§ 24-82. Water and wastewater main extensions by developers.

(a)

Basic policy.

(1)

Connection to water, wastewater, and gas systems. All subdivisions and each lot to be developed within the city and its extraterritorial jurisdiction shall be served by an approved water supply and distribution system, an approved sewage collection and disposal system, and an approved gas distribution system. No development within the city limits shall be approved unless adequate assurances are provided that such development will be connected with the city's water supply and distribution system, with the city's wastewater system, and the city's gas system. No building permits shall be issued until satisfactory evidence of such connection has been provided.

(2)

Responsibility for installation and extensions. The developer shall construct all water, wastewater, and gas facilities needed to serve the development and, pursuant to a development agreement with the city, shall construct or finance all water, wastewater, and gas mains and appurtenances, including major distribution and collection facilities, necessary to connect the development with the city's water supply and distribution system, the city's wastewater system, and the city's gas system. Mains to be extended shall be of a size sufficient to serve the development and all other properties to be served by the facility, as determined from an analysis of the city's master plan and capital improvements plans, as may be amended from time to time. All costs of installation shall be borne initially by the developer, subject to city participation in oversize costs pursuant to subsection 24-83(a)(4) and subject to reimbursement from other developments. Requests for city extension of water, wastewater, and gas mains shall be as provided for in subsection 24-83(a)(3).

(3)

Condition of main extension. Authority to extend water, wastewater, and gas mains to serve newly subdivided or platted land shall be granted by the city only upon a determination by the director that all water, wastewater, and gas facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land.

(4)

Minimum standards. Mains shall be installed and extended in accordance with the following standards:

a.

Location of facilities: The location of all water, wastewater, or gas mains necessary to serve newly subdivided or platted land shall be in accordance with the city's master plan and capital improvement plans, as may be amended from time to time.

b.

Construction standards: All water, wastewater, and gas facilities required by these regulations shall be constructed in accordance with the requirements and specifications of the city.

c.

Size of mains: Water, wastewater, and gas mains shall be sized and designed in accordance with the city's master plan.

d.

Items included: Mains to be constructed shall include all valves, manholes, piping, fire hydrants, and other appurtenances, including any lift stations or pumping facilities necessary to connect the property with the city's water, wastewater, or gas system, as determined by the director.

e.

Extensions within property to be developed: All water, wastewater, and gas mains shall be extended through and/or across the frontage of the property to be developed in streets, alleys, or in easements to the tract or addition in order to provide service to adjacent property where applicable.

f.

Acquisition of easements: The developer must obtain all offsite easements which are necessary for extending water, wastewater, and gas mains to and through the property being developed. However, the city may acquire such easements, or portions thereof, if the city council determines such acquisition is in the public interest. A metes and bounds description and a drawing of each easement must be submitted to the director in order for the proper legal document to be prepared. The document will be sent to the developer for acquisition of the required signatures. The executed document will be returned to the director for filing with the county clerk.

(b)

Master plan. The city's master plan is the plan adopted by the city council for the orderly extension and development of the city's water distribution, wastewater collection systems, and gas distribution systems. Such a plan may be adopted, amended, changed, or supplemented by the city council only after a public hearing is held by the city council on the adoption, amendment, change, or supplement to such plan. Notice of such hearing shall be given by publication in a newspaper having general circulation in the city, stating the time and place of such hearing, which time shall not be less than fifteen (15) days after the date of publication, exclusive of the date of publication and hearing.

(c)

Development agreements.

(1)

Agreement required. Prior to extension of any water main, wastewater main, or gas main for which there is city participation in the project costs, or prior to construction of any main or appurtenances thereto which is identified in the master plan for water, wastewater, or gas facilities, the developer shall execute an agreement with the city in a form approved by the city attorney containing the following:

a.

Construction plans approved by the director demonstrating compliance with all city standards and regulations;

b.

Appropriate provisions for providing security in a form approved by the city attorney;

c.

Offers to deliver to the city clear and unencumbered title to all proposed water, wastewater, or gas facilities prior to the time of acceptance by the city;

d.

Offsite easements necessary for the extension of water, wastewater, and gas mains;

e.

Designation of the extent of the city's participation in construction costs and the sources of reimbursement from fees to be collected from other developments;

f.

Agreement to cooperate with city inspectors and to abide by all rules and regulations relating to city inspection;

g.

Agreement to maintain the facilities until such facilities are accepted by the city and a warranty that the facilities will be free from defect for a period of one (1) year following the acceptance by the city of the dedication of the facility. This warranty obligation may be met by securing a warranty of the facility from the general contractor which is transferred to the city at the time of acceptance of the facility;

h.

When required by applicable state statute, an agreement to abide by the competitive bidding requirements and procedures set forth under state law.

(2)

Procedure for submission of plans.

a.

Upon approval by the city, a developer of a subdivision shall design and prepare construction plans of water, wastewater, and gas main lines. 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. Such construction plans shall be approved by the director prior to the submission of a final plat by the developer to the city. The developer shall submit such construction plans to the director at least fifteen (15) days prior to the date approval is needed by the developer.

b.

Plans and profiles submitted by the developer's engineer shall be prepared on standard twenty-four (24) inch by thirty-six (36) inch sheets of tracing paper. Plans and profiles shall be shown at scales of one (1) inch to fifty (50) feet horizontal and one (1) inch to two (2) feet vertical, or at a scale which may be approved by the director. The engineer submitting the plans and profiles must be a registered professional civil or sanitary engineer in the state, and he must affix his seal and signature to the tracings of all plans and profiles.

c.

The completed reproducible tracings for water, wastewater, and gas plans and profiles shall be submitted to the director for approval, accompanied by two (2) copies of the plans and profiles of the storm sewers and street grades as approved by the director, and one (1) copy of the proposed plat of the subdivision. Upon final approval, these reproducible tracings will be returned to the developer's engineer for the purpose of making such prints as he may require, after which the reproducible tracings shall be returned to become permanent property of the city.

d.

Upon approval of the plans by the city, the developer may enter into a contract with any individual or may himself construct the system as so planned; provided, however, that the construction and installation of the water, wastewater, and gas facilities or either of them, shall be inspected 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 said installation contract.

e.

When the project is ready for construction, line and grade stakes will be set by the developer's engineer and inspected by the director; but these stakes will not be set until after the developer's engineer has properly staked on the ground all points of curves, all points of tangency, and all block corners. All lot corners within the subdivision will be properly staked on the ground as required for construction. All lot corners within the subdivision shall be staked by the developer's engineer and inspected by the director prior to the construction of any water distribution lines, installation of water meters, gas meters, wastewater taps, and issuance of any building permits in the subdivision.

(3)

Security. The developer shall provide a surety bond, letter of credit or cash escrow as security for the promises contained in the development agreement. Such security provided by the developer shall be in an amount equal to one hundred (100) percent of the developer's portion of the estimated cost of completion of the required facilities. In addition to all other security, for completion of the water, wastewater, and gas facilities, the owner shall require a performance and payment bond from the contractor insuring completion of the project. Such performance and payment bonds shall be equal to the total amount set forth in the contractor's contract. Such bonds shall be provided to the city and name the city as an additional obligee. The insurer of the surety bond or letter of credit shall be acceptable to the city attorney. A required performance bond must be executed by a corporate surety in conformance with Texas Revised Civil Statutes, Article 5160.

(d)

Construction management.

(1)

Procedures.

a.

Preconstruction conference: The director may require that all contractors participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work.

b.

Conditions prior to authorization: Prior to authorizing construction, the director shall be satisfied that the following conditions have been met:

1.

All required contract documents shall be completed and filed with the director.

2.

All necessary offsite easements or dedications required for city-maintained water, wastewater, or gas facilities, not shown on the final plat must be conveyed solely to the city, with proper signatures affixed.

3.

All contractors participating in the construction shall be presented with a set of approved plans bearing the signature of approval of the director. These plans shall remain available to the contractors on the jobsite.

4.

A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times, must be submitted to the director.

5.

Three (3) prints of the utility plan sheet, scale one (1) inch equals fifty (50) feet and five (5) prints of the same, reduced to one (1) inch equals one hundred (100) feet, shall be submitted to the director, in addition to previous submittal of construction plans. As-built plans shall also be submitted to the director after construction is completed and prior to acceptance of the construction by the city.

(2)

Inspection of facilities. Construction inspection shall be supervised by the director. Construction shall be in accordance with the approved plans, standard specifications and standard details of the city. Any change in design required during construction shall be made by a professional engineer whose seal and signature are shown on the amended plans and shall be approved by the director. If the director finds upon inspection that any of the required water, wastewater, or gas facilities have not been constructed in accordance with the city's construction standards and specifications, the applicant shall be responsible for completing the water, wastewater, or gas facilities in accordance with said standards and specifications.

(3)

Maintenance of facilities. The developer shall be required to maintain all required water, wastewater, or gas facilities until acceptance of the facilities by the city.

(Ord. No. 91-101, § 1, 3-12-91)