews on January 4, 1977, at 7:30 P.M., the Colleyvllle Clty Hall. The lnvocatlon waS glven by counc1lman Don G1l1ham after whlch Mayor Andrews led the pledg~ of alleg1ance. Roll Call: Councl1men Hanlten, Foreman, Gl11ham, Thompson, and Vlncent were present. Also present were C1ty Attorney W11bur T. Knape and C1ty Secretary Julle R. Kearley. Counc1lman Dav1d Hanken moved to approve the m1nutes of the December 21. 1976 meeting. Councl1man Da~ld V1ncent seconded. All members present vot1ng for the approval of the mlnutes. Correspondance: None ( Old Bus lness: 1. Knowlton-Engllsh-Flowers, Inc. Questlons concernlng the contract wlth the c1ty were answered by Dav1d Wash1ngton. Counc11man G1l1ham felt the contract was ratb.er loose and not much to fall back on. He felt the addlt10n of comment and recommend to most 1tems would take care of the problem. Councll.Ii1an G1l1ham made a mot 10n to "'amend the contract to read comment and or recommend on ltems 1.2,4.5,6.7,8,9,10. en every 1tem and add to 1tem 12 after rev1ew to comment and or recommend. Th1s amendment was seconded by Counc1lman Han!ten. Mr. Knape saw no legal problems w1th th1s matter. Counc11man Hanken moved to adopt the the contract as amended and waS seconded by Counc1lman Thompson. All members vot1ng for. The contract w1l1 be executed by Mayor Andrews and returned to Knowlton-Eng11sh-Flowers. 2. Report on negot1at10ns between T~1 County and TP&L was glven by Councllman Hanlren. Tr1 County lawyers have recommended that the utl1ity officials wait unt1l the state Publlc Utl1ity Comm1ss10n makes their ruling on sim11ar cases now before them before they consider the Colleyville matter. Counc 11man Hanken made a mot 10n that a letter be drafted akltlng TP&L to verify the1r deslre to serve the portlon of Colleyville now being servlced by Tr1 County by written not1ce. Seconded by Councl1man Thompson. All members vot1ng for. 3. The b1d from Cooper Mach1nery Corp for I used rebu11t Austin-Western Model 99H Motor Grader 1n the amount of $8.500.00 and the new recap spare t1re and wheel for an additional $250.00. was read by Mayor Andrews and a motlon to accept thls b1d made by Counc1lman Hanken seconded by Counc1lman Foreman. All members present votlng for. l NEW BUSINESS: 1. Bob Danlels-Texas POW~E and L1ght came before the Councll wlth a Rate Increase Request. Mayor Andrews read the statement of 1ntent from Texas Power and L1ght asklng for a rate 1ncrease of 34% subm1tted by H. B. Danlel. Jr. Manager of th1s l MINUl'ES CITY COUNCIL JANUARY 4, 1977 PAGE 2 area. A letter from Texas Municipal League concerning this rate increase was also read dated December 30, 1976. The floor was given to Mr. Daniel to present his case for Texas Power and Light, and he was assisted by Mr. John Whitmire. After presentat ion, a lengthy discussion followed and a, question and answer period followed. There was some question about length of time to act on the rate ,increase after the Public Utility Commission took action. Councilman Vincent thought it should be denied until the PUC maltes a decision and then the case could be re-presented. Councilman Hanken moved that the rate increase by T.P.&L. be denied. Councilman Gillham seconded the motion. All five - Councilmen present voted for the motion, request for an increase denied. Councilman Gillham shocked at the 34% increase and if we don't watch it, we will worlt ourselves into a blanlt checlt approach. Councilman Foreman felt that there has been an over-reaction to supply of fuel; there needs to be more research into supply of gas. ' 2. A lengthy discussion of the sewer tie in's and related problems was held. Councilman Hanken felt that six months was a reasonable time period for homeowners to tie in to the ststem. There are numerous homeowners with sewer related problems malting no efforts to connect to the working system and some causing additional street problems due to the pooled water. Mayor Andrews read ordinance 076-238 (Manditory Sewer Use) and a motion was made by Councilman Hanken that the reasonable time period should be no later than April 1, 1977 subject to an extenslon of 60 days for good caase (determined by the Dlrector of Publlc Works).' This motlon was seconded by Councilman Vincent with all members of the Council voting for. Councllman Hanken requested that the city take posit lve action of notification. Mayor Andrews suggested that a rubber stamp be placed on water bills stat ing date of compulsory hoolt up, amount of fine possible, and ordinance number. Councilman Gillham requested that we zerox some copies of the Ordiance 076-238 and have for citizens at their request. Mayor Andrews felt that after four years of worlt toward t he sewer syst em t hat everyone knows where it is. Everyone's tax money goes to pay for the bond lndebtedness wheat her they have the use of the sewer or not and have been notlfied of the manditory connection by meetings, media, ordinances, and public hearings. He felt a slmple notlce of the avaIlability should be sufficient. 3. Proposals were f~nished by Circle C Construction and B & R Plumbing to furnish Baclthoe and Operator for the purpose of laylng an 8" water line on Jacltson Street. After some discussion it was decided that B & R Plumbing would do the job for the clty. This being a budgeted item no Council action was necessary. . Mayor Andrews at this time announced a TOWN HALL Meeting this Thursday to discuss the Charter. He requested all Councilmen and Charter Committee Members be present. ( ( ( MINUTES CITY COUNCIL JANUARY 4, 1977 PAGE 3 There being no further business a motion ,was made to adjourn the meeting by Councilman Hanken and seconded by Counc1lman V1ncent. All present vot 1ng for. Respectfully subm1tted, ~:~ City Secreta.ry (