(a)
The intent and purpose of this division is to provide for the furnishing
of water and sanitary sewer utilities for each and every platted lot
throughout the city and, under special circumstances, outside the
city. The developer of a subdivision shall furnish and construct all
utility improvements therein, including water main lines and sanitary
sewer main lines in accordance with the applicable standards herein
established. An equitable charge, which shall be stated herein, to
be known as “pro rata” shall be collected by the city,
for water and sanitary sewer connections in the city on a front foot
basis as a fair and proportionable distribution of the cost of water
and sanitary sewer main extensions to serve property not previously
served and to provide a contribution to be uniformly enforced against
all affected property. No person shall acquire any vested rights under
the terms and provisions of this division.
(b)
Existing septic and water systems may continue to be used provided
they comply with all health and state and federal regulatory requirements
and the use and development of the property remains the same.
(c)
All property to be developed shall connect with the city’s
water and sewer system except where the director of public works determines
that such connection will require an unreasonable expenditure when
compared with other methods of sewage disposal or other methods of
obtaining a water supply, taking into consideration the size of the
development and the distance necessary to extend utilities.
(d)
All expenses incurred by the extension of sanitary sewer and water
lines not specifically assigned to the city by ordinance shall be
the responsibility of either the applicant or other property owners
served by the extension, and not the city.
(Ordinance 2018-20 adopted 5/8/18)
Whenever the words, forms or phrases defined herein or pronouns
used in their place occur in this division, the intent and meaning
shall be interpreted as follows:
The owner of a lot or tract of land, or his agent, requesting
water and/or sanitary sewer service.
The City of Odessa, Texas, a municipal corporation, acting
by and through:
The city attorney of the City of Odessa, Texas, or his duly
authorized assistants or agents.
The city auditor of the City of Odessa, Texas, or his duly
authorized assistants or agents.
The council of the City of Odessa, Texas.
The city engineer of the City of Odessa, Texas, or his duly
authorized assistants or agents.
The manager of the City of Odessa, Texas.
The city secretary of the City of Odessa, Texas, or his duly
authorized assistants or agents.
The actual user of water or sanitary sewer service from a
city connection.
Owner or agent of the owner subdividing lots or tracts for
sale or lease as homes, apartments, commercial shopping centers, or
industrial sites.
The director of finance of the city, or his duly authorized
assistants or agents.
The director of public works of the city, or his duly authorized
assistants or agents.
The director of utilities of the city, or his duly authorized
assistants or agents.
The cost of a water and/or sewer main as established by unit
values for the size of main and appurtenances as established herewith
in this division.
The actual linear distance which any given lot or tract of
land abuts upon a street or alley.
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.
The mayor of the city of Odessa, Texas.
Water and/or sewer mains totally outside of a tract of land
to be subdivided and developed for resale.
Water and/or sanitary sewer mains that lie within a subdivision
or along one or more sides of subdivision and serve that subdivision
exclusively.
The difference between the evaluated cost of the main as
built and the evaluated cost of the size of main determined to be
the minimum size required to serve the subdivision. The minimum size
main upon which oversize cost shall be determined shall not be less
than the standard main defined herein.
Water and/or sanitary sewer extensions included in master
plan of the system design for which funds have been specifically provided
in a properly authorized program of capital fund expenditures.
The record title holder of premises served or to be served
with a connection to a city water or sanitary sewer main.
The portion of the cost of water and/or sanitary sewer main
extensions to be paid by the applicant. The amount of these charges,
per front-foot, is stated in this division.
A distribution line from the main line to the property line
to provide water service to the individual customer or sewer collection
line from the main line to the service point.
Water and/or sanitary sewer mains that lie along one or more
sides of a subdivision and serve other adjacent property in addition
to that for which the extension was made.
A sanitary sewer main six inches (6") or larger in diameter.
Minimum requirements and grades for sewer main lines (e.g., 6": 0.5
feet per 100 feet, etc.) shall be in accordance with “Design
Criteria for Sewerage Systems” published by the Texas Commission
on Environmental Quality.
A water main six inches (6") or larger in diameter, adequately
supported by eight inch (8") or larger water mains to provide standard
fire protection as recognized by the National Fire Protection Association.
The property line of the property in question that is adjacent
to the street right-of-way.
The utilities department of the City of Odessa.
(Ordinance 2018-20 adopted 5/8/18)
(a)
The city may extend water and sanitary sewer mains in the streets
and alleys, or easements, within the city Limits in order to permit
connections by persons desiring and seeking water service and sanitary
sewer service. A charge, which shall be known as the “pro rata,”
shall be made against each lot or tract of land and the owner thereof,
whose water or sewer line shall be hereafter connected with any water
main or sanitary sewer main in the city, and the charge shall be at
the following rates, which rates are a portion of the total cost of
such water and sanitary sewer mains:
(1)
For mains completed prior to January 1, 1995, the rates for such
pro rata shall be $3.50 per front foot of the lot or tract of land
to which water connections may be made and $2.50 per front foot of
the lot or tract of land to which sanitary sewer connections may be
made.
(2)
For mains completed subsequent to December 31, 1994, the rates for
such pro rata shall be $7.00 per front foot of the lot or tract of
land to which water or sanitary sewer connections may be made.
(b)
The above front foot rates shall apply to property fronting on streets
in areas platted into the usual rectangular lots or tracts of land,
with a depth not to exceed 150 feet. Should any lot abut a street
on two or more sides, the front footage shall be the shortest width
of the lot or tract measured along projected intersecting property
lines (exhibit A).
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Exhibit A.
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(c)
Where lots or tracts have greater depth than 150 feet from the front
street line, and are occupied, or are to be occupied exclusively as
one or two family individually owned dwelling places, then additional
depth shall not be assessed. If the property in question or adjacent
property is later subdivided, then the terms of this division shall
govern and apply to such property frontage as is created (exhibits
B and C).
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Exhibit B.
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Exhibit C.
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(d)
On lots or tracts of land which extend through from one street to
another, with frontage on both streets, and where the distance between
the street lines is 260 feet, or more, then the pro rata charges herein
provided for shall be paid on both frontages when a connection is
secured to the lot or tract (exhibit D).
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Exhibit D.
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(e)
Where lots or tracts are irregular in size or shape, then pro rata
charged shall be based upon equivalent rectangular lots or tracts
using one foot for each 120 square feet of area, or the pro rata charges
provided herein on the average frontage of such tracts, whichever
is least (exhibit E).
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Exhibit E.
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(f)
Where lots or tracts are intended to be used for other than one or
two family dwellings and have a depth greater than 150 feet from the
front street lines, then the pro rata herein provided shall be paid
on the frontage on all streets which the property may abut minus 150
feet frontage for each corner of the property abutting a street intersection.
Should said property be re-subdivided whereby main extensions are
required to serve same, the terms of this division shall apply.
(g)
Where unsubdivided tracts of land are to be developed as a unit for shopping centers, apartment sites, industrial sites, or other similar uses, the applicant will pay pro rata charges on street frontages as outlined for business properties. Any mains extended through or into such tracts for service to individual buildings or leased spaces will be built at the applicant’s expense in accordance with section 10-3-67. Metering and service connections shall be in accordance with chapter 13, City’s Code of Ordinances (exhibit F).
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Exhibit F.
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(Ordinance 2018-20 adopted 5/8/18)
(a)
Upon request of an applicant and receipt of payment of the charges
due, the city shall extend, lay or construct all necessary sanitary
sewer and water mains, including valves and hydrants a distance of
100 feet, excluding streets, alleys, etc., plus the distance across
the frontage necessary to provide the service for which application
has been made. The owners of all intervening property served by the
given main extensions will be required to pay the charges provided
for herein at such time as their property is connected to the mains
thus laid. Where an applicant for service secures an extension and
service under this particular option for main extensions, he will
pay the pro rata charges on all property owned by him and which is
served by the extension requested. In applying the 100 foot rule,
the required extension of main shall be figured in such manner as
to leave out of the calculations that portion of any main adjacent
to property already having other than a temporary water service, and
for which the pro rata charges thereon have been paid or credited
under terms of this division (exhibit G).
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Exhibit G.
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(b)
An exception to the above 100 foot rule shall be made where two or
more individual applicants desire water and/or sanitary sewer service
and the nearest applicant is more than 100 feet from existing mains;
the city shall extend their mains upon receipt of payment of the charges
due under this division provided there is one customer for every 100
feet of such extension, excluding street intersections and that portion
of the extension adjacent to property already having other than temporary
water and/or sanitary sewer service (exhibits H and I).
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Exhibit H.
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Exhibit I.
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(c)
At the option of the city, the following method for extending water
and sanitary sewer mains may be used where the applicant’s property
is more than 100 feet from an existing water or sanitary sewer main.
This method shall be evidenced by a written contract between the applicant
and the city and shall be available only for use by an individual
owner, personal or corporate, to secure water and sanitary sewer service
for the individual’s residence or business. Where eligible for
this option, the applicant may advance and pay unto the city the entire
pro rata costs as set forth in this division, to wit:
$7.00 per front foot of the lot or tract of land to which water
or sanitary sewer connections may be made on all property served by
the desired main extension, less the 100 feet allowable. Such amounts
shall be paid for each side of the street or alley, except that as
to applicant’s own frontage he shall pay for his side only.
The city, when said money has been actually deposited with the director
of finance, will construct the said desired water and/or sanitary
sewer main along a street, alley or easement. When any property for
which such person had advanced the pro rata costs is connected to
the said main extension, then, in that event, the pro rata advanced
for the frontage of the connecting property shall be refunded by the
city to the applicant making the original deposit. At such time as
sufficient frontage is connected so that the original applicant who
advanced total pro rata would be eligible for extension under other
provisions of this division, such applicant will be refunded the remainder
advanced except for the charges due on the property for which the
extension was originally made. The refund provisions of any such extension
contract shall be effective only for a period of five calendar years
from date of acceptance of the improvements by the city. No applicant
or contracting party will be eligible for refunds after this period
has expired (exhibit J).
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Exhibit J.
 |
(d)
When extension is requested by an industry or commercial concern
using large quantities of water and cannot meet the requirements of
one customer per 100 feet, then extension may be made at the discretion
of the city provided 40% of the estimated annual revenue from such
customer will support interest and principal payments on the total
cost of the extension required to serve.
(Ordinance 2018-20 adopted 5/8/18)
Should property be rental or leased property, the city is authorized
to refuse service on the property and/or to discontinue service to
any or all properties owned by, or places served in the name of, the
owner until the property owner makes satisfactory arrangements with
the city under the terms of this division to pay the applicable pro
rata.
(Ordinance 2018-20 adopted 5/8/18)
Where, in the opinion of the director of public works or the
director of utilities, the property is subject to flooding or the
sanitary sewer is subject to being surcharged due to infiltration
of stormwaters, or the property is subject to being flooded by an
overcharged sewer due to its elevation in relation to the proposed
sewer line, then the owner or developer shall be denied a sanitary
sewer main for service to the property unless the owner or developer
agrees to install check or backflow valves in each house sewer and
agrees to indemnify fully the city and save it whole and harmless
from and against any and all damages, costs, or expenses of every
kind, character or nature, where real or asserted, accruing upon or
about the buildings due to surcharge of the sanitary sewer. Said agreement
shall be executed by the owner or developer of the property and filed
in the deed records of the county, and shall be a covenant running
with the land and shall be binding on the owner, his successors or
assigns.
(Ordinance 2018-20 adopted 5/8/18)
(a)
Basis of extension inside city limits.
(1)
Where extensions of water and sanitary sewer systems are required to serve property inside the city limits, as now adopted or as hereinafter amended by annexation, which is to be subdivided or platted for development by a developer as defined in section 10-3-62 above, water and sanitary sewer facilities may be extended to such properties on the following basis and in accordance with minimum standards and procedures described below:
(2)
Platting required.
Water and sewer service from the
city shall not be available to any lot, tract or plot of land, or
any part thereof, unless and until a plan, plat or replat of such
lot, tract or plot of land has conformed to the platting requirements
of the city, has been approved by the city planning and zoning commission,
and has been filed for record with the county clerk of Ector or Midland
County, Texas, as appropriate.
(3)
Before final platting, owners of the tract or subdivision shall submit to the director of public works, for his approval, a plan showing the location and size of water and sanitary sewer mains, and valves and fire hydrants as detailed in section 10-3-69 to follow, which will be required to insure adequate service and fire protection to the lots specified in such proposed tract or subdivision. Should the developer desire to plat more lots than he will construct utilities to serve, the city council may, in its discretion, accept in lieu of such finished work or accomplished contract a bond or bank letter of credit in such sum as it may deem sufficient as a guarantee that such water and sanitary sewer mains, valves and fire hydrants will be installed and completed within such time as it may designate, and the developer shall furnish a covenant running with the land agreeing to construct such utilities and the city council may accept and approve such plans before the actual installation of water and sanitary sewer mains, valves or fire hydrants.
(4)
Any owner of two or more lots in a subdivision in which water and
sanitary sewer mains, valves and fire hydrants have not been installed,
who builds improvements on such lots for resale or rental and desires
to connect such property to city water or sanitary sewer shall be
considered to be a developer for purposes of this section. Such owner
shall comply with all requirements imposed by this section upon developers
for obtaining city water or sanitary sewer. Requirements may include
installation of separate water and sewer laterals for each lot created
by dividing a previously serviced lot.
(b)
Basis of extension outside city limits.
Water and sanitary
sewer facilities may be extended outside the city to certain eligible
property subject to listed conditions.
(1)
Eligibility.
If property is not within the city limits,
city shall not extend its water or sewer services (collectively referred
to as “city services”) to such property unless such property
is eligible by reason of one or more of the following conditions:
(A)
City services at the time of the adoption of this division.
However, if based on an industrial district contract, or other contract,
such industrial district contract, or other contract, must continue.
(B)
Subject to a current industrial district contract. (An industrial
district contract is required in order for property to receive city
utility services if such property is authorized for the creation of
an industrial district in the extraterritorial jurisdiction of the
city as provided in section 42.044, Texas Local Government Code. The
statute provides that “industrial district” has the meaning
customarily given to the term but also includes any area in which
tourist-related businesses and facilities are located. Attorney General
Opinion No. JM-189 states that an industrial plant is a factory, business
or concern which is engaged primarily in the manufacture or assembly
of goods or the processing of raw materials, or both.)
(C)
Subject to a water contract approved by a water control and
improvement district and the city.
(D)
Included within an area designated by the state or federal government,
or both, as a superfund impacted service area, where the capital expense
of installing the water works is to be funded by the state or federal
government, or both, by contract approved by the city.
(E)
Is owned by a government entity and water service is used for
purposes of irrigation of government property pursuant to a contract
with the city.
(F)
When the right-of-way, design and construction are funded by
another governmental entity pursuant to a contract or contracts approved
by the city council.
(G)
Sewer services can be extended by contract to other entities
remediating contaminated groundwater necessary to protect the water
in the affected aquifer. The city may also provide water service to
the residential property owners whose groundwater has been contaminated
and is being remediated by the entity. The entity shall pay all right-of-way,
design, construction, and all remediation monitoring, operation and
maintenance costs.
(H)
The property to be served immediately abuts or fronts an existing
and authorized city water distribution line, if water service is requested,
and a city sewer collection line, if sewer service is requested. This
policy shall also apply to a sewer collection line of Gulf Coast Authority
provided such use is authorized by contract between Gulf Coast Authority
and the city. This section shall not apply, however, if city does
not have authority to use the line. This subsection shall also not
apply if, because of special circumstances, the proposed use would
be cost prohibitive or create a special operational problem as determined
by the city manager, or his/her designee. This subsection shall not
apply if it is for an industrial use and an industrial district contract
is required. This subsection does not apply to land that is intended
to be subdivided or developed.
(I)
The facilities to be constructed and/or the right-of-way to
be granted to the city are considered beneficial to the city, as determined
by the city council, taking into consideration the total city system.
However, if it is an industrial use, an industrial district contract
shall be required.
(J)
In the event that the property of the applicant for water or sewer service is not eligible for designation as an industrial district, but the city manager determines that the proposed use should be approved for purposes of economic development and the creation of jobs, and that it will not have a negative effect on the health and safety of the community, the city manager is authorized to approve a contract for city utility services, as an exception to the requirement in subsection (b)(1)(H) that, “the property to be served immediately abuts or fronts an existing and authorized city water distribution line, if water is requested, and a city sewer collection line, if sewer service is requested.”
(K)
In addition to the above listed eligibility requirements, the
city manager shall use the following criteria in determining if water
or sewer service will be provided:
(2)
Conditions for utility services outside city.
In the event that property is eligible for an extension of services as provided in subsection (b)(1), such extension of services shall require compliance with the following conditions:
(A)
Water and sewer service from the city shall not be available
to any lot, tract or plot of land, or any part thereof, unless an
approved plat or replat of such property is filed of record with the
county clerk of Midland or Ector County.
(B)
City must own or be granted, clear of any claims, liens, or
charges, all utility easements, right-of-way easements, necessary
approvals of other governmental or private entity, mainline extensions,
pipes, valves, necessary appurtenances and meters necessary to deliver
water or sewer to the property of the owner without any cost to the
city. Any water meters shall be unobstructed by fences, gates and
other visual impediments.
(C)
The owners must agree to sign a contract, approved by the city
manager, setting forth all of the terms and conditions and agree that
the contract can be filed in the deed records so as to bind subsequent
purchasers of the property purchasing water or sewer service from
the city.
(D)
No connections will be allowed into a large transmission main
or interceptor.
(E)
Rates will be assessed at 1.5 times the comparable service rate
in the city; and in the event that the rate is ever reduced or modified
by law or by a higher regulatory authority, the city shall have the
right to terminate the service. If in an industrial district, the
rate shall be 1.0 times the comparable service rate in the city.
(F)
The owner shall comply with any applicable state or federal law, the city’s plumbing ordinance, quality standards for sewage as specified in article 13-2, division 4 of the city code, and all other ordinances regulating and specifying requirements for water and sewer use in the city, as now or hereinafter adopted, or as hereinafter amended, including the right to connect or disconnect users. If the owner’s plumbing does not meet the city’s plumbing code, the owner will be required to install a backflow assembly approved by the city. The assembly must be tested by a backflow prevention assembly tester registered with the city upon installation and annually thereafter.
(G)
Cross connections to the public water supply shall be prohibited
and an air gap or backflow assembly approved by the city may be required.
If required, the owner shall be responsible for the cost of installation
for initial and annual testing as well as ongoing maintenance of the
assembly.
(H)
The city reserves the right to annex the property pursuant to
law unless subject to an industrial district contract. The fees to
be charged by city for utility services are not to be interpreted
as payments in lieu of annexation.
(I)
The provision of water service shall also be subject to any
requirements imposed by the Colorado River Municipal Water District,
the supplier of water to the city.
(J)
The quantities of water to be delivered to owner shall be limited
as follows:
(i)
to those quantities available for sale and delivery after first
satisfying the demand and needs of all city and city customers uses
within the city limits of Odessa, at the time of delivery, and
(ii)
committed by contract to other persons or private or public
entities, located outside the city limits, prior to the approval of
the contract. In the event of curtailment, city and customer uses
in the city shall have the highest priority. Exceptions may be made
for purposes of economic development.
(K)
Use of water must comply with the city water conservation and
drought contingency plan.
(L)
Other conditions considered reasonable and necessary by the
city manager, or the city manager’s designee.
(M)
The owner must be willing to pay all costs for the construction
of the water or sewer lines. These costs shall include design, right-of-way/easement,
and construction costs as well as city costs required to evaluate
the feasibility of the project and to inspect the installation. All
constructed lines must be approved and accepted by the city pursuant
to city’s permitting and construction requirements.
(N)
The owner must pay, before the city will process a request for
service outside the city limits, the outside city utility service
application fee of $50.00 for the initial lot and an additional $10.00
for each additional lot. If service is approved, the owner must pay
all filing fees for the contract.
(O)
Requirements may include installation of separate water and
sewer laterals and taps for each lot created by dividing a previously
serviced lot.
(c)
Extensions within property to be developed.
(1)
Developers of such property will defray the entire cost of water
and sanitary sewer systems within their subdivision except that the
city will refund the oversize cost of any water main or sanitary sewer
main larger than 8" in size, unless a larger size is required to serve
the subdivision in question. The city engineer shall determine the
size of mains for adequate service. The city will make refunds of
oversize cost, upon acceptance of the systems (exhibits K and L).
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Exhibit K.
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Exhibit L.
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(2)
Mains lying along one or more sides of a subdivided tract:
(A)
For side mains 8" and smaller the developer will be refunded one half the evaluated cost of the size main constructed as set forth in section 10-3-70 below, such refunds will be made upon acceptance of the system by the city.
(B)
For side mains larger than 8" in size the developer will be
refunded the difference between the evaluated cost of such water and/or
sanitary sewer main and one-half the evaluated cost of an 8" main
or such larger sizes as are required to serve the subdivision for
which extensions are required, provided the developer has advanced
the total cost of such mains. Where such mains are laid by city contract
in conjunction with the development, the developer will pay the city
one-half the evaluated cost of an 8" water or sanitary sewer main,
or such sizes as are required to serve the subdivision. Upon acceptance
of the system by the city, any refunds due will then be made (exhibit
M).
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Exhibit M.
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(d)
Off-site extensions.
Off-site extensions required to
serve property development: where water and/or sanitary sewer facilities
are not available to a tract to be developed the city will extend
such facilities to the nearest subdivision property line within the
following limitations:
(1)
Water transmission mains or trunk sewers for which funds have been
specifically programmed and for which funds are available, will be
extended to serve property to be developed, provided the total cost
of such off-site water and/or sanitary sewer facilities, including
city inspection and engineering costs, is determined by the city,
in its sole discretion, to be reasonable based on proximity to existing
facilities, potential for development, and the ability to provide
appropriate water and sewer service. Where programmed items of construction
will extend through the area to be subdivided, and such construction
is accomplished by city contract, the developer will pay to the city,
the pro-rata price of an 8" water and/or sanitary sewer main or such
sizes as are required to serve the subdivisions for which extension
is required.
(2)
Off-site water and sanitary sewer mains for which funds have not been specifically programmed will be constructed at the expense of the developer requiring such extensions; provided, however, that the city will refund the cost of such mains offsite, as by the pro-rata costs established in section 10-3-63, as adjacent development occurs to the installed line. In no instance will more than the total evaluated cost of off-site facilities be refunded. The developer will not be eligible for any refunds after five (5) calendar years from date of acceptance of the improvements by the city.
(Ordinance 2018-20 adopted 5/8/18)
(a)
Where a main is in place or proposed to be built by the city in or
adjacent to the property to be developed: should an existing or proposed
water main or sanitary sewer main lie in a street, alley or easement
in an area or tract of land to be subdivided and developed, before
extensions from or connections to such line or lines will be made
by a developer he shall pay to the city the total of $14.00 per linear
foot of water main and $14.00 per linear foot of sanitary sewer main.
Should such existing or programmed main lie alongside the subdivision,
one-half of these costs shall be paid (exhibit N).
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Exhibit N.
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(b)
These charges shall not be assessed to platted lots fronting a water
transmission main that is in place and existing because connection
to serve the individual lots from a transmission main is not allowed.
In such instances the developer shall install a service main, if needed,
to serve his property. Where such transmission main will side the
platted property the developer will pay one-half the pro rata charges
due (exhibits O and P).
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Exhibit O.
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Exhibit P.
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(c)
Where lots are platted backing a thoroughfare or street and a duplicate
service main is built on their frontage street, the charges will not
be assessed on the main to the rear of the lot (exhibit Q).
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Exhibit Q.
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(d)
Mains smaller than those defined as standard will be replaced by
the developer with mains determined by the city engineer to be of
adequate size for permanent service, or the developer will pay pro
rata for such distance as the main must be replaced, whichever cost
is greater.
(e)
Charges due the city from developers for existing mains serving the
development will be offset against refunds which are or will become
due the developer for laying mains in the same development. Charges
due the city in excess of refunds will be paid before water or sanitary
sewer service is made available to the development. Such monies shall
be paid to the utilities fund of the city and will constitute a charge
for use of such water and/or sanitary sewer main in place. The city
will pay refunds due the developer in excess of charges, within 30
days of its acceptance of the mains.
(Ordinance 2018-20 adopted 5/8/18)
Water and sanitary sewer main extensions to serve a real estate
subdivision in the city may be accomplished in the following manner:
(1)
By private contract.
(A)
Upon approval by the city, a developer of an addition or plat shall
design and prepare construction plans of water and sanitary sewer
facilities, or either of them, to serve the subdivision, including
any access or off-site facilities that may be required. These plans
shall conform in all details to the city’s standard as to design,
location, and size, and quality of materials and construction. City
standards and specifications shall be minimum requirements.
(B)
The engineer submitting the plans and specifications must be a licensed
professional civil engineer in the state, and affix seal and signature
to the originals of all plans and specifications in accordance with
applicable rules and regulations.
(C)
Three copies of the preliminary plans for water and sanitary sewer
lines shall be submitted to the city’s public works department
for approval along with a copy of the preliminary plat. After review
of the preliminary plans by the city, one copy, along with a copy
of the city’s comments and recommendations, will be returned
to the developer’s engineer.
(D)
Three copies of the completed drawings for water and sanitary sewer
plans and specifications shall then be submitted to the director of
public works for final approval, accompanied by two copies of the
standards and specifications, two copies of the plans and specifications
of the storm sewers and street and alley grades as approved by the
department of public works and two copies of the plat of the addition
that has been recorded in the records of the County of Ector or Midland
and has been so stamped. Upon final approval, one copy of the plans
will be returned to the developer’s engineer for the purpose
of making such corrections or changes as the city may require. The
developer’s engineer will then furnish the public works department
three sets of corrected plans plus a complete set of reproducible
sepias and digital media which will become permanent property of the
department of public works.
(E)
Upon final approval of the plans by the city, the developer may enter
into a contract with any individual or may himself construct the system
as so planned; provided, however, that the construction and installation
of the water mains and sanitary sewer mains, or either of them, shall
be inspected by inspectors of the city to see that the installation
is made in accordance with the plans and of the city’s standard
specifications which, in every instance, shall be a part of said installation
contract. The person or company doing the construction work shall
meet all of the city requirements as to permits, right-of-way construction
bonds, and insurance for right-of-way construction work.
(F)
When the project is ready for construction, line and grade stakes
will be set by the developer’s engineers; but these stakes will
not be set until after the developer’s engineer has properly
staked on the ground with iron pins all points of curves, all points
of tangency, all block corners, and all lot corners within the subdivision.
(G)
No installation of water or sewer mains will be made at any other
location except a dedicated street, alley, or an easement running
in favor of the city which has been filed for record with the county
clerk of Ector or Midland County, Texas, by the owner of said addition.
(H)
Any such installation, when made, shall become the property of the
city, free and clear of all encumbrances.
(2)
By city contract.
(A)
The procedure for approval of construction plans shall be as for
private contract, subsection (1) above.
(B)
Upon approval by the city a developer of an addition or plat shall design and prepare construction plans of water and sanitary sewer facilities that may be required. The city will not be obligated to proceed under a city contract for partial construction of a project. Bids for this construction work shall be secured and a contract awarded at a regular meeting of the city council. The developer of the addition or plat shall, prior to award of the contract, deposit with the city the total estimated cost of all extensions required to serve, including the cost of approach or off-site mains fronting property not owned by the developer, if required by the provisions of section 10-3-67(c), plus engineering and inspection fees. The city will inspect the construction of such mains and upon determination of final completion cost, will refund any excess amount deposited or require of such developer additional funds due to defray the entire cost of the entire project. Refundable amounts for off-site costs or oversize cost shall be in accordance with section 10-3-67 preceding and will be determined and refunded on the basis of unit bid prices of the project; provided, however, the city reserves the right to reject any unbalanced or unfavorable bid and may refuse to proceed under this basis if weather or seasonal conditions are likely to cause excessive costs to bid for the work. If the developer desires to proceed under a contract deemed to be unbalanced or unfavorable, refundable amounts for off-site or oversize cost will be determined and refunded on the basis of evaluated cost. If the developer selects the city contract option, he shall stake the subdivision as for private contract, subsection (1) above, prior to a work order being issued by the city and shall properly coordinate after construction contracts so as not to interfere or damage water or sewer mains in place. Any damage, relocation or revisions necessitated by other construction shall be for the developer’s account and the city may withhold water and sewer service until such accounts are settled.
(Ordinance 2018-20 adopted 5/8/18)
Evaluated prices shall be based on the five (5) year construction
history and/or recent public bidding history as determined by the
city engineer. The most recently completed annual construction report
produced by the engineering division will be used for these purposes.
(Ordinance 2018-20 adopted 5/8/18)
Any developer desiring to make the installation of water and
sanitary sewer main, or either of them, shall file a letter in writing
with the director of public works, stating that he elects to make
the installation under the terms and provisions of this division,
which said letter when received and accepted by the city shall then
be binding upon both parties, that is, the city and the developer.
(Ordinance 2018-20 adopted 5/8/18)
Any and all sums of money hereinafter collected as a fee or
connection charge, at the rate set out in this division, shall be
credited to the utilities fund of the city.
(Ordinance 2018-20 adopted 5/8/18)
In no event shall the city be obligated to proceed under the
terms of this division if funds are not available or if, in the discretion
of the city the extensions may not be practical.
(Ordinance 2018-20 adopted 5/8/18)
The right of persons entitled to refunds under previous ordinances
where the installations have actually been made of water and/or sanitary
sewer mains prior to the adoption of this division shall remain unaffected
by this division. All right and remedies which have accrued in favor
of the city under said previous ordinances and amendments thereto
shall be and are preserved for the benefit of the city.
(Ordinance 2018-20 adopted 5/8/18)
All property platted into lots or tracts and having existing
adequate water and sanitary sewer mains installed by the city at the
effective date of the original pro rata ordinance, May 11, 1954, shall
be exempt from the pro rata charges for the water and sanitary sewer
mains as to the said existing mains. Where such property is later
subdivided, whereby an extension of mains is required to serve same,
then the terms of this division shall govern. Where the property owner
or developer has already paid or contributed towards any of the existing
mains, then the property properly served by the existing mains without
extension thereof shall be exempt from the pro rata charges for water
or sanitary sewer connections.
(Ordinance 2018-20 adopted 5/8/18)
Where an administrative officer of the city is given the authority
by this division to make a determination or finding, any person disagreeing
with such determination or finding may appeal to the city council;
provided, however, if the ordinance sets out criteria or guidelines
for such determination or finding by the administrative officer, the
city council shall follow such criteria or guidelines in deciding
to appeal or amend the subject ordinance.
(Ordinance 2018-20 adopted 5/8/18)
All existing ordinances, resolutions (particularly a resolution
adopted by the city council on May 11, 1954, and amendments thereto)
and all policies of the city in conflict with the provisions of this
division are hereby repealed to the extent of such conflict and only
to such extent. However, any developers refund contracts heretofore
made under previous ordinances, resolutions or policies, which contracts
are still in effect, shall not be affected by this division.
(Ordinance 2018-20 adopted 5/8/18)
If any section, paragraph, sentence, clause or phrase of this
division shall be held by a court of competent jurisdiction to be
invalid, such invalidity shall not affect the validity of the remaining
parts of this division. The city council hereby declares that it would
have passed the remaining parts of this division if it had known that
such part or parts thereof were held to be invalid.
(Ordinance 2018-20 adopted 5/8/18)
