(A)
City:
Developer:
Development:
Director:
Lot:
Oversize main:
Pro rata:
Property owner:
Subdivider:
Subdivision:
Definitions.
The City of Midland, Texas.
The person, business, corporation or association responsible
for the development of the subdivision or lot, and includes the property
owner or subdivider.
Any manmade change to improved or unimproved real estate,
including, but not limited to, construction of buildings or other
structures, which results in demand for water or wastewater facilities
and which requires connection to the City's water or wastewater system.
The director of engineering and transportation for the City
of Midland.
A tract, plot or portion of a subdivision, addition or other
parcel of land intended as a unit for the purpose, whether immediate
or future, of transfer of ownership or possession, or for development.
A water or wastewater main required to interconnect property
being developed with the City's water or wastewater system, which
exceeds the size of an eight-inch water main or a ten-inch wastewater
main.
A charge made against a lot abutting a water or wastewater
main that is proportional to the front footage of the lot and that
is imposed to reimburse a developer for installing or paying for the
main.
The record title holder of the premises served with water
or wastewater from a connection to the City's water or wastewater
system.
Has the meaning given that term in the City's subdivision
regulations.
Has the meaning given that term in the City's subdivision
regulations.
(B)
Method
of enforcing pro rata payment.
Nothing herein shall be
deemed in any way to be an exclusive method of enforcing the payment
of pro rata fees against the property owner, and shall not be deemed
in any manner to be a waiver of the City's right to validly assess
the property owner for the costs of installing a standard size water
or wastewater main and to affix and enforce liens against said property,
all of which may be done as provided by ordinance in the manner prescribed
by law.
(C)
Application
of pro rata fees to existing mains predating Chapter.
Pro rata fees imposed on property abutting a water or wastewater
main installed by a developer prior to the effective date of this
Chapter, pursuant to former Section 3-1-13 of the City Code, which
fees are for the sole purpose of reimbursing such developer for the
costs of installing a standard size main, shall be collected at the
following rates:
1.
Six
dollars per front foot of the lot or tract of land to which water
connection may be made.
2.
Five
dollars per front foot of the lot or tract of land to which wastewater
connections may be made.
Computation of fees for such facilities shall be as provided under Section 11-6-6 of this Chapter. Following the effective date of this Chapter, the City shall neither impose nor collect fees for city-installed facilities pursuant to former Sections 3-1-9 through 3-1-18 of the City Code, nor shall the City continue to collect pro rata fees for developer-installed facilities following the expiration of the period for refund pursuant to former Section 3-1-14. The rights of persons entitled to refunds under previous ordinances where the water or wastewater installations have actually been made shall remain unaffected by this Chapter.
(D)
Repealer.
The following provisions of the Midland City Code are hereby
repealed: Sections 3-1-9 through 3-1-18, inclusive.
(Ordinance 7015 adopted 6/26/1990)
(A)
Basic
policy.
1.
Connection
to water and wastewater systems.
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 within the City limits 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. This subsection shall not apply to platted property where no service connections are required, as determined in subsections 11-2-5(C)2 and (C)3 of the City's subdivision regulations.
2.
Responsibility
for installation and extensions.
The developer shall construct all water and wastewater facilities needed to serve the development and, pursuant to a development agreement with the City, shall construct or finance all water and wastewater mains and appurtenances, including major distribution and collection facilities, necessary to connect the development with the City's water supply and distribution system and with the City's wastewater system. Mains to be extended shall be of a size sufficient to serve the development and all other properties to be served by the facility, as determined from an analysis of the City's water distribution plans, wastewater master plans and capital improvements plans, as may be amended from time to time. All costs of installation shall be borne initially by the developer, subject to city participation in oversize costs pursuant to subsection 11-6-3(A) and subject to reimbursement from other developments. Requests for city extension of water and wastewater mains shall be as provided for in subsection 11-6-3(B).
3.
Condition
of main extension.
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 director that all water
or wastewater facilities necessary to adequately serve the development
are in place or will be in place prior to the issuance of occupancy
permits for structures developed on such land.
4.
Minimum
standards.
Mains shall be installed and extended in accordance
with the following standards:
(a)
Location of facilities.
The location of all water and wastewater mains necessary to serve newly subdivided or platted land shall be in accordance with the City's water distribution plans, wastewater master plans and capital improvements plans, as may be amended from time to time, and in accordance with Chapter 11-2 of the Midland City Code.
(b)
Construction standards.
All water and wastewater facilities
required by these regulations shall be constructed in accordance with
the requirements and specifications of the City.
(c)
Size of mains.
Water and wastewater mains shall be sized
and designed in accordance with the City's water distribution plans
and wastewater master plans.
(d)
Items included.
Mains to be constructed shall include
all valves, manholes, piping, fire hydrants and other appurtenances,
including any lift stations or pumping facilities necessary to connect
the property with the City's water or wastewater system, as determined
by the director.
(e)
Extensions within property to be developed.
All water
and wastewater mains shall be extended through and/or across the frontage
of the property to be developed in streets, alleys or in easements
to the tract or addition in order to provide service to adjacent property
where applicable.
(f)
Acquisition of easements.
The developer must obtain
all off-site easements which are necessary for extending water and
wastewater mains to and through the property being developed. However,
the City may acquire such easements, or portions thereof, if the City
Council determines such acquisition is in the public interest. A metes
and bounds description and a drawing of each easement must be submitted
to the engineering division 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 will be returned
to the engineering division for filing with the county clerk.
(B)
Water
distribution plans, wastewater master plans and capital improvements
plans.
The water distribution plans, wastewater master
plans and capital improvements plans are those plans adopted by the
City Council for the orderly extension and development of the City's
water distribution and wastewater collection systems. Such plans may
be adopted, amended, changed or supplemented by the City Council only
after a public hearing is held by the City Council on the adoption,
amendment, change or supplement to such plans. Notice of such hearing
shall be given by publication in a newspaper having general circulation
in the City, stating the time and place of such hearings, which time
shall not be less than 15 days after the date of publication, exclusive
of the date of publication and hearing.
(C)
Development
agreements.
1.
Agreement
required.
Prior to extension of any water main or wastewater
main for which there is city participation in the project costs, or
prior to construction of any main or appurtenances thereto which is
identified in the capital improvements plan for water or wastewater
facilities, the developer shall execute an agreement with the City
in a form approved by the City attorney containing the following:
(a)
Construction plans approved by the director demonstrating compliance
with all city standards and regulations.
(b)
Appropriate provisions for providing security in a form approved
by the City attorney.
(c)
Offers to deliver to the City clear and unencumbered title to all
proposed water or wastewater facilities prior to the time of acceptance
by the City.
(d)
Off-site easements necessary for the extension of water and wastewater
mains.
(e)
Designation of the extent of the City's participation in construction
costs and the sources of reimbursement from fees to be collected from
other developments.
(f)
Agreement to cooperate with city inspectors and to abide by all rules
and regulations relating to city inspection.
(g)
Agreement to maintain the facilities until such facilities are accepted
by the City and a warranty that the facilities will be free from defect
for a period of one year following the acceptance by the City of the
dedication of the facility. This warranty obligation may be met by
securing a warranty of the facility from the general contractor which
is transferred to the City at the time of acceptance of the facility.
(h)
When required by applicable Texas statute, an agreement to abide
by the competitive bidding requirements and procedures set forth under
Texas law.
2.
Procedure
for submission of plans.
(a)
Upon approval by the City, a developer of a subdivision shall design
and prepare construction plans of water and wastewater main lines.
These plans shall conform in all details to the City's standards as
to the design, grade, location, size and quality of materials and
construction. Such construction plans shall be approved by the director
prior to the submission of a final plat by the developer to the City.
The developer shall submit such construction plans to the director
at least 15 days prior to the date approval is needed by the developer.
(b)
Plans and profiles submitted by the developer's engineer shall be
prepared on standard 24-inch by 36-inch sheets of tracing paper. Plans
and profiles shall be shown at scales of one inch to 50 feet horizontal
and one inch to two feet vertical, or at a scale which may be approved
by the engineering division. The engineer submitting the plans and
profiles must be a registered professional civil or sanitary engineer
in the State of Texas, and he must affix his seal and signature to
the tracings of all plans and profiles.
(c)
The completed reproducible tracings for water and wastewater plans
and profiles shall be submitted to the engineering division for approval,
accompanied by two copies of the plans and profiles of the storm sewers
and street grades as approved by the engineering division and one
copy of the proposed plat of the subdivision. Upon final approval,
these reproducible tracings will be returned to the developer's engineer
for the purpose of making such prints as he may require, after which
the reproducible tracings shall be returned to become permanent property
of the engineering division of the City.
(d)
Upon approval of the plans by the engineering division, 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 and wastewater facilities, 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 the City's
standard specifications, which, in every instance, shall be a part
of said installation contract.
(e)
When the project is ready for construction, line and grade stakes
will be set by the developer's engineer and inspected by the engineering
division; but these stakes will not be set until after the developer's
engineer has properly staked on the ground all points of curves, all
points of tangency and all block corners. All lot corners within the
subdivision will be properly staked on the ground as required for
construction. All lot corners within the subdivision shall be staked
by the developer's engineer and inspected by the engineering division
prior to the construction of any water distribution lines, installations
of water meters and issuance of any building permits in the subdivision.
3.
Security.
The developer shall provide a surety bond, letter of credit
or cash escrow as security for the promises contained in the development
agreement and as required by subsection 11-2-4(A)2.c of the City Code.
Such security provided by the developer shall be in an amount equal
to 100 percent of the developer's portion of the estimated cost of
completion of the required facilities. In addition to all other security
for completion of the water and wastewater facilities, the owner shall
require a performance and payment bond from the contractor insuring
completion of the project. Such performance and payment bonds shall
be equal to the total amount set forth in the contractor's contract.
Such bonds shall be provided to the City and name the City as an additional
obligee. The insurer of the surety bond or letter of credit shall
be acceptable to the City attorney. A required performance bond must
be executed by a corporate surety in conformance with V.T.C.A., Government
Code ch. 2253.
(D)
Construction
management.
1.
Procedures.
(a)
Preconstruction conference.
The city engineer may require
that all contractors participating in the construction shall meet
for a preconstruction conference to discuss the project prior to beginning
work.
(b)
Conditions prior to authorization.
Prior to authorizing
construction, the City engineer shall be satisfied that the following
conditions have been met:
(1)
All required contract documents shall be completed and filed with
the City engineer.
(2)
All necessary off-site easements or dedications required for city-maintained
water or wastewater facilities not shown on the final plat must be
conveyed solely to the City, with proper signatures affixed.
(3)
All contractors participating in the construction shall be presented
with a set of approved plans bearing the stamp of approval of the
engineering division. These plans shall remain available to the contractors
on the job site.
(4)
A complete list of the contractors, their representatives on the
site and telephone numbers where a responsible party may be reached
at all times must be submitted to the City engineer.
(5)
Three prints of the utility plan sheet, scale one inch equals 50
feet, and five prints of the same, reduced to one inch equals 100
feet, shall be submitted to the City engineer, in addition to previous
submittal of construction plans. As-built plans shall also be submitted
to the City engineer after construction is completed and prior to
acceptance of the construction by the City.
2.
Inspection
of facilities.
Construction inspection shall be supervised
by the City engineer. Construction shall be in accordance with the
approved plans, standard specifications and standard details of the
City. Any changes in design required during construction shall be
made by a professional engineer whose seal and signature are shown
on the amended plans and shall be approved by the City engineer. If
the City engineer finds upon inspection that any of the required water
and wastewater facilities have not been constructed in accordance
with the City's construction standards and specifications, the applicant
shall be responsible for completing the waste or wastewater facilities
in accordance with said standards and specifications.
3.
Maintenance
of facilities.
The developer shall be required to maintain
all required water or wastewater facilities until acceptance of the
facilities by the City.
(Ordinance 7015 adopted 6/26/1990)
(A)
Participation
and reimbursement by the City in the cost of oversize water and wastewater
mains.
1.
City
participation policy.
The City may participate with the
developer in the reasonable construction costs of oversizing water
or wastewater mains and appurtenances thereto in an amount not to
exceed a maximum of 30 percent of the total construction costs of
the public facilities set forth in the development agreement between
the City and the developer. The developer initially shall be responsible
for the entire cost of the oversize main. In the event that the City,
in its sole discretion, determines to participate to an extent greater
than 30 percent of total construction costs of the public facilities
set forth in the development agreement between the City and the developer,
in order to preserve the public health and safety, or to prevent confiscation
of property, the developer shall be responsible for compliance with
all competitive bidding procedures required by the City and V.T.C.A.,
Local Government Code ch. 252.
2.
No
funds available.
In no event may the City be required to participate in the costs of oversize mains pursuant to this Section if there are no funds available for such purposes. In the event that the City Council determines in its sole discretion that no funds are available for participation, the City may approve the development to be served by the mains only if the developer executes an agreement for construction of the necessary water or wastewater facilities pursuant to subsection 11-6-2(B).
3.
Participation
and reimbursement requests.
A request for city participation
authorized by subsections 1 and 2 hereof shall be initiated through
the submission of an application for participation by the developer.
Such application shall be submitted on the form provided by the City
prior to commencement of construction. The request for reimbursement
shall be accompanied by as-built drawings showing the reimbursable
items, a copy of the contractor's bid for construction, final payments
with quantities, oversize calculations for all reimbursable items
and a project location map.
4.
Oversize
costs.
If the request for city participation is approved
by the City, following dedication and acceptance of a facility or
appurtenances in which it has agreed to participate, the City shall
refund the costs of oversizing such facility in accordance with the
following procedures and standards:
(a)
Oversizing standards.
The City shall pay only the difference
in cost between an eight-inch water main or a ten-inch wastewater
main and the main required by the City, as determined under subsection
b hereof, up to the maximum amount agreed to by the City.
(b)
Oversize cost determination.
The extent of the City's
participation in the costs of oversized mains shall be determined
in the following manner. Estimates of the actual construction costs,
which are prepared by the developer's professional engineer, shall
be submitted to the director for his review and approval. The approved
estimates shall be set forth in the development agreement between
the developer and the City, along with an estimate of the City's portion.
However, the City's participation shall be based on actual construction
costs, which shall be determined based on invoices or contracts for
such construction. In no event shall the City's participation exceed
the City's portion of the estimated construction costs set forth in
the developer's agreement, or as may be subsequently amended.
5.
Reimbursement
from other developments.
The developer who has installed a water or wastewater main or mains shall be entitled to reimbursement from the proceeds of pro rata fees established for the main or mains serving other developments pursuant to Section 11-6-6 herein. The developer shall also be entitled to reimbursement from any lot or acreage fees which the City may hereafter impose on other developments to be served by the main or mains installed.
(Ordinance 7015 adopted 6/26/1990)
(A)
Extension
of mains by City.
The City may extend a water or wastewater
main to serve a development, in lieu of installation by the developer,
subject to the following standards and procedures:
1.
Request
by developer.
The developer shall petition the City to
extend a water or wastewater main to serve the development in lieu
of constructing the facilities or to accelerate installation prior
to the City's proposed construction schedule.
2.
Condition
of extension.
The City may agree to extend the water or wastewater main upon condition that the developer shall deposit cash in an amount equal to 100 percent of the projected costs of the extension, together with easements required by subsection 11-6-2(A)4.
3.
Participation
by City.
The City shall participate in the costs of oversized mains according to the standards and procedures established in subsection 11-6-3(A). Upon determination of the amount and timing of the City's participation thereunder, the portion of the cash deposit equal thereto shall be refunded to the developer.
4.
Reimbursement
from other developments.
The developer shall be entitled to reimbursement from the proceeds of pro rata fees established for the main or mains serving other developments pursuant to Section 11-6-6 herein. The developer shall also be entitled to reimbursement from any lot or acreage fees which the City may hereafter impose on other developments to be served by the main or mains installed.
(B)
Extensions
to serve lots in partly developed areas.
1.
The City may extend a water or wastewater main to serve lots in partly developed areas, upon receiving in advance the total costs of such extension from owners of existing developed residential lots to be served by such main. Upon petition of such property owners, the City may establish pro rata fees for such line in the manner provided in Section 11-6-6 herein, which fees shall be reimbursed to the owners who have made advance payments upon connection of other property owners to the main.
2.
Upon
the request of the owner of a single-family residential lot, the City
may extend, lay or construct all necessary water and/or wastewater
mains, including necessary appurtenances, a maximum distance of 50
feet, excluding street intersections. Only one such 50-foot extension
on any one main extension will be made for any applicant during any
12-month period.
3.
Property
owners in partly developed areas may finance the construction of a
water or wastewater main to serve their property, subject to city
approval under the rules and regulations generally applicable to construction
of such facilities by developers.
(Ordinance 7015 adopted 6/26/1990; Ordinance 7035 adopted 9/11/1990)
(A)
Variances.
1.
General.
Where the City finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations
and/or the purposes of these regulations may be served to a greater
extent by an alternative proposal, it may approve variances to these
subdivision regulations so that substantial justice may be done and
the public interest secured; provided that the variance shall not
have the effect of nullifying the intent and purpose of these regulations:
and further provided the City shall not approve variances unless it
shall make findings based upon the evidence presented to it in each
specific case that:
(a)
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property; and
(b)
The obligations placed on the property owner for construction or
installation of water or wastewater mains exceeds all reasonable benefit
to the property being developed or is so excessive as to constitute
confiscation of the property.
2.
Conditions.
In approving variances, the City may require such conditions
as will, in its judgment, secure substantially the purposes of adequately
providing for water and wastewater services to the community.
3.
Procedures.
A petition for a variance shall be submitted in writing by the
developer at the time that construction plans are submitted to the
City for approval. The petition shall state fully the grounds for
the application and all of the facts relied upon by the developer.
(B)
Enforcement.
In the event that water or wastewater facilities are not installed
in accordance with the development agreement, the City may:
1.
Declare
the agreement to be in default and require that all the facilities
be installed regardless of the extent of completion of the development
at the time the agreement is declared to be in default.
2.
Prevent
the facilities from being connected to the City's water and wastewater
systems.
3.
Obtain
funds under the security and complete the water or wastewater facilities
itself or through a third party.
4.
Assign
its right to receive funds under the security to any third party,
including a subsequent owner of the property, in whole or in part,
in exchange for that subsequent owner's promise to complete necessary
water or wastewater facilities.
5.
Exercise
any other rights available under the law.
(Ordinance 7015 adopted 6/26/1990)
(A)
Pro
rata fees to be established.
1.
Nature
of fee.
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.
2.
Amount
of fee.
The pro rata fee shall be established for each
side of the main to which connections are made. The fee for each side
shall be equivalent to one-half the average cost of a standard size
main, together with all appurtenances, for that length of the main
abutting the property being charged. For mains that can be connected
to from one side only, the fee shall be equivalent to the average
cost of a standard size main, together with all appurtenances, for
that length of the main abutting the property being charged.
(B)
Procedure
for establishing pro rata fees.
1.
Request
for pro rata fees.
Prior to final acceptance of the improvements,
the developer who installs a water or wastewater main shall request
the establishment of a pro rata fee for such facility.
2.
Submittal
requirements.
The request to establish a pro rata fee
shall be on a form provided by the City. The request shall include
a copy of the actual contract for construction of the water and/or
wastewater mains with unit prices. The request must identify the cost
of the main, including any fire hydrants, valves, fittings, manholes
and other appurtenances which were determined to be necessary for
construction of the main.
3.
Verification
of costs by engineer.
The director shall verify the developer's
calculations of main costs. In the event of disagreement, the director
shall establish the cost per foot for the pro rata fee.
(C)
Payment
of pro rata fees.
1.
Obligation
to pay fee.
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 pursuant to these
regulations shall pay the applicable fee prior to final plat approval
of the property.
2.
Calculation
of fee.
The amount of the pro rata fee shall be calculated
by multiplying the unit cost determined in subsection (B) of this
Section by the number of linear feet of that portion of the property
boundary of a lot which abuts a street, alley or easement containing
a water or wastewater main for which pro rata fees have been established.
The number of linear feet shall be determined by the following
formulas:
(a)
For residential lots: When the main installation is designed to serve property on only one side of the street or alley, the front foot rates established according to subsection (B) above shall be doubled. The front rates shall apply to property fronting on streets in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed 150 feet. 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 dwelling places then the additional depth shall not be assessed. If the property is later subdivided, requiring the extension of mains to serve same, then the terms of this Chapter shall govern. Where lots or tracts are irregular in size or shape, then the pro rata charged shall be based upon equivalent rectangular lots or tracts using one front foot for each 150 square feet of area, or the pro rata charges provided herein on the average frontage of such tracts, whichever is least.
(b)
For commercial lots: 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.
Where lots or tracts are irregular in size or shape, then the
pro rata charged shall be based upon equivalent rectangular lots or
tracts using one front foot for each 150 square feet of area, or the
pro rata charges provided herein on the average frontage of such tracts,
whichever is least.
Where lots or tracts have a depth greater than 150 feet from
the front street line, 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 resubdivided whereby further
extensions are required to service same, the terms of this Chapter
shall apply.
(D)
Pro
rata fee account.
A pro rata account is hereby established. The City shall deposit all pro rata fees collected pursuant to subsection (C) of this Section into such account. Expenditures from such account shall be earmarked solely for reimbursement of developers for the reasonable costs of installing water mains or wastewater mains for which pro rata fees have been established pursuant to subsection (B) of this Section.
(E)
Reimbursement
for water and wastewater main extensions.
1.
Reimbursement
time limit.
For a period of seven 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 pursuant to subsection (B) of this Section up to
the total cost of the extensions established by resolution pursuant
to subsection (C)1 of this Section. Payment shall be from the pro
rata fee account. Upon request of the developer, the City shall make
reimbursements for main extensions semiannually on May 1 and November
1 of each calendar year. Following expiration of such period, the
City shall cease to collect pro rata fees for the main.
2.
Unclaimed
funds.
If the City is unable to reimburse the developer
who installed the main, following reasonable attempts to locate such
developer, the City shall transfer all fees which remain unclaimed
seven years following the date of acceptance of the water or wastewater
main to the water and sewer fund for disposition in accordance with
general provisions.
(F)
City
collection fee.
The City shall collect from the property
owner paying pro rata fees an additional 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
for purposes of administering this Section. Any interest earned on
the pro rata fee account shall also be deposited in the collection
fee account.
(Ordinance 7015 adopted 6/26/1990)
