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.
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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)