(a) Commencement of construction. The department will approve commencement of construction after approval of the final plat by the city plan commission, upon the developer’s meeting the following conditions:
(1) the construction plans must be in complete and correct form;
(2) all easements, dedications and other public rights-of-way necessary to construction must be in existence;
(3) all necessary contract documents and bonds must be submitted; and
(4) the final plat, as recorded, must be submitted.
(b) Early start. The director may, upon written request from the developer, allow construction to commence before submission of the final recorded plat required in Subsection (a)(4), if all other applicable requirements of this article have been met; except that the city reserves its right to refuse final acceptance of the facilities and building permits until the final plat is approved and recorded.
(c) Construction conditions. The following additional rules apply to actual construction of the facilities in a development under this section:
(1) Installation of facilities must be made in public rights-of-way belonging to the city and filed of record, and must be made in a manner that does not damage existing facilities of the water or wastewater system.
(2) Construction and installation of facilities, including service connections, if any, must be supervised by inspectors of the city to see that it is done in accordance with the plans and specifications, which are a part of the private development contract, and applicable provisions of this chapter.
(3) On service connections larger than two inches that are constructed by the developer, the developer shall reimburse the city for any necessary materials or appurtenances furnished by the city.
(4) Grade stakes for mains will be set by the developer’s engineer after the plans are released for construction by the director; provided, however, that grade stakes may not be set until after the developer’s engineer has properly staked on the ground with iron pins all easements, points of curves and tangency, all block corners and all lot corners within the subdivision, and has properly staked all fire hydrants.
(5) All construction plans must comply with the following publications of the department:
(A) Water and Wastewater Procedures and Design Manual.
(B) Development Design Procedure and Policy Manual.
(C) North Central Texas Standard Specifications for Public Works Construction, as may be modified by the Water Utilities Department Addendum to the Standard Specifications, or other special provisions.
(D) Water Utilities Department Standard Drawings.
(6) The director may, upon written request of the developer, permit temporary, partial use of installed facilities in a development prior to final acceptance of a system, if the department inspects the facilities to be used and determines that they meet the city’s construction requirements. Temporary permission under this subsection may not be construed as acceptance of any facilities, and the developer shall remain liable for all applicable service charges set forth in this chapter and all costs of construction. The duration of temporary permission will be as determined by the director, but may never exceed 90 days from the date of approval of the request. On the expiration date, the director will discontinue service unless the director approves the developer’s written request for an extension of temporary permission or issues final acceptance in accordance with Subsection (c)(6) of this section. The director may revoke or prohibit temporary permission under this subsection if the developer fails or refuses to comply with the provisions of this chapter.
(7) The city will issue final acceptance when construction is complete in accordance with the city’s requirements, the developer has paid all costs of construction due and all charges due the city under this article, and the final plat has been approved and filed of record as required by law. Following issuance of final acceptance, facilities installed become the property of the city, free and clear of all liens, claims, and encumbrances.
(8) Facilities constructed in a development pursuant to this article must be hydrostatically tested by the department prior to final acceptance. The developer shall cause any deficiencies or nonconformities in construction shown as a result of the hydrostatic test to be corrected and retested by the department until the test is passed. The developer shall pay a fee for hydrostatic testing when required in Section 49-18.17.
(9) Damage to the work, relocation or revisions in the plans necessitated by other construction, or modification of the development will be charged to the developer, and service will be withheld or discontinued to the development until the charges are paid.
(d) City not liable. Nothing in this article shall be construed to render the city liable for sums owed by a developer to private contractors or subcontractors for work done under a private development contract. (Ord. Nos. 19201; 19622; 20215; 23289; 26479)