§ 58.04 CONSTRUCTION OF UTILITIES WITHIN A SUBDIVISION OR DEVELOPMENT.
   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)