(a) No extension without plat. Except in those instances where a plat is not required by law to develop property, the director shall not permit, and no person shall provide, extension of water or wastewater service to a lot, tract or other parcel of land unless:
(1) the lot, tract or other parcel of land has been platted in accordance with the requirements of this code and state law;
(2) the plat has been released for filing by the director and given final approval by the city plan commission; and
(3) the plat has been filed for record in the plat records of the county in which the lot, tract or other parcel of land is located.
(b) Plat approval guidelines. In addition, the following rules apply to the release and approval of plats by the city:
(1) The city plan commission shall not approve a plat for filing without a release from the director verifying that the plat conforms to the city’s requirements for water or wastewater utility development and otherwise conforms to the general plan of the city for water and wastewater extensions.
(2) The city plan commission is not obligated to approve a plat nor is the director obligated to release a plat if the mains proposed to serve the development exceed the existing capacity, or the immediate future capacity, of the water or wastewater system to adequately and economically serve that development and other adjacent property.
(c) Preliminary layout. At the same time that a preliminary plat is filed for consideration with the city plan commission, the developer must submit the following to the director:
(1) a preliminary layout or site plan showing the location and size of all mains, valves and hydrants necessary to serve the proposed development;
(2) designated locations of dedications or public easements, proposed or existing, necessary for the laying of all mains and appurtenances, to be indicated on the layout or site plan; and
(3) the design review fee charged by the director in accordance with Section 49-18.14(a).
(d) Design criteria. All layouts and designs for proposed mains and appurtenances, whether preliminary or final, must be strictly in accordance with the Water and Wastewater Design Manual of the department. The director may refuse to release any plat for approval by the city plan commission where the criteria of this manual are not met.
(e) Preliminary design phase. Upon review and approval of the preliminary layout or site plan, the developer may proceed as follows:
(1) The developer may begin the preliminary design of water and wastewater mains and appurtenances for the proposed development, in accordance with Subsection (d).
(2) Upon completion of the preliminary design, the developer must submit the preliminary design to the director. Pending review of the design, the developer may then file a final plat with the city plan commission. Changes or corrections in the design will be noted and returned to the developer.
(3) The developer may prepare the final design of the proposed system after the director approves the preliminary design.
(f) Private development contracts. After approval of the preliminary design, the developer may enter into a construction contract to build the proposed facilities, subject to the following rules:
(1) The developer shall enter into one of the following types of private development contract for construction of the facilities:
(A) a private development contract with a private construction contractor, with the city as a beneficiary; or
(B) a private development contract directly with the city for the developer to build the facilities.
(2) The cost of the system to be built must be borne as provided in Section 49-62.
(3) The private development contract must be made according to terms and conditions stated on a form provided by the director and approved by the city attorney.
(4) The private development contract must include performance and payment bonds equivalent to those which the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.
(5) Charges for additional review of system designs under Section 49-18.14(a) shall be due upon submission of the additional review material.
(7) In addition, to ensure that the city will not incur claims or liabilities as a result of the developer’s failure to make payment in accordance with the terms of a private development contract, the director may require the developer, as a precondition of approval of release of a final plat, to provide sufficient surety guaranteeing satisfaction of claims against the development in the event such default occurs. The surety shall be in the amount of the private development contract. The surety shall also be in the form of a bond, escrow account, cash deposit, or unconditional letter of credit drawn on a state or federally chartered lending institution. The form of surety shall be reviewed and approved by the city attorney. If a bond is provided, the bond shall be in a form furnished by the director and approved by the city attorney. The bond shall be executed by the developer and at least one corporate surety authorized to do business and licensed to issue surety bonds in the State of Texas and otherwise acceptable to the city. If a cash deposit is provided, the deposit shall be placed in a special account and shall not be used for any other purpose. If an escrow account is provided, the account shall be placed with a state or federally chartered lending institution with a principal office or branch in Texas, and any escrow agreement between the developer and the escrowing institution shall provide for a retainage of not less than 10 percent of the private development contract amount, to be held until the director gives written approval of the construction of the facilities. Interest accruing on the special account shall be credited to the developer. This subsection (f)(7) shall expire on January 1, 1994, unless this subsection is terminated sooner or extended by ordinance of the city council.
(g) Final release. Prior to the director’s release of the final plat for approval by the city plan commission, the developer must submit the following items to the director:
(1) the approved design of all mains, valves, service connections to be constructed by the developer and hydrants for the proposed development as prepared in accordance with all applicable requirements of this article;
(2) an executed private development contract for the proposed development and development surety, both as prescribed in Subsection (f); and
(3) if the developer desires to plat more lots than the developer will construct utilities to serve, a covenant for the benefit of the city running with the land and agreeing to construct the utilities necessary to serve the development at total cost in accordance with this article.
(h) Covenant procedures. Covenants required under Subsection (g)(3) must be approved in accordance with the procedure set out in Section 2-11.2 of this code. After approval as to form by the city attorney, the covenant shall be filed in the deed records of the county where the property is located. Upon determination by the director that all the conditions of the covenant have been fulfilled, the city manager may execute and cause to be filed of record a release of the covenant without the necessity of city council approval.
(i) Development on previously platted or unplatted land. If a person develops property without having to file a plat or replat for approval by the city, the requirements of this section still apply, as modified by the following rules:
(1) A copy of the existing recorded plat or replat within which the property lies and all layouts, proposed system designs and design review and survey staking fees must be submitted with the request for extension.
(2) Any charges due under Section 49-62 must be paid before or upon application for a service connection permit.
(3) The director is authorized to promulgate additional procedures, not in conflict with this chapter or other laws, to aid implementation of this subsection. (Ord. Nos. 19201; 20215; 20653; 21045; 21491; 23289)