§ 154.055 UTILITIES REQUIRED.
   Sanitary sewers, storm drainage, water mains and street improvements, along with all appurtenances pertaining to the above and facilities of other agencies as may be required, shall be constructed and installed by the subdivider in each new subdivision in accordance with the current official standards of the city.
   (A)   Proposed development corporate limits. All proposed subdivisions located inside the corporate limits of the city shall connect to the water and sewer utilities at the developer’s expense. Where the sewage collection system or the water distribution system does not abut the proposed development the subdivider shall be required to pay for and extend such services as required to serve the proposed development.
   (B)   Utilities extension not feasible. Where the sewage collection system or the water distribution system does not abut the proposed development and the extension of the service is not feasible or would pose an economic hardship, the developer shall be required to furnish with his or her final plat satisfactory evidence, including (but without limitation) the results of soil tests and borings and statements from local and state health authorities, sanitarians, engineers and other proper officials, that water satisfactory for human consumption may be obtained from surface or sub-surface water sources on the land and that soil conditions are such that satisfactory sewage disposal can be provided through the use of approved sewage treatment systems.
   (C)   Restrictions for permit. No building permit, nor any water, sewer, plumbing or electrical permit shall be issued by the city to the owners or any other person with respect to any property in any subdivision covered by this subchapter until:
      (1)   Such time as the developer and/or owner has complied with the requirements of this subchapter and the approved final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets, drainage and water and sewer utilities, all according to the requirements of the city; or
      (2)   The developer and/or owner files a corporate surety bond with the City Secretary in a sum equal to the cost of the improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the Public Works Director.
   (D)   Extra-territorial jurisdiction.
      (1)   In the extra-territorial jurisdiction, no city water or sewer utilities shall be extended to the development until all sections of this subchapter, applicable to subdivisions, have been complied with.
      (2)   Where the developer/owner refuses to comply with the applicable regulations of this subchapter, the Public Works Director of the city shall file action in District Court seeking to restrain the developer/owner from violating the applicable provisions of this subchapter, as permitted by the Texas Local Government Code.
(Ord. 11-5-98, passed 11-5-1998)