HomeMy WebLinkAboutOrdinances (O-76-238)-08/03/1976
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~HI~N~!\..j~76 -238
VO:.O.'-01. PA,;F iJ.;.I'i:
MANDATORY SEWER USAGE
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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.
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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
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THEREFORE, BE IT ORDAINEP BYT.ijE Cit~ Counc of the City of Colleyville
that: : .),;::..t ,,{.
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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
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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.
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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.
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Sectiob. E,fjt.as stated above
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s agreledlyplby the City of
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AdI1lin~tr,~;~~tm dated
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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
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J.9? NIA. 4NDREWS, Mayor
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VOL 61H1 PAG~927
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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
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Form FlnHA-'lX 442--.
Community Facilities
I\lblic Body
(Rev. 7-31-74)
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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
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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.
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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
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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.
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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,
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City Secreta.ry
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