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The provisions of this chapter shall govern the extension of water and sanitary sewer lines, and other appurtenances to areas proposed for subdivision or development, or to those property owners requesting such utility services. Within the city limits and within limits of the city's extraterritorial jurisdiction, all costs necessary to provide water and sanitary sewer facilities inside a subdivision or development, or upon residential or commercial property, shall be the responsibility of the developer. All facilities shall be constructed in accordance with city standards and specifications.
(Ord. 18-0320A, passed 3-20-2018)
The following shall be applicable to extension of retail water or sanitary sewer service to a subdivision or development within the corporate limits of the city.
(A) Developers desiring retail water or sanitary sewer service from the city shall comply with this code to obtain said service from the city for the development and to extend the city's water and sewer system to the development, and shall enter into a development agreement with the city that contains the details, including costs, of such provision of services. In no event shall developers be allowed to pay a lower cost for extending water or sewer facilities or mains than individuals and non-developers are required to pay.
(B) It shall be the developer's responsibility to acquire and/or designate any utility easements needed to extend the utility line from its present terminus or nearest location to the developer's property. The legal document used to acquire the right-of-way shall be reviewed and approved by the City Attorney and City Engineer prior to the document being presented to the land owner for consideration. The cost of the required easements shall be reimbursed as part of the total cost of the extension in the manner set forth in this section. The location, width, and cost of such easements shall be subject to the approval of the city. Should the developer be unable to acquire the needed easements, the city, at its option, may assist in the acquisition negotiations.
(C) The total cost of a utility line extension shall include all costs associated with the extension, including easement acquisitions, engineering costs, materials costs, construction costs, and any other costs for studies or surveys related to the extension, less the city's share in cases of required excess improvements.
(D) The extensions of retail water service and sanitary sewer service shall be figured separately and treated as separate and individual extensions for the purposes stated in this section.
(E) Water and sanitary sewer line extensions may be installed by the city or by the developer's contractor. This decision shall be made by the Council prior to the project being advertised for bid. In either case, the size, location, materials to be used, and installation practices shall be in accordance to the city's design standards and approved by the City Engineer along with being subject to inspection and approval by the City Engineer.
(F) When the city installs the utility line extension, the developer shall pay in cash or provide an unconditional guarantee from a financial institution, approved by the city, for the developer's share of the utility expansion as determined by the city. A final accounting will occur at the end of the project. The guarantee shall be filed with the City Secretary in letter form from the financial institution and be signed by its principal loan officer. The guarantee shall state the name of the project or identify the property and shall list the improvements the developer is required to provide. This payment or guarantee must be filed with the city after bids have been received and prior to the project commencing.
(G) A pro rata share of the total cost of an extension shall be assessed to each property that seeks service from the extension as provided in this section. The pro rate share for water utilities will be based on the property frontage along the proposed water utility. The pro rata share for sanitary utilities will be based on the property acreage.
(H) The basis for the cost of construction will be reviewed and approved by the city prior to communicating with the property owners along the utility extension route. The city will maintain a list of all property owners having paid their pro rata share prior to beginning construction.
(I) Any customer requesting service who has not paid his pro rata share prior to the installation of the utility extension must pay the pro rata share in full, in addition to the connection charges for water and sanitary sewer taps as set forth in this code, before service will be connected.
(J) A developer, CDC, or EDC that contributes in excess of his or her pro rata share for construction of a utility extension will be eligible for refunds. When assessed property owners do not pay their pro rata share at the time of installation, they will be charged as set forth in this section. The pro rata share shall be refunded to the developer, CDC, and EDC by the city. The developer, the city, CDC, and EDC shall be eligible for reimbursements in this manner for a period of ten years from the date installation of the extension is completed. The city shall continue to collect the pro rata shares from property owners who have not paid as they request service. See Table § 58.03(J) below for an example.
Utility Reimbursement Example
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Entity
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Total Project Cost
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Pro Rata Share
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Difference
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Percent of Project
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Utility Reimbursement Example
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Entity
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Total Project Cost
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Pro Rata Share
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Difference
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Percent of Project
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Developer A | $512,500 | $425,000 | $87,500 | 26% |
Developer B | $175,000 | $87,500 | $87,500 | 26% |
Developer C | $237,500 | $150,000 | $87,500 | 26% |
Developer D | $0 | $175,000 | $0 | 0% |
Developer E | $0 | $162,500 | $0 | 0% |
EDC/CDC | $75,000 | $0 | $75,000 | 22% |
TOTAL | $1,000,000 | $337,500 | 100% | |
NOTES 1. Entities will be reimbursed over the next 10 years as new development occurs. Entities will be paid back based on the percentage of their contribution. The total reimbursement may not exceed the amount shown in the difference column. 2. The example above is for a project with the total sewer cost of $750,000 and a total water cost of $250,000. The example assumes developer D and developer E are not going to participate, but the EDC or CDC will participate. | ||||
(K) The city may connect any future customer to the extended lines provided the customer pays a pro rata charge and the connection charge for water and sanitary sewer taps as set forth in this code.
(L) The criteria for calculating the pro rata charge to property owners is as follows.
(1) The pro rata charge for each property where water utilities are to become available by installation of an extension will be based on the property frontage along the proposed water utility. The pro rata charge for each property where sanitary utilities are to become available by installation of an extension will be based on the property acreage.
(2) In making the calculations, the city will determine in advance which properties in the vicinity of the extension are capable of being served. Each of these parcels of property will then be included in the calculations. If the city determines that a property is not likely to tie into the system, it will be omitted from the calculations. Any owner of property that has been excluded from calculation in this manner who, at a later time, desires to connect to the utility extension will have to pay a pro rata share.
(3) The total project cost including engineering, surveying, geotechnical testing, construction materials testing, construction, construction administration and inspection will be divided by all the tracts participating. This amount will be shared with all the participants. The total cost will be divided between each participating property based on the property frontage for water utilities and property acreage for sewer utilities. See Table § 58.03(L)(3) below for an example.
Total Project Cost Per Property Owner Example
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Entity
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Areas (AC)
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Sewer (%) | Sewer Cost | Project Sewer
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Frontage (LF)
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Water (%)
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Water Cost
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Project Water
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Total Project Cost Per Property Owner Example
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Entity
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Areas (AC)
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Sewer (%) | Sewer Cost | Project Sewer
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Frontage (LF)
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Water (%)
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Water Cost
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Project Water
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Developer A | 200 | 40% | $300,000 | $370,833 | 500 | 50% | $125,000 | $141,667 |
Developer B | 50 | 10% | $75,000 | $145,833 | 50 | 5% | $12,500 | $29,167 |
Developer C | 75 | 15% | $112,500 | $183,333 | 150 | 15% | $37,500 | $54,167 |
Developer D | 100 | 20% | $150,000 | $0 | 100 | 10% | $25,000 | $0 |
Developer E | 75 | 15% | $112,500 | $0 | 200 | 20% | $50,000 | $0 |
EDC/CDC | 0 | 0% | $0 | $50,000 | 0 | 0% | $0 | $25,000 |
TOTAL | 500 | $750,000 | $750,000 | 1,000 | $250,000 | $250,000 | ||
NOTES 1. The cost for the developers that do not participate would be equally divided by the number of developers that do participate, and that number would be added to the total project cost for the participants. 2. The example above is for a project with the total sewer cost of $750,000 and a total water cost of $250,000. The example assumes developer D and developer E are not going to participate, but the EDC or CDC will participate. | ||||||||
(4) Properties that do not front on or abut the utility extension right-of-way, but which can be served by the extension, shall be subject to the pro rata assessment for the original extension plus that particular extension necessary to serve the tract that does not front the utility.
(5) Any condition not covered in this section or of such a nature that strict application of the procedures established in this section would result in an inequitable pro rata change to a property owner may be negotiated by the City Council at the time the original calculation is made for a proposed extension.
(Ord. 18-0320A, passed 3-20-2018)
The following shall be applicable to the construction of utilities within a subdivision or development, or extensions of utilities to a subdivision development.
(A) The developer of an addition to the city, the final plat or plan of which has been approved by the City Council, shall design and prepare construction plans and specifications for the water supply and sanitary sewer facilities to serve the subdivision, including any required excess improvements or off-site facilities. Each plan shall conform in all details to the city standards as to design, grade, location, size, and quality of materials and construction, and shall be prepared by a registered professional engineer licensed in the State of Texas and shall bear his seal.
(B) All specifications for construction contracts shall be based upon the city's standard specifications for materials and performance.
(C) No installation of water and sewer lines will be made at any other location except in a dedicated street or alley or an easement dedicated to and accepted by the city prior to it being filed for record by the city of the addition to be subdivided.
(D) Utility extensions to a subdivision or development shall extend across the entire length of the development from the closest point of connection to the furthest point of connection, unless it is determined by the City Engineer that the extension will not be continued beyond the developer's subdivision or development.
(E) The construction and installation of the water and sanitary sewer system shall be supervised and approved by the City Engineer to ensure that the installation is in accordance with the approved plans, city specifications, and the applicable regulatory agency approvals. The city specifications shall be a part of every contract that is let.
(F) The City Manager, the Director of Public Works for the city, the City Engineer, or their authorized representatives shall have the authority to see that the work is performed in accordance with the approved plans and specifications. If the water and sanitary sewer work is not being performed in accordance with the approved plans and specifications, then the work shall be stopped until such time as proper corrections are made. Should work progress without correction, the city has the option to not accept the utility extension for ownership and maintenance and the utility remains a private line.
(G) The sizes of the mains proposed to be extended shall be determined by the City Engineer and shall be in conformance with the water and sanitary sewer utility infrastructure master plans. The total costs of extending the mains to the developer's property shall be borne solely by the developer, with the following exceptions.
(1) Upon approval and acceptance of the system by the city, on any mains larger than eight inches, the city may elect to participate in the cost by refunding the developer the difference between the cost of the oversized mains and the eight inch main.
(2) The city will also reimburse the original developer, CDC, and EDC pro rata charges as received from applicants who desire to connect to the mains, with the total payment not to exceed the amount of the original applicant's cost of off-site improvements.
(3) The maximum period of time for the pro rata reimbursement to the original developer for the off-site mains shall not exceed ten years following approval and acceptance of the utility line extension by the city. The developer, CDC, and EDC shall have no claim against the city for any expenses not reimbursed and any pro rata charges not received within ten years, nor any fees received after ten years.
(4) Pro rata charges, if any, shall be collected by the city from each intervening property owner, regardless of when the property owner expresses interest in connecting, along the extended water and sewer mains at the time of application for water or sewer services by said property owner.
(H) Any installations, when completed and approved by the City Engineer and accepted by City Council, shall become the property of the city, free and clear of all encumbrances. The contractor shall indemnify the city against any repair which may become necessary to any part of the work performed arising from defective workmanship or materials for a period of one year from the date of final acceptance of the work.
(Ord. 18-0320A, passed 3-20-2018)
The city will not extend off-site water and sanitary sewer lines to single-family lots within the corporate limits of the city. All costs incurred in the extension of a utility will be paid by the lot owner. The lot owner is responsible for all costs of the service lines between the public line and the home.
(Ord. 18-0320A, passed 3-20-2018)
(A) Developers desiring retail water or sewer service from the city and whose property is located outside the city limits shall request annexation into the city in order to obtain water and sewer service. If, at the time the request is made the city is unable to annex the property, the developer and the city may enter into a written development agreement that addresses whether and under what terms, if any, the city will provide service.
(B) Properties outside the city limits that will be served by a utility extension but not annexed by the city will pay their pro rata share to the city to offset the additional costs to the city. Policies regarding payment, reimbursement of the developer, and the calculation and payment of pro rata shares or participating property owners are the same as stated in this division.
(Ord. 18-0320A, passed 3-20-2018)
(A) This section applies to a request for retail water or sewer service in the city's water service area from individuals or non-developers.
(B) Upon the approval of an application from an individual or non-developer, and upon payment of all applicable fees and charges due under this section and at the expense of the applicant, the city may extend all necessary water and sewer facilities and mains to the property plus the distance across the entire frontage necessary to provide the service upon the premises for which the applications have been made.
(1) The city will not pay the cost of extending water or sanitary sewer facilities and mains to the property. The applicant shall be responsible for paying all costs to extend the water and sanitary sewer facilities and mains. The applicant shall pay the estimate of such cost prior to construction. If the actual cost to extend the water or sanitary sewer mains and facilities is greater than the estimated costs, the applicant shall pay the city the difference between the actual and estimated costs upon completion of the extension project. If the estimated cost to extend the water or sanitary sewer mains or facilities is greater than the actual cost, the city shall reimburse the applicant the difference between the actual and estimated costs upon completion of the extension project.
(2) The owners of all intervening properties served by such extension shall be required to pay the pro rata charges at such time as their property is connected to the city's water and sanitary sewer system.
(3) Upon approval of the city, the property owner or person requesting extension of water or sanitary sewer facilities or mains to his or her property may extend the mains or facilities by a competent and reputable contractor. All plans and construction shall comply with city standards and specifications. Detailed construction plans for the improvements, complying with the city's construction standards and specifications for public works construction, shall be drawn by a registered professional engineer and approved by the City Engineer prior to any construction. The construction shall be inspected and approved by the City Engineer prior to final acceptance by the city, and all expenses associated with such inspections and approvals shall be borne by the person requesting services.
(4) The size of the main proposed to be extended shall be determined by the City Engineer and shall be in conformance with the water and sanitary sewer utility infrastructure master plans. The total costs of extending the mains to and across the applicant's property shall be borne solely by the applicant, with the following exceptions.
(a) Upon approval and acceptance of the system by the city, on any mains larger than eight inches, the city may elect to participate in the cost by refunding the applicant the difference between the cost of the oversized mains and the eight inch main.
(b) The city will also pay to the original applicant pro rata charges as received from customers who apply to the city to connect to the mains, with the total payment to the property owner not to exceed the amount of the original applicant's cost of off-site improvements. The city shall retain a pro rata share amount for their portion of oversizing the line.
(c) The maximum period of time for the pro rata reimbursement to the original applicant for the off-site mains shall not exceed ten years. The applicant shall have no claim against the city for any expenses not reimbursed and any pro rata charges not received within ten years, nor any fees received after ten years.
(d) Pro rata charges, if any, shall be collected by the city from each intervening property owner along the extended water and sewer mains at the time of application for water or sanitary sewer services by said property owner.
(C) In no event will the city be required to make extensions or participate in the cost of improvements under the provisions of this section if there are not funds available, or if, at the discretion of the city, the extension or improvement may not be practical or otherwise warranted, or is for any unreasonable consumer use.
(D) All water and sewer utilities within the designated easements are owned and operated by the city after acceptance by the City Council. Any extensions of the city's water and sanitary sewer facilities made by a qualified service applicant or developer, after inspection and acceptance by the City Engineer, shall be owned by the city after acceptance by the City Council.
(E) Where recorded public utility easements do not exist on the property of any individual, non-developer, or developer who is requesting water or sewer service from the city, the individual, non-developer, or developer shall grant a permanent recorded public utility easement for poles, wires, conduits, drainage channels, storm sewers, sanitary sewers, water lines, gas lines, or other utilities to the city. These easements shall be at least 20-feet wide. However, if the City Engineer determines a greater width is necessary, the city may require a width of up to 30 feet. For developers, the easements required by this section shall comply with Chapter 154 of this code. For individuals and non-developers, the easements required by this section shall extend along all roadway frontages of the property and shall parallel as closely as possible the street line frontage. Failure to grant the required easements shall result in the denial of city services. The easements shall conform to the standard form approved by the city and shall be reviewed and approved by the City Engineer and the City Attorney prior to the easement being accepted by City Council and filed for record at Montgomery County.
(F) The city shall make the connection from the water line in an alley, street, or right-of-way to the property line and will set the meter, when required, at that point. The city shall make the connection from the sanitary sewer main in an alley, street, or right-of-way to the property line. The city is responsible for maintaining the functional integrity of all sewer mains and service laterals located in public right-of-ways and public utility easements. In order for the city to inspect and maintain the functional integrity of the service laterals within the public right-of-ways and public easements, it shall be the responsibility of each property owner with a new or existing sewer service connection to install a sewer clean-out at the property line. Property owners are responsible for maintaining their service lateral lines which extend from the city mains to the residence or business in a free and flowing condition.
(G) Service water lines on private property from the city's water meter to the premises, including all connections, shall be installed, maintained, and repaired at the expense of the property owners. All leaks and other defects in the service line or sewer lateral on private property shall be promptly repaired by the property owners. If required repairs are not completed within ten days after written notice is mailed or hand delivered to the premises, water service to the premises shall be terminated and shall not be restored until the repairs are made and all applicable fees and expenses paid. Any expenditures incurred by the city because of leaks or defects shall be charged against the property owners and must be paid before water service is restored.
(Ord. 18-0320A, passed 3-20-2018)
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