After the Commission has approved the final plat, but prior to the City filing said plat with the County(s), the developer shall deliver to the Public Works Director the executed agreements stipulated herein. The forms for these agreements shall be furnished by the City to be properly completed and executed by the developer.
(Ordinance O-2003-02 adopted 2/4/03)
The developer shall furnish the City a copy of an executed developer agreement executed by the developer and the City, which will assure the City that all water and sewer facilities will be constructed as shown by the plans approved by the City Engineer.
(Ordinance O-2003-02 adopted 2/4/03)
The developer shall furnish the City a copy of an executed Developer Agreement executed by the developer and the City, which will assure the City that all street and drainage facilities will be constructed as shown by the plans approved by the City Engineer.
(Ordinance O-2003-02 adopted 2/4/03)
The Developer Agreement shall be in the form attached as Appendix “A” to this Ordinance.
Editor’s note–Appendix “A” is not printed herein.
(Ordinance O-2003-02 adopted 2/4/03)
A. 
The developer shall pay all costs attributable to the installation of water, sewage, street and drainage facilities as are needed to fulfill the basic criteria requirements to the City for service to his/her subdivision. Such costs generally comprise the following:
1. 
Easement or right-of-way cost;
2. 
Direct construction cost;
3. 
Engineering design and general administration;
4. 
Review and handling of plan and contract documents;
5. 
Construction layout, cut sheets and field adjustments;
6. 
Inspection and acceptance by City;
7. 
Fees assessed by others not within the control of the City.
In all cases, the developer shall furnish or pay for all easements or right-of-ways, and all fees or assessments by other parties not within the control of the City. Also, in all cases, the developer shall pay to the City a fee in the amount of four percent (4%) of the actual construction cost for which the City reviews the plans and contract documents and performs the inspection and acceptance of the work (Items 4 and 6). The developer shall employ his/her own engineer to furnish the engineering design, general administration, construction layout, cut sheets and field adjustments (Items 3 and 5) at no cost to the City.
B. 
All subdivision extensions shall be covered by a Developer Agreement, which clearly defines the scope of details of the proposed extension and particularly 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 the proposed improvements at the time of acceptance by the City, which must be prior to commencing service.
C. 
The City shall participate in the cost of subdivision extensions only where and to the extent that oversized facilities in addition to the subdivision’s needs are required for the proper overall benefit of the system. Such oversizing needs shall be determined by the City’s Engineer(s) with concurrence of the City Manager and shall be authorized only by approval of the City Council.
D. 
When the City participates in the cost of constructing the project by oversizing facilities, or other participation, the contract for construction shall be executed between the City and the developer or contractor after compliance with all Charter and statutory requirements for advertising and receiving competitive bids. When the City does not participate in the construction costs of the project, the contract for construction may be negotiated between the developer and the contractor of his choice, or bids may be received. In cases where the construction contract is between the City and the contractor, the developer will then place in escrow, with the City, funds totaling the amount of the contract plus the appropriate percentage fees as outlined in subsection A. of this section.
E. 
Refunds to the developer shall be made only for applicable situations involving connections to off-site facilities (approach mains) or boundary facilities, and then only when provisions for such refunds are specifically provided for in the Developer Agreement executed prior to construction of the extensions.
(Ordinance O-2003-02 adopted 2/4/03)
A. 
The developer shall initiate preliminary action by obtaining a copy of applicable portions of policies and procedures from the City. The developer then shall have his engineer prepare and submit to the Director of Public Services who forwards to the City’s Engineer(s) after a review by the Fire Chief, a preliminary layout of proposed water and sewer extensions superimposed on an approved preliminary plat signed by the City, along with his tentative estimate of costs for the overall development, and for the first section if incremental development is proposed. The City Engineer shall then review the proposed preliminary plat and return it to the City with comments and recommendations concerning acceptability and oversizing needed. The City shall then advise the developer of tentative approval or necessary changes, with a copy to City Engineer.
B. 
The City shall furnish the developer with three (3) blank forms of the standard Developer Agreement. The developer’s engineer shall prepare and submit to the City complete construction plans, specifications and other necessary contract documents, along with estimates of the developer’s cost and City participation, and two (2) blue line prints of the final plat showing approval signature for the City. Such documents shall be submitted to the City Engineer for review and after they have been fully completed, and are acceptable and approved by the Commission, the City shall return them to the developer with notice of approval, at which time the developer shall submit the executed Developer Agreement and the City’s inspection fee of four percent (4%).
C. 
After selection of the contractor has been accomplished by bids or negotiation as per Section 10.6.B. above, the actual construction shall be accomplished as follows:
1. 
In those cases where the city is participating in the costs, after bids are received, the City Engineer receives and recommends an award to the City Manager or his/her designee. Alternatively, the developer shall advise and shall furnish bid amounts. The City Manager shall notify the developer to have documents executed and returned to City. After receipt of executed documents, the City Manager or his/her designee shall issue a work order.
2. 
After the work order is issued, the developer’s engineer shall provide the construction layout and staking and shall prepare cut sheets for all sewers. A copy of all cut sheets shall be furnished to the City Engineer, or inspector and the contractor. Also, a copy of the actual construction staking filed notes shall be furnished to the City’s Engineer. The inspector shall inspect the work and review the partial and final pay estimates to the contractor as prepared by the developer’s engineer. After pay estimates have been agreed upon by the City and the contractor, they shall be transmitted to the City’s Engineer for review. The City’s Engineer shall check all pay estimates and after they are in order, shall transmit them to the City Manager or his/her designee with recommendation for payment or corrections as noted. After final completion of the work to the satisfaction of the inspector and City’s Engineer and [sic] the City Manager shall issue a statement of acceptance of the facilities for ownership and operation by the City to the developer.
(Ordinance 2013-23 adopted 11/19/13)
When the City participates in the cost of facilities for oversizing or for any other reason, separate bid items shall be set up to reflect the cost to the City when such separate items can be feasibly determined. In the absence of such specific bid prices, the price shall be determined by using a current bid price or the City’s Engineer estimated price.
(Ordinance O-2003-02 adopted 2/4/03)
When any extension or improvement to the water and/or sewer system is to be installed under contract between the City and a contractor, the cost of which is to be paid wholly or partially by a developer, the contractor shall not be authorized to commence work until after the City has received the full amount due from the developer, either in cash to be placed in escrow or by irrevocable commercial letter of credit from a bank or other financial institution acceptable to the City, the conditions of such letter to be included in the Developer Agreement and in a form approved by the City Attorney.
(Ordinance O-2003-02 adopted 2/4/03)
In those cases wherein the City has no participation in the development costs and the developer has either received bids or negotiated for the development construction, the following requirements shall be met:
A. 
All plans for construction of sewer, water, storm drainage and paving shall be approved by the City’s Engineer. These plans shall include a signed statement signifying the Developer’s Agreement to complete all improvements shown thereon, and a Developer Agreement shall be executed.
B. 
Letters of consent to the platting and improvements shall be submitted by all lienholders and other parties having rightful claim of ownership or easement to the property.
C. 
If easements are needed outside of the plat boundaries, the executed dedication instruments shall be submitted prior to final plat approval.
D. 
The developer shall file security prior to final plat approval by one of the following methods:
1. 
Performance Bond.
Filing with the City’s Engineer a bond executed by a surety company holding a license to do business in the State of Texas and acceptable to the City, in an amount equal to the cost of the improvements required by this Ordinance and within the time for completion of the improvements as estimated by the City’s Engineer. The performance bond shall be approved as to form and legality by the City Attorney.
2. 
Trust Agreement.
Placing a deposit with a bank or trust company in the name of the City, in a trust account in an amount equal to the estimated cost of all site improvements required by this Ordinance, the cost and time of completion as approved by the City’s Engineer. Selection of the trustee shall be executed on the form approved as to form and legality by the City Attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the City’s Engineer. All such withdrawals shall be approved by the trustee.
3. 
Letter of Credit.
Filing with the City’s Engineer a letter, on a form approved by the City Attorney, signed by the principal officer of a local bank or local federally insured savings and loan association or other financial institution; acceptable to the City, agreeing to pay the City on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible under this Ordinance. The guaranteed payment sum shall be estimated costs and scheduling as approved by the City’s Engineer. The letter shall state the name of the subdivisions and shall list the improvements the developer is required to provide.
E. 
The developer shall furnish a certificate from a competent attorney setting forth the title and ownership of the land as shown by the survey and correct legal description. A reliable abstract company title certificate and title policy setting forth the same information may be accepted in lieu thereof.
(Ordinance O-2003-02 adopted 2/4/03)