(A) City-developer agreement. The city and developer may enter into an agreement allowing for city participation in the construction of certain public facilities as outlined in this section and as provided in Tex. Loc. Gov't Code, Ch. 212, Subch. C, as amended.
(1) Oversizing. At the request of the city, the developer shall install oversized physical improvements within the limits of the proposed development with the city participating to the extent of oversized utilities and/or streets that may be required by the city, which is determined to be in the best interest of the public.
(2) Off-site public improvements. At the request of the property owner or developer, the city may consider reimbursement of costs associated with off-site public improvements, with the city participating to the extent off-site utilities and/or streets serve areas beyond the proposed development, which is determined to be in the best interest of the public.
(3) The city-developer agreement shall include at a minimum the following information;
(a) Property owner or developer name, address, phone number;
(b) Engineering opinion of probable cost for the proposed public improvements;
(c) The specified level of cost participation by the city, including a "not to exceed" statement for the city level of participation;
(d) Exhibits showing the proposed improvements; and
(e) Details on the process for reimbursement including but not limited to:
1. Requirements to receive reimbursement;
2. City participation shall be calculated based on actual costs and actual public improvements constructed;
3. Timing of reimbursement, to be after completion and final acceptance of public improvements, unless otherwise approved by City Council; and
4. The city-developer agreement, including the terms of financial participation, will be specifically approved by the City Council prior to the developer's installation of the public improvements.
(B) Facilities eligible for city participation. The property owner or developer shall be responsible for the entire initial cost of installing public facilities, including over-sizing. As funds become available, the city may participate in the costs of installing public improvements as follows:
(1) Generally. The city will pay only the cost of over-sizing facilities larger than those required to serve the development alone in accordance with the Master Thoroughfare Plan and the Water/Waste Water Master Plan. The city may participate in the costs of public improvements including but not limited to the water systems, wastewater systems, streets, and drainage systems that are not for the primary benefit of the proposed development and that have been oversized to serve developments other than that for which the plat has been submitted for approval;
(2) Streets. The city may participate in the cost of street improvements to alleviate traffic problems on a case-by-case basis.
(3) Water and sanitary sewer lines. Any water or sanitary sewer line that exceeds eight inches in diameter, and is required by the Public Works Director or city policy to be sized above eight inches in diameter in order to serve properties beyond the boundaries of the subdivision or property being developed, may be eligible for oversize reimbursement. In the event the city determines that a water or sanitary sewer line size greater than eight inches in diameter is required to serve the development alone, no oversize reimbursement will be paid.
(4) Drainage facilities. The city may participate in the costs of drainage facilities required to accommodate potential runoff from an upstream drainage area. This may include additional detention storage or the increase in capacity of downstream drainage structures.
(5) Proportionate share studies. Where a traffic impact analysis, water study, wastewater study, drainage study has been required by these regulations and accepted by the city in order to determine the proportionate costs of facilities attributable to the development, participation by the city in the costs of such facilities will be limited to the costs not attributable to impacts from the subdivision.
(C) Developer/owner's responsibility.
(1) Improvements serving the development. The property owner or developer shall be responsible for the entire costs of designing and installing all public improvements that primarily serve the development. Facilities required by these regulations shall be considered as primarily serving the subdivision or addition unless otherwise determined by the city.
(2) Required oversized improvements. The property owner or developer shall be responsible for their share of the costs of oversized or off-site public improvements needed to ensure adequacy of public facilities and services for the addition or subdivision, subject to participation and escrow policies contained in this section.
(3) Extension of utilities. The property owner or developer shall be responsible for extending streets, water, wastewater, or drainage facilities off-site to their property in accordance with the Master Thoroughfare Plan, Water/Waste Water Master Plans, or as required by the city to ensure adequacy of public facilities.
(D) Limitations and exceptions. The city shall not participate, unless the city determines it's in the best interest of the public, in the following cost:
(1) Those portions of the costs of any public improvements that primarily serve the subdivision or addition;
(2) Costs of construction for streets built wider than called for in the Master Thoroughfare Plan;
(3) Costs of streetlights, decorative finishes, or other similar expenses; and
(4) Costs of retention/detention ponds or slope protection;
(Ord. 06-2021-29, passed 6-22-21)