Developer-user.
As that term is used herein is any person, firm or corporation
intending or desiring to provide water and/or sewer services to more
than one family.
Single-user.
As that term is used herein is a user intending or desiring
to have water and/or sewer services provided to one family for that
single one family’s use.
(1986 Code, ch. 11, sec. 10(A); 1993 Code, sec. 9.1001)
A developer-user shall, and is hereby required, prior to the
initiation of any work incident thereto to enter into a developer’s
contract with the City of Willow Park on such form as the city may
require and in such covenant contract and agree as follows:
(1) To comply with all of the regulations, specifications and requirements
with respect to the installation of water lines and appurtenances
thereto as outlined and contained in exhibit B attached hereto and
incorporated by reference as fully as though copied verbatim herein;
(2) To comply with all of the regulations, specifications, and requirements
with respect to the installation of sewer lines and appurtenances
thereto as outlined and contained in exhibit C attached hereto and
incorporated by reference as fully as though copied verbatim herein;
(3) To submit to the City of Willow Park and have approved by it all
of the plans incident to the installation, placement, configuration,
design, and elevation of any and all water and/or sewer lines to be
placed within any public right-of-way or utility easement;
(4) To provide appropriate maintenance bonds in favor of the City of
Willow Park in amounts as may be required by the city’s engineer
commensurate with the nature and scope of the intended improvement;
(5) To pay an engineering and inspection fee to the City of Willow Park,
Texas, in an amount no less than five percent (5%) of the total cost
of the improvements to be installed with such payment being due at
and on the date of the entry and execution of the developer contract;
(6) To erect appropriate barricades and safeguards to insure the safety
of motorists and others utilizing public ways, thoroughfares and easements
during any such period of installation and construction in accordance
with part VI, Traffic Controls for Street and Highway Construction
and Maintenance Operation, of the Texas Manual on Uniform Traffic
Control Devices for Streets and Highways;
(7) To restore to the same or better condition after installation and construction of such improvements the surface of all easements, rights-of-way, or roadways to the end that after construction such surface shall be in the same or better condition as was the case prior to the initiation of construction and in accordance with section
3.08.002;
(8) After acceptance of all such improvements by the City of Willow Park,
to then dedicate all such improvements to the City of Willow Park,
Texas.
(1986 Code, ch. 11, sec. 10(B); 1993 Code, sec. 9.1002)
The developer-user shall be required to extend water mains throughout
the intended development area and from its boundaries as well to the
nearest water source available from the city and to pay all of the
installation and construction costs related thereto as well as such
other costs as hereinabove are set forth.
(1986 Code, ch. 11, sec. 10(C); 1993 Code, sec. 9.1003)
In those instances where a developer-user desires to supply
sewer services to an area to be developed, and no city-owned sewer
mains exist within a distance of one-half (1/2) mile from the property
line of the area to be developed and existing city sewerage facilities,
then all solid and liquid waste disposal emanating from the area to
be developed shall be accomplished, handled and thereafter maintained
in accordance with the procedures as set forth in exhibit C attached
hereto governing waste disposal.
(1986 Code, ch. 11, sec. 10(D); 1993 Code, sec. 9.1004)
The single-user shall likewise be required to extend a water
main from the single-user’s property line to any existing city-owned
water main located no further than two hundred feet (200') from the
property line of the single-family user and to likewise comply with
all other requirements set forth herein as are herein required of
a developer-user. The single-user shall not be required to construct
and install a water main from the property line of his or her property
a distance greater than two hundred feet (200') in order to connect
to present city-owned water main facilities.
(1986 Code, ch. 11, sec. 10(E); 1993 Code, sec. 9.1005)
Any user tying on to either water and/or sewer lines shall pay
an initial tap fee in the amount established by city council.
(1986 Code, ch. 11, sec. 10(F); 1993 Code, sec. 9.1006; Ordinance adopting 2017
Code)
Water and/or sewer mains may be extended to serve property which
is a single lot or tract or that has been subdivided or platted for
development and resale, on the following basis and in accordance with
the following minimum standards and procedures:
(1) On-site extensions totally within property to be developed.
A developer, which shall include individual property owners, shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within the subdivision or the lot, except that the city shall refund one hundred percent (100%) of the evaluated oversize cost of any main larger than necessary to serve the property to be developed; provided, however, the city shall not participate in the cost of any main except those larger than six inches (6"). The cost of oversize mains shall be evaluated as set forth in section
10.02.280. Size of mains necessary for adequate service shall be determined by the city. Refunds for oversize and along-site costs will be made upon final acceptance of the system of the city.
(2) Along-site mains lying along one or more sides of a singular or subdivided
tract and serving property other than the subdivision for which the
extension was made.
For water mains six inches (6") and smaller, and for sewer mains six inches (6") and smaller, construction [constructed] alongside a subdivided tract and serving property other than the subdivision for which the extension was made, the developer may be refunded one-half (1/2) the evaluated cost as set forth in section
10.02.280. Such refunds shall be made upon acceptance of the system by the city and connection of other property to the line. Where along-site mains larger than six inches (6") serve other property, developer may be refunded one hundred percent (100%) of the difference between the evaluated cost of such main and one-half (1/2) the evaluated cost of either a six-inch (6") main or the size main deemed necessary to serve the property in question, whichever size is larger. Where along-site mains serving property other than the subdivision for which the extensions are made are laid by a city contract, the developer shall pay to the city one-half (1/2) the evaluated cost of the size main deemed necessary to serve the property to be developed, whichever size is greater [sic].
(3) Off-site extensions totally outside the 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 or tract at the expense of the developer requiring such extension. The city will refund one hundred percent (100%) of the oversize cost of such lines as evaluated in section
10.02.280 upon final acceptance of the installation by the city. The balance of the cost of such line as evaluated in section
10.02.280 will be refunded at the time it is paid for by the developer whose property it services, or at such time as one hundred percent (100%) of the property fronting said line is connected, whichever occurs earlier; provided, however, the city shall not be obligated to pay more than the amount of the actual pro-rata charges which it has collected for connections to said line nor shall refunds be made contrary to section
10.02.281 [10.02.282].
(4) Mains in place or adjacent to property to be developed.
Should an existing water or sewer line lie in the street, alley or
easement in a tract of land to be subdivided and developed for resale,
before extensions from or connections to such line shall be made by
the developer, he shall pay to the city the evaluated cost of the
six-inch (6") main or the evaluated cost of the size line deemed necessary
by the city to serve the property developed, whichever is greater.
Should such mains lie along the subdivision that services one (1)
side only, one-half (1/2) of these costs should be paid.
(1986 Code, ch. 11, sec. 10(G); 1993 Code, sec. 9.1007)
The City of Willow Park, Texas, may extend water and sanitary
sewer mains in streets, alleys and easements within the city limits
in order to permit connections by persons desiring and seeking water
service and sanitary sewer service.
(1) A charge, which should be known as the “pro-rata,” shall
be made against each lot, property or tract of land, and the owner
thereof whose water and sewer lines shall be hereafter connected with
any water main or sanitary sewer main in the city, and the charge
shall be in the amount established by city council.
(2) The front foot rates shall apply to property which fronts on streets
in the areas platted in the usual rectangular lots or tracts of land.
Where lots or tracts are irregular in size or shape, then the pro-rata
charge shall be based upon equivalent rectangular lots or tracts using
one (1) front foot for each one hundred twenty-five (125) square feet
of area.
(3) 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 three hundred feet (300') or more, then the pro-rata
charges shall be paid on both frontages when a connection is secured
to a lot or tract.
(4) Where lots or tracts are intended to be used for other than residential
purposes and have a depth greater than one hundred fifty feet (150')
from the front street line, then the pro-rata hereinafter provided
shall be paid on the frontage on all streets which the property may
abut. Should said property be subdivided to service same, the terms
of this section shall apply.
(1986 Code, ch. 11, sec. 10(H); 1993 Code, sec. 9.1008; Ordinance adopting 2017
Code)
Extensions to serve a subdivision or tract to the City of Willow
Park, Texas, plat of which has been finally approved by the City of
Willow Park and filed of record, may be constructed in the following
manner.
(1) By private contract.
Upon approval by the City of Willow
Park, a developer of an addition or single lot may design and prepare
construction plans of water and/or sanitary sewer facilities to serve
the subdivision or tract, including any access to off-site facilities
that may be required. Plans and profiles submitted by developer’s
engineers shall be prepared as required by this article. Upon approval
of the plans by the City of Willow Park, the developer may enter into
a contract with any individual or may himself construct the system
as so planned; provided, that the construction and installation of
the mains shall be supervised by inspectors for the City of Willow
Park to see that the installation is made in accordance with the approved
plans which shall be part of said installation contract. When the
project is ready for construction, line and grade stakes will be set
by a registered professional engineer or a registered public surveyor.
Any such installation, when made, shall become the property of the
City of Willow Park, free and clear of all encumbrances, and any contract
entered into between the developer and a contractor shall provide
for a separate maintenance bond, that bond to have a minimum rating
of “B” or to be approved by the city attorney, in the
amount of one hundred percent (100%) of the contract for a minimum
period of two (2) years. The City of Willow Park shall be named as
one of the obligees in such bond.
(2) By city contract.
At the discretion of the city, a developer of a subdivision or a single tract may deposit with the city the total cost of such extensions required to serve his or her property, including the cost of approach or off-site mains fronting property not owned by the developer. The City of Willow Park will then construct such mains and upon determination of final completion cost will refund any excess amount deposited or require of such developer additional funds to defray the entire cost of the project. Refundable amounts for off-site costs or oversize costs will be determined and refunded as set forth in section
10.02.280 of this division and in no case to exceed more than the actual cost of the installation.
(1986 Code, ch. 11, sec. 10(I); 1993 Code, sec. 9.1009)
Water mains and appurtenances, including all concrete, wet connections,
gravel foundations and granular backfill which may be necessary shall
be priced as follows:
4" ductile iron pipe
|
$
|
*
|
per L.F.
|
6" ductile iron pipe
|
$
|
*
|
per L.F.
|
8" ductile iron pipe
|
$
|
*
|
per L.F.
|
10" ductile iron pipe
|
$
|
*
|
per L.F.
|
12" ductile iron pipe
|
$
|
*
|
per L.F.
|
16" ductile iron pipe
|
$
|
*
|
per L.F.
|
2" PVC pipe
|
$
|
*
|
per L.F.
|
4" PVC pipe
|
$
|
*
|
per L.F.
|
6" PVC pipe
|
$
|
*
|
per L.F.
|
8" PVC pipe
|
$
|
*
|
per L.F.
|
10" PVC pipe
|
$
|
*
|
per L.F.
|
12" PVC pipe
|
$
|
*
|
per L.F.
|
*To be determined by actual cost of construction at time of
construction or by engineering cost estimate as determined by the
city engineer.
|
(1986 Code, ch. 11, sec. 10(J); 1993 Code, sec. 9.1010)
Any and all sums of money hereafter collected as a pro-rata
charge for water and/or sewer extensions at the rate set out in this
division shall be credited to the water and sewer extension fund of
the City of Willow Park and all refunds shall be paid from such fund.
In no event shall the City of Willow Park be obligated to proceed
under the terms of this division if funds are not available or, if
in the determination of the city council, extensions may not be practical.
(1986 Code, ch. 11, sec. 10(K); 1993 Code, sec. 9.1011)
Except as otherwise provided, all refunds provided for in this
division shall be made on January 1 and July 1 of each year and shall
include funds then accrued to the credit of the developer and others.
A refund contract entered into by any property owner and the City
of Willow Park under the provisions of this division shall be effective
only for the period of seven (7) years after the date of said contract.
No refunds will be made by the City of Willow Park to any applicant
or contracting party after this seven (7) year period has expired
nor shall the City of Willow Park ever be liable for payment of interest
on any deposits or refunds provided herein. The City of Willow Park
shall not refund any amount for which there was not a contract.
(1986 Code, ch. 11, sec. 10(L); 1993 Code, sec. 9.1012)