(a) 
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 and sewer line shall be hereafter connected with any water main or sanitary sewer line in the city constructed by a developer with whom the city has contracted for reimbursement of oversizing or constructing water or sewer mains or lines. The charge shall be at a rate per lot or acre as was agreed to by such contract, which shall be based on total evaluated or contract cost divided proportionately by acreage or number of lots served.
(b) 
Pro rata charges shall be collected at the time of platting or, if the city’s records do not show that such pro rata charges were paid at the time of platting, prior to issuance of a building permit.
(c) 
Such charges shall be placed in trust funds for the reimbursement of the developer who constructed the line and transmitted to such developer as soon as practicable.
(d) 
Upon the expiration of the pro rata contract for reimbursement of the developer, such charge shall not be collected.
(1976 Code, sec. 32-80; 1998 Code, sec. 130-111; 2013 Code, sec. 60-215)
The city council shall, from time to time, fix and determine the nature and extent of water and sanitary sewer improvements and the kind of material and construction in such improvements. The city shall be under no obligation under this article to expend funds to extend water or sewer service to any area within the city or to permit connections to its water or sewer system if there is reason to believe such systems are inadequate to serve the existing service area after such connections are made. The city shall never be obligated to serve any area outside the city.
(1976 Code, sec. 32-81; 1998 Code, sec. 130-112; 2013 Code, sec. 60-216)
Prior to the approval of any final plat, the owner of the tract or subdivision shall submit, to the same officer as plats are submitted to, a map or plat showing the location and size of water and sanitary sewer mains and valves and fire hydrants which will be required to ensure adequate service and fire protection to the lots specified in such proposed tract or subdivision. Such plans shall be deemed a portion of the required materials for the plat, and should such plans not in the opinion of the city provide adequate service and protection, then such plats may be denied. The owner of any tract or subdivision of land within and without the city which has already been laid out in lots for the purpose of sale for residences or for other purposes, but in which water and sanitary sewer mains, valves and fire hydrants have not been installed as herein provided, shall, prior to connection to any city main, submit such plans as would be required as if the plat were then being offered. Should such plans not, in the opinion of the city, furnish adequate service and protection, no connection to city services will be allowed.
(1976 Code, sec. 32-82; 1998 Code, sec. 130-113; 2013 Code, sec. 60-217)
(a) 
Developers of property will defray the entire cost of the water and sanitary sewer systems within their subdivision, except that the city will refund the oversize cost of any water main or sewer main larger than eight inches in size unless a larger size is required to serve the subdivision in question. Size of mains for adequate service shall be determined by the director of public works, and his decision will be final. Refunds of oversize cost will be made upon acceptance of the system by the city.
(b) 
For mains eight inches and smaller constructed alongside a tract and serving property other than a subdivision for which the extensions are made, the developer will be refunded one-half the oversize cost, such refunds to be made upon acceptance of the system by the city.
(c) 
Where such along-site mains larger than eight inches serve other property, the developer will be refunded 100 percent of the difference between the cost of such main and the cost of an eight-inch main or such larger sizes as are required to serve a subdivision for which the extension is required. 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 eight-inch water or sanitary sewer main, where such sizes as are required to serve the subdivision. All refunds under this section, when due, will be made upon acceptance of the system by the city. Cost as used in this section shall be deemed to mean evaluated cost, as hereinafter set forth.
(1976 Code, sec. 32-83; 1998 Code, sec. 130-114; 2013 Code, sec. 60-218)
Water and/or sewer mains may be extended to serve property which has been subdivided or platted for development and resale, on the following basis and in accordance with the minimum standards and procedures:
(1) 
On-site extensions totally within property to be developed.
A developer shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within a subdivision, except that the city will:
(A) 
Credit against water and sewer impact fees the cost of such water and sewer improvements as appear on the impact fee capital improvements plan; and
(B) 
In the case of noncapital improvement plan improvements, enter into a pro rata refunding contract for the evaluated oversize cost of any main larger than necessary to serve the property to be developed; provided, however, the city shall not contract for the cost of any main except those larger than eight inches. The cost of oversize mains shall be evaluated as set forth in section 12.05.007. Size of mains necessary for adequate service shall be determined by the city.
(2) 
Along-site mains lying along one or more sides of subdivided tract and serving property other than the subdivision for which the extensions are made.
For water and sewer mains not on the city’s capital improvement plan which serve property adjacent thereto, the developer may request and the city may grant a pro rata refunding contract for a portion of the cost of such line, as provided by section 12.05.001.
(3) 
Off-site extensions totally outside of property to be developed.
Where water and/or sewer facilities are not available to a tract to be developed, mains may, at the discretion of the city, be extended to the subdivision at the expense of the developer requiring such extension. If the mains appear on the capital improvements plan upon which the water and/or sewer impact fees are based, the developer shall be allowed a credit as provided by the impact fee regulations. If such mains do not appear on such plan, the city will enter into a pro rata refunding contract with the developer to pay the cost of such line at the time it is paid for by the developer whose property it serves; provided, however, the city shall not be obligated to pay more than the amount of actual pro rata charges which it has collected for connections to the line.
(4) 
Substandard mains area.
In an area where a subdivider’s property is not adjacent to existing mains meeting current city size specifications, but substandard mains are adjacent, the subdivider must reconstruct off-site mains to city specifications and construct mains to city specifications within the subdivision, subject to a pro rata refunding contract and/or credits against impact fees.
(1976 Code, sec. 32-84; 1998 Code, sec. 130-115; 2013 Code, sec. 60-219)
Water and sanitary sewer main extensions to serve a real estate subdivision of the city may be accomplished by private contract (with or without pro rata refund). Upon approval by the city, a developer of an addition or plat shall design and prepare construction plans of water and sanitary sewer facilities 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, grade, location, size and quality of materials and construction.
(1) 
Plans and profiles submitted by the developer’s engineer shall be inked on standard 24-inch by 36-inch sheets of tracing linen. Plans and profiles shall be shown at a scale of one inch to 40 feet horizontal and one inch to four feet vertical, unless otherwise approved by the city. Plans and profiles shall show clearly all surface improvements, all existing or proposed subsurface utility lines and obstructions and street and alley grades as approved by the city. The engineer submitting the plans and profiles must be a registered professional civil engineer in the state, and he must affix his seal and signature to the tracings of all plans and profiles.
(2) 
Upon preliminary approval of the plans by the city, the developer may enter into a contract with any individual or may himself construct a system so planned; provided, however, that the construction and installation of the water mains and sanitary sewer mains shall be supervised by inspectors of the city to see that the installation is made in accordance with the plans and the city’s standard specifications, which in every instance shall be a part of such installation contract.
(3) 
The completed tracings for water and sanitary sewer plans and profiles shall then be submitted to the city for final approval, accompanied by two copies of the plans and profiles of the storm sewers and street grades as approved by the city and one copy of the plat of the addition that has been recorded in the records of the county and has been so stamped. Upon final approval, the tracings will be returned to the developer’s engineer for the purpose of making such prints as the city may require, after which the tracings shall be returned to become permanent property of the city.
(4) 
When the project is ready for construction and the plat approved by the city is filed for record, line and grade stakes will be set by the developer’s engineers subject to the approval of the city, but these stakes will not be set until 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.
(5) 
No installation of water mains will be made at any other location except a dedicated street, alley or an easement running in favor of the city which shall be filed of record by the owner of such addition.
(6) 
Any such installation, when made, shall become the property of the city, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a performance bond and payment bond equivalent to that which the city uses in its standard specifications and which shall be a part of such installation contract. The city shall be named as one of the beneficiaries in such bond.
(7) 
In the event the developer makes the installation himself then he shall execute a performance and payment bond in favor of the city in the same form and condition and in the same manner as provided for in the standard contract document used by the city in the making of water and sanitary sewer installations.
(8) 
Such installation by the developer or a contractor shall be made in a manner which will not interfere with or damage existing water or sewer mains. Any damage, relocation or revision necessitated by other construction shall be charged to the developer’s account, and water and sewer service shall be withheld by the water utilities department until such account is settled.
(9) 
The city specifically reserves the option to advertise for bids to install all or any portion of extensions to water and sanitary sewer lines over eight inches in size where evaluated prices are not specified as set forth hereinafter.
(10) 
At the option of both the city and the developer, the city and the developer may enter into a refunding pro rata contract, not to exceed seven years, by which the city will refund to the developer all or a portion of the pro rata payments received during such time by the city for service connections to lines constructed at the sole or partial expense of the developer. All such refunds shall be made on April 1 and October 1 of each year and shall include funds then accrued to the credit of the developers. No refunds will be made by the city to any developer after seven years from the date of the contract, nor shall the city ever be liable for payment of interest on any refunds provided for herein.
(1976 Code, sec. 32-86; 1998 Code, sec. 130-116; 2013 Code, sec. 60-220)
(a) 
No person shall construct, reconstruct, alter, repair, remove or replace any water or sanitary sewer improvements on any public property within the city limits without first obtaining from the engineering department a permit to do so.
(b) 
No such permit shall be granted unless the two-year maintenance bond provided for in section 12.05.010 is in full force and effect at the time of request for such permit, and the doing of the work.
(1976 Code, sec. 32-88; 1998 Code, sec. 130-118; 2013 Code, sec. 60-222)
No person shall be granted a permit to construct, reconstruct, alter, repair, remove or replace any water or sanitary sewer improvements on any public property without paying certain fees to the city for inspection of such work, which fees are established as three percent of the total contract price.
(1976 Code, sec. 32-89; 1998 Code, sec. 130-119; 2013 Code, sec. 60-223)
(a) 
Required.
No person shall construct, reconstruct or repair any water or sanitary sewer improvement in the city without executing and delivering to the city a bond in the sum of $10,000.00 for each $100,000.00 of construction work performed, payable to the city, from an approved surety company.
(b) 
Conditions.
Such bond shall be conditioned that all work done in the construction, reconstruction or repair of any water or sanitary sewer improvements shall be done in a good and workmanlike manner, and that such person shall faithfully and strictly comply with the specifications and with the terms of this code and such ordinances, resolutions or regulations that may be passed by the city council governing and relating to the construction, reconstruction, or repair of any water or sanitary sewer improvement, and that the city shall be fully indemnified and be held whole and harmless from any and all costs, expense or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work. Such bond shall be conditioned further that the principal shall, without additional cost to the person for whom the work was done, maintain all water and sewer improvements so constructed, reconstructed, or repaired by the principal for a period of two years from the date of final acceptance of such construction, reconstruction or repair to the satisfaction of the engineering department of the city, and shall reconstruct or repair any water or sanitary sewer improvement to the satisfaction of the engineering department of the city at any time within two years after the final acceptance of the construction, reconstruction, or repair of any water or sanitary sewer improvement and after ten days’ notice from the engineering department to reconstruct or repair the same, and that the opinion of the engineering department as to the necessity of such reconstruction or repair shall be binding on the parties thereto.
(c) 
Term.
Such bond shall, for the purposes mentioned in subsection (b) of this section, be in force for two years after the final acceptance of any water or sanitary sewer improvement which is constructed, reconstructed, or repaired, and one recovery shall not exhaust the bond, but such bond shall be a continuing obligation against the sureties thereon until the entire amount therein provided for shall have been exhausted. In case the bond shall be decreased on account of any recovery which may be obtained, arising out of the violation of any condition of the same, the city council shall require, upon notice to it of such fact, an additional bond to be given in accordance with this section in an amount sufficient, when added to the non-exhausted amount of the original bond, to be at all times equal to the sum of $10,000.00 for each $100,000.00 of the construction work performed.
(d) 
Suits.
The city may, for itself or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction or repair of any water or sanitary sewer improvement by any person, maintain suit on such bond in any court having jurisdiction thereof, or suit may be maintained thereon by any person injured or damaged by reason of the failure of any person who shall construct, reconstruct, or repair any water or sanitary sewer improvement in the city to observe the conditions of such bond.
(1976 Code, sec. 32-90; 1998 Code, sec. 130-120; 2013 Code, sec. 60-224)
Water and sanitary sewer improvements shall be constructed, reconstructed or repaired in accordance with water and sanitary sewer specifications for the city on file in the office of the city secretary and city engineer styled “Standard Specifications for Public Works Construction,” first edition, 1983, by the North Central Texas Council of Governments, and “Standard Plans for Water, Sanitary Sewer, Paving and Storm Drains, Forest Hill, Texas,” dated September 28, 1984.
(1976 Code, sec. 32-91; 1998 Code, sec. 130-121; 2013 Code, sec. 60-225)
All work in construction, reconstruction, and repairing of water and sanitary sewer improvements shall be done under the supervision and subject to the direction and approval of the city public works department, whose decision shall be final.
(1976 Code, sec. 32-92; 1998 Code, sec. 130-122; 2013 Code, sec. 60-226)