(a) 
Purpose and intent.
The intent and purpose of this article is to provide an equitable charge for water and sewer connections in the city on a front foot basis as a proportional distribution of the cost of water and sewer main extensions to serve property not previously served with standard mains and provide a contribution to be uniformly enforced against all property.
(b) 
Final approval of plans.
It is recognized that each property has its individual problems and that no fixed rules will apply to all cases; therefore, final approval of all or any part of any plans rests with the city. In all cases, the size mains for adequate service shall be determined by the city council or its delegated authority and their decision will be final.
(c) 
No vested rights.
No person shall acquire any vested rights under the terms and provisions of the rules and regulations of this article.
(d) 
Water and sewer system required for all subdivisions and lots.
All subdivisions and each lot to be developed within the city and its extraterritorial jurisdiction shall be served by an approved water supply and distribution system and by an approved sewage collection and disposal system. No development shall be approved unless adequate assurances are provided that such development will be connected with the city's water supply and distribution system and with the city's wastewater system. No building permits shall be issued until satisfactory evidence of such connection has been provided.
(e) 
Installation costs to be borne by developers.
The developer shall install all water and wastewater facilities needed to serve the development, and shall extend all water and wastewater mains and appurtenances necessary to connect the development with the city's water supply and distribution system and with the city's wastewater system. All initial costs of installation shall be borne by the developer, subject to city participation in oversize costs and subject to reimbursement from proceeds of pro rata fees.
(f) 
Determination that necessary facilities will be in place.
Authority to extend water and wastewater mains to serve newly subdivided or platted land shall be granted by the city only upon a determination by the city engineer that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of building permits for structures developed on such land.
(g) 
Location of mains.
The location of all water and wastewater mains necessary to serve newly subdivided or platted land shall be in accordance with the city's master plans for water and wastewater facilities and in accordance with the city's subdivision regulations.
(h) 
Construction requirements and specifications.
All water and wastewater facilities required by this article shall be constructed in accordance with the requirements and specifications contained in Ordinance No. 86-463, as amended.
(i) 
Lift stations.
Should a lift station, either temporary or permanent, be necessary to provide wastewater service to a subdivision, the developer shall construct the station thereto at his own expense, subject to reimbursement of pro rata fees as provided for in this article.
(j) 
Payment of pro rata fees.
When an existing water or wastewater main lies in a street, alley or easement in or adjacent to an area or tract of land to be subdivided, the developer shall pay all applicable pro rata fees as provided in this article for the water main or wastewater main prior to release of the engineering plans for the subdivision. When the proposed development is to be served by a lift station, the developer shall pay all applicable pro rata fees for the station as provided in this article.
(1999 Code, sec. 90-1)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant.
The owner of a lot or tract of land, or his agent, requesting water or sanitary sewer service.
City.
Highland Village, Texas, a municipal corporation, acting by and through its governing body.
Consumer.
The actual user of water or sanitary sewer service from a city connection.
Developer.
An owner or agent of the owner subdividing lots or tracts for sale or lease as homes, apartments, commercial shopping centers or industrial sites.
Engineer.
The city engineer or his duly authorized assistants, agents, engineers or superintendents, acting within the scope of the particular duties entrusted them.
Evaluated cost.
The latest evaluated cost as established by the City of Dallas, Texas, under section 49-69 of the Dallas Code or similar succeeding ordinance.
Front footage.
The number of linear feet in that portion of the boundary of a property abutting a street, alley or easement containing a water and sanitary sewer main from which the property will be served with water and sewer service.
Individual owner.
A person requesting extension of water or sewer service to a property which will be used as his own residence or business; or an individual commercial or industrial concern requesting extension of water or sewer service to property to be used for its own operation, which property or a portion thereof will not be sold, leased or rented in connection with its intended function.
Oversize main.
A water or sewer main required to interconnect property being developed with the existing water or wastewater system which exceeds the size of a standard water or sewer main.
Pro rata.
A charge equal to a portion of the cost of water or sewer main extensions to serve the owner's property, based upon the front footage and area to be served, that is imposed to reimburse the original developer his costs of installing or paying for the main.
Property.
Any lot, abstract or parcel of land.
Property owner.
A record title holder of premises served or to be served with a connection to a water or sewer main.
Side mains.
Water or sewer mains which lie along one or more sides of a subdivision and serve adjacent property other than that for which the extension was made.
Standard size sewer main.
Sanitary sewer main six inches or eight inches in diameter with appurtenances, as determined by the city.
Standard size water main.
A water main six inches or eight inches in diameter, with appurtenances, and adequately supported by water mains large enough to provide standard fire protection as recognized by the state commission on environmental quality rules and regulations for public water supplies. The size of the main will be determined by the city.
Superintendent of utilities.
The superintendent of utilities, or his duly authorized assistants or agents.
Wastewater.
The equivalent of the term "sanitary sewer" or "sewer."
(1999 Code, sec. 90-2)
(a) 
Imposed; determination of amount.
A charge known as a pro rata fee shall be imposed on each lot or tract abutting an existing water or wastewater main for which such fee has been established pursuant to this section, as a condition of connection to such main, for the purpose of reimbursing the developer who previously installed or paid for the main. A developer who constructs a water or wastewater main may, prior to final acceptance of the improvements, submit a written request to the city engineer, requesting establishment of a pro rata fee for the main installed. Such request shall be accompanied by a copy of the actual contract and shall identify the cost of the main, including fire hydrants, valves, fittings, manholes and other appurtenances which were determined necessary for the construction of the line. The city engineer shall verify the developer's calculations of costs. In the event of a discrepancy, the city engineer shall establish the cost per foot for the pro rata fee. If a lift station which exceeds the area necessary to serve the development is required, the developer must submit a written request for establishment of a pro rata fee for the lift station, which shall be on a cost per acre basis. The city engineer shall be responsible for approving the cost per acre submitted by the developer for the drainage area served by the facility.
(b) 
Calculation; payment.
Any property owner whose property lies adjacent to a street, alley or easement containing an existing water or wastewater main for which a pro rata fee has been established, and any property owner served by a lift station for which a pro rata fee has been established, shall pay the applicable fee prior to release of the engineering plans for the subdivision, or, in the case of an individual lot, prior to the issuance of any building permit for the property and/or before construction commences on the water or wastewater improvements to serve the property. The pro rata fee shall be calculated in accordance with the following rules and provisions of subsections (c) through (f) of this section:
(1) 
The evaluated cost of a standard size water or sewer main for those water and sewer main extensions required to reach a front corner of the property for which application has been made; plus
(2) 
One-half the evaluated cost of a standard size water and sewer main per front foot of the property to which the water or sewer connection is to be made. This shall apply to all property fronting on streets in areas platted into the usual rectangular lots or tracts of land.
(c) 
Single-family or duplex property.
On property intended to be used for single residential or duplex purposes with a depth greater than 150 feet from the front street line, the following shall apply:
(1) 
If the property is later subdivided and an application is made for an extension of water and/or sewer mains for additional service to the property, the terms of this article shall apply to such property as created.
(2) 
On property deeper than 260 feet that extends the distance between two street lines, the pro rata charges, as provided in subsection (b)(2) of this section, shall be paid on both frontages when a connection is secured to the property.
(d) 
Property other than single-family or duplex.
Where property is intended to be used for other than single residential or duplex purpose and has a depth of greater than 150 feet from the street line, the rate in subsection (b)(2) of this section shall apply on the frontage of all streets which the property may abut, less 150 feet frontage for each corner of the property abutting a street intersection. Should such property be resubdivided, whereby main extensions are required to serve the property, the terms of this article shall apply.
(e) 
Irregular properties.
Where property is irregular in size and shape, the pro rata charge shall be based on the average frontage of such property, or upon equivalent rectangular lots or tracts using one foot for each 150 square feet of area, whichever is less.
(f) 
Unsubdivided tracts.
Where unsubdivided tracts of land are to be developed as a unit for shopping centers, apartments, industrial sites or other similar uses, the applicant shall pay pro rata charges on street frontage as outlined in subsection (d) of this section. Any mains extended through or into such tracts for service to individual buildings or leased space will be built at the applicant's expense in accordance with city standards. Metering and service connections shall be built in accordance with city standards.
(g) 
Frontage extensions.
At the option of the city and in lieu of the front foot charges and in addition to the connection or acreage charge set forth in subsection (b)(2) hereof, the applicant may be allowed to extend or cause to extend water and sewer mains to and across the frontage of the property for which the application for service has been made. The applicant must construct water and sewer mains across the entire frontage of the property and must design and construct all such mains in accordance with city subdivision ordinances and construction standards.
(h) 
Requirements for owners of intervening properties.
The owners of any intervening property served by the mains extended under this article will be:
(1) 
Required to pay the pro rata charges provided by the rules and regulations at such time as their property is connected to the mains thus laid.
(2) 
Considered connected to the mains at the time the mains are accepted by the city, even though they may have temporary service.
(1999 Code, sec. 90-3)
(a) 
Request for replacement.
When property owners or customers request the replacement of a substandard size water main with a standard size water main in order to provide fire protection, to increase the supply of water for consumption, or to increase the water pressure for consumption, the city may construct a standard size water main upon the payment of pro rata charges by a sufficient number of applicants to qualify for a main extension as provided in this article.
(b) 
Transfer of service connections.
Whenever a substandard size water main must be replaced by a standard size water main in advance of street paving, or to improve the water distribution system, the city may construct the standard size main in any street, alley or easement and transfer all service connections from the substandard size main or tie the substantial main to the standard size main.
(c) 
Payment of charges.
The city imposes, and shall prorate, charges applicable to any property having service through or from the new standard size main, and such charges shall be due and payable upon such interconnection or reconnection.
(1999 Code, sec. 90-4)
(a) 
Extension of mains required.
Developers shall extend water and wastewater mains to and through the property and/or across the frontage of the property to be developed or subdivided in streets, alleys or in easements in order to provide service to adjacent property, where applicable.
(b) 
Size and design of mains.
Water and wastewater mains shall be sized and designed in accordance with the city's water and wastewater master plans.
(c) 
Acquisition of easements.
The developer must obtain all off-site easements which are necessary for extending water and wastewater mains to the property being developed. A metes and bounds description of the easements and a drawing of the easement must be submitted to the engineering department in order for the proper legal document to be prepared. The document will be sent to the developer for acquisition of the required signatures. The executed document and filing fees will be returned to the engineering department for filing with the county clerk.
(d) 
Agreement with city.
Prior to extension of any water main or wastewater main for which there is a city oversize reimbursement, or any construction of such facility or appurtenances thereto, the developer shall execute a subdivision improvement agreement with the city pursuant to the subdivision regulations that clearly defines the scope and details of the proposed extension and which contains the developer's agreement to abide by all regulations of the city and to deliver to the city clear and unencumbered title to all proposed improvements prior to the time of acceptance by the city. The agreement shall provide for security in a form approved by the city attorney.
(e) 
City participation in construction costs.
The city may participate in the reasonable construction costs of oversizing water or wastewater maintenance [mains] and appurtenances thereto that exceed the size of a standard water or wastewater main, if such main substantially benefits property to be served by the main other than that of the developer or subdivider who initially installs the main. Such developer or subdivider shall be responsible initially for the entire cost of the oversize main. In no event may the city be required to participate in the costs of oversize mains if there are no funds available for such purposes. A request for city participation must be initiated by the developer or subdivider and must be approved by the city council. The amount of the city's participation shall be determined by the city council, and shall not exceed the difference in cost between a standard size main and the oversize main, as required by the city engineer.
(1999 Code, sec. 90-5)
(a) 
A pro rata fee account is hereby established. The city shall deposit all pro rata fees collected into such account. Expenditures from such account shall be earmarked solely for reimbursement of developers or subdividers for the reasonable costs of installing water mains or wastewater mains for which pro rata fees were established.
(b) 
For a period of ten years after dedication to and acceptance by the city of the completed facility, the developer shall be entitled to reimbursement from the proceeds of the pro rata fees established up to the total cost of the extensions. Payment shall be from the pro rata fee account. The city shall make reimbursements within 21 days after receipt of the pro rata fee.
(c) 
If the city is unable to reimburse the developer who installed the main, following reasonable attempts to locate such developer, the city shall refund all fees which remain unclaimed ten years following the date of acceptance of the water or wastewater main, together with interest accrued, to the depositor of the fee. If such depositor cannot be located, the pro rata fees shall be transferred to the water and sewer fund for expenditure in accordance with general provisions.
(d) 
On all pro rata fees returned to the developer, the city shall deduct two percent of the amount collected, plus $100.00 as a collection fee. The city shall establish a collection fee account into which all such monies shall be deposited, which funds shall be used to administer the pro rata provisions of this section.
(e) 
If a developer or subdivider is both required to pay pro rata fees and is entitled to reimbursement under this section, the city may set off reimbursement due against the pro rata fees owed by the developer.
(1999 Code, sec. 90-6)
(a) 
The city may extend a water or wastewater main to serve a development, in lieu of installation by the developer, upon written request, if the city's oversize participation is in excess of 30 percent of the costs of the main. As a condition of granting a developer's request to extend the main, the developer shall deposit as security cash in an amount equal to 100 percent of the projected costs of the extension, together with any easements necessary to connect the property with the city's water or wastewater system. Such deposits shall not constitute a waiver of or otherwise affect the obligation of the developer to pay impact fees for water or wastewater facilities; provided, however, that the city may credit deposits by the developer under this section against impact fees due for water or wastewater facilities in the manner prescribed in article 23.02 of this code, if the main to be constructed has been included in the impact fee capital improvement plan.
(b) 
Where appropriate, the city may participate in the cost of oversized mains according to the standards established in section 22.04.005. Upon determination of the amount and timing of the city's participation under such section, a portion of the cash deposit equal thereto shall be refunded to the developer.
(c) 
The developer shall be entitled to reimbursement from the proceeds of pro rata fees established for the mains serving the development. Upon establishment of such fees, the maximum amount for which the developer is eligible for reimbursement thereunder shall be paid over to the city from the cash deposit provided by the developer.
(d) 
For paramount purposes of health and safety, the city may extend a water or wastewater main to individual residential lots. In such cases, each individual lot owner shall be responsible for a pro rata share of the cost of such main abutting the lot, as determined by the city council.
(1999 Code, sec. 90-7)