The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City standards
means the construction standards and specifications as determined, transcribed, and recorded in the city utility department, from time to time, for the construction and installation of wastewater mains, lift stations, tap-on laterals, and other facilities of the wastewater system of the city.
Developer
means the entity authorized and empowered by law (such as being the holder of the title of the land proposed to be subdivided) to subdivide such real property under the subdivision regulations.
Fixture
means any fixture, appliance, plumbing arrangement, or other device for receiving and discharging wastewater and other permissible forms of liquid sewerage into the city wastewater system, such as, but not limited to, commodes, lavatories, sinks, bathtubs, showers, dishwashers, washing machines, floor drains, commercial and industrial waste drains, and the like.
Laterals
means underground pipelines tapped onto city wastewater gravity mains and extending from such mains to and connecting with private property facilities owned by various entities within the city, and into which the wastewater and other liquid sewerage of such entities is deposited for transportation into such wastewater mains and the city wastewater system.
Letter of occupancy
means an authorization letter of and from the city utility department to new subdivision developers, with copies thereof to be furnished to the city franchised public utilities furnishing electric power and service and natural gas to consumers within the city, approving the completion of required installations of wastewater facilities to service such new subdivisions, as a prerequisite for human occupancy and use of any improvements constructed in any such new subdivisions, with neither the city to allow connection and use of fresh water supply and/or wastewater facilities, nor the franchised electric power and natural gas public utilities to allow connection for and use of electric power and natural gas by any newly constructed improvement or improvements within such subdivision without the city having first issued a letter of occupancy for such new subdivision, as above provided for.
Lift station
means a building with pump, electric motor, and other machinery and plumbing installations located upon city streets, alleys, easements, and other lawful rights-of-way, constituting a part of the city wastewater system, and designed and operated to receive sanitary sewerage from one or more gravity wastewater mains or force wastewater mains of the city, and transport such sewerage under pump pressure through other additional wastewater mains (pressure mains) of the city wastewater system, to ultimately deliver such sewerage to a sewerage disposal plant of the system.
Manhole
means an underground structure, usually of masonry construction, forming a tank type area or unit connected to gravity wastewater mains and constituting part of the gravity flow transportation portion of the wastewater system, and having a land surface removable cover to allow entrance and accessibility to the interior of such manhole.
New subdivision
means a new subdivision processed by the proposed owner-developer in accordance with the subdivision regulations, and consisting of two or more lots or blocks.
Off-site main
means wastewater mains of the city installed upon city streets, alleys, easements, or other lawful rights-of-ways located outside of the boundaries of new subdivisions and installed and/or used for connecting onto on-site mains within such new subdivisions for the transportation of the wastewater and other liquid sewerage of such new subdivisions into and through the city wastewater system for ultimate disposal.
On-site main
means wastewater mains installed within and upon streets, alleys, easements, or other dedicated city rights-of-way within new subdivisions for the receiving and transportation of wastewater and other liquid sewerage disposed of by entities within such subdivision.
Oversized main and/or lift station
means any wastewater main, either on-site, off-site, gravity or pressure; and/or any lift station, either on-site or off-site, required by the city to be installed by new subdivision developer in excess of the size sufficient to receive, gather, transport, and dispose of the wastewater and other liquid sewerage contemplated to be discharged by such new subdivision.
Standard size main, lift station, other facilities
means all wastewater mains, lift stations and other facilities, if any, required by the city to be installed by new subdivision developers of sufficient size to receive, gather, transport, and dispose of the wastewater and other liquid sewerage contemplated to be discharged by such new subdivision.
Tap fee
means the fee charged any entity within the city for connecting the wastewater and liquid sewerage discharging appliances and facilities of such entity to the city wastewater system by means of a lateral.
Tie-on fee
means the fee to be charged by the city to any third party entity (being any entity other than the city or a developer of a new subdivision who has installed an oversized main or lift station in connection with the development of a new subdivision) for tying onto a preinstalled oversized main or oversized lift station.
User fee
means the fee to be charged by the city for tying onto the wastewater system for discharge of wastewater and other liquid sewerage into the wastewater system.
Utility department
means the department of the city administration portion of the city government headed by the director of utilities and having the administrative responsibility for and being in charge of the installation, subsequent repair and maintenance, and overall operation of the city wastewater system, and fresh water supply system.
Waste or wastewater
means wastewater and other permissive forms of liquid sewerage deposited into the city wastewater system by various entities within the city.
Wastewater main
means an underground pipeline owned and operated by the city, installed on streets, alleys, easements, or other city rights-of-way, constituting a part of the system owned and operated by the city in receiving, transporting, gathering, treating, and disposing of sewerage disposal of various entities within the city (and not including laterals from such mains extending to and upon the privately owned property of the entity discharging sewerage into such system); any such main transporting sewerage by gravity flow constituting a gravity main; and any such main transporting sewerage under pump pressure from a lift station constituting a pressure main.
Wastewater system
means the facilities constructed, owned, maintained, and otherwise operated by the city in receiving, gathering, transporting, and disposing of wastewater and other forms of liquid sewerage disposed of by various entities within the city; and including, but not being limited to, sanitary sewer disposal plants, wastewater mains, lift stations and laterals.
(Code 1973, § 30-70; Code 1997, § 51.055; Ordinance 78-24, adopted 4/19/1978)
All of the provisions of this division shall apply to entities other than developers of new subdivisions seeking connections to and service from the city wastewater system, as such provisions shall apply to such other entities, and exclusive of special provisions applicable to the approval of subdivision plats for newly proposed subdivisions.
(Code 1973, § 30-90; Code 1997, § 51.056; Ordinance 78-24, adopted 4/19/1978)
As a prerequisite for approval by the city of a proposed new subdivision, the developer thereof shall be required to install wastewater mains (either on-site, off-site, standard size, oversize, gravity or pressure), manholes, and/or lift stations (either on-site, off-site, standard size, or oversize) within and/or adjacent to such new subdivisions, as specified and required by the utility department, as follows:
(1) 
Developers shall, at their expense, prepare and submit to the utility department plans for proposed waste disposal system for proposed new subdivisions. The utility department shall have not less than two weeks from the date of receipt of such original plans to approve same or to request specified additions thereto, deletions therefrom or other changes thereto. If revised plans are required, the utility department shall have one week from the date of receipt thereof for approval thereof or resubmission to the developer for further required additions, deletions, or other changes. Such procedure shall continue until such plans and specifications meet final approval of the utility department, prior to awarding of construction contract and/or advertisement for contractors bids, where applicable.
(2) 
In the determination of plans and specifications for the installation of such facilities for waste disposal of such new subdivisions, the city shall require facilities at city standards of standard size to service the new subdivision; and the city may require the installation of off-site standard size installation or on-site or off-site oversize facilities at city standards in anticipation of future servicing of waste disposal by land areas adjacent to such new subdivisions.
(3) 
The utility department may require such plans to provide for the wastewater and other liquid sewerage to be gathered by the intrasubdivision system servicing such new subdivision, to be delivered to an on-site or off-site single location for delivery into the citywide wastewater system for ultimate transportation to a sewerage treatment plant; which such single location for delivery may be a connection to a gravity wastewater main of the overall city system, or a lift station; and which such transportation of such wastewater and other liquid sewerage disposed of by such new subdivision, to such single location, may be by on-site or off-site gravity main, or pressure main and supporting lift station; and which such single location may be an existing adjacent system, or nonadjacent gravity main or lift station.
(Code 1973, § 30-71; Code 1997, § 51.057; Ordinance 78-24, adopted 4/19/1978)
Proposed new subdivisions shall not be finally approved by the city until either:
(1) 
Such waste facilities have been, at the option of the developer, first fully installed and completed by the developer and finally approved by the utility department, with proof of payment in full therefor; or
(2) 
The developer shall have posted bond with the utility department executed by the developer and a surety corporation as a surety thereon as approved by the city, such bond being in an amount ten percent in excess of the cost of the installation of such waste facilities as estimated by the utilities department, and further conditioned that such facilities shall be installed and fully paid for by the developer in accordance with the plans and specifications of and the final approval of the utility department within two years from the date of the approval of such subdivision plat, failing which the city may install and/or complete the installation of such facilities with the expenses to be incurred by the city to be reimbursed by the principal and/or surety of such bond, and with the city to have the sole determination as to the method and cost of such installation and/or completion of the installation of such facilities; or
(3) 
The developer shall have deposited cash funds or an irrevocable letter of credit from a lending institution acceptable to the city in an amount equal to the cost of such facilities plus ten percent thereof, as estimated by the utility department; with such cash funds to be deposited in a lending institution of the choice of the city; with such cash funds deposit and/or letter of credit to be subject to and in accordance with a written agreement by and between the subdivider, the city, and the depository of such funds and/or the issuer of such irrevocable letter of credit, providing for the disbursement of such cash funds, and/or the issuance of cash funds under such irrevocable letter of credit, at times and dates and in amounts as shall be determined by the utility department, from time to time, for payment of the installation of such waste facilities; with such deposit or issuing of irrevocable letter of credit being in connection with a written agreement and provisions that in the event the developer fails to continue and complete the installation of such finally approved facilities within two years of the designated beginning date of such installation, the city may, at its sole option, install and/or complete the installation of such facilities, using such deposited cash funds, or the remainder thereof, or necessary funds to be issued from such irrevocable letter of credit, for the payment therefor, with surplus, if any, of such deposited cash funds to be refunded to developer upon completion of the installation of such facilities as finally approved by the utility department.
(Code 1973, § 30-72; Code 1997, § 51.058; Ordinance 78-24, adopted 4/19/1978)
(a) 
The installation of standard size waste facilities for new subdivisions may be by a contractor selected by the developer, to be approved by the utility department, or by a contractor selected from the competitive bid procedure. The installation of oversized facilities shall be submitted for competitive bid by the developer and the city, jointly, with the awarding of contract for the construction thereof to be in accordance with the statutes of the State of Texas and the Charter and this Code of Ordinances; provided, however, that the city shall have no liability for the original payment for the construction of such facilities by the constructing contractors, upon the completion of such construction, pursuant to contracts for such construction, and the city shall not be a signatory party to such contracts; provided further, however, that such construction shall nevertheless be subject to progress inspection by the utility department and shall be in compliance with all plans and specifications as approved by the utility department.
(b) 
All contractors for construction of either standard or oversized facilities shall furnish a performance bond and payment bond executed by the contractor as principal; and a corporate surety, approved by the city, authorized to do business in Cameron County, having an agent upon whom a notice of citation may be had in Cameron County; such bond being in an amount equal to the total construction cost and such bond being issuable and answerable to the city and the developer, jointly and severally, and shall be conditioned upon:
(1) 
Completion of all of such construction in full conformity and compliance with the plans and specifications as previously approved by the utility department; as evidenced by final inspection thereof and such indicated approval by the utility department.
(2) 
Payment in full by the contractor of all claims for labor performed, materials furnished and other expenses incurred in such construction.
(3) 
Maintenance of such construction by the contractor for a period of 90 days after acceptance thereof by the utility department.
(4) 
Repair and/or replacement by the contractor of all defects or failures of such installations for one year after the completion of such construction and final inspection and approval date of the utility department, resulting from faulty, defective, or other improper construction.
(c) 
The installation of such waste facilities shall be subject to periodic approval inspection by the utility department at and under reasonable times and conditions, including aforesaid final inspection. Such work-in-progress approval inspections shall be prescheduled by the utility department and contractors so as to provide for prior inspection by the utility department of underground or otherwise concealed installations prior to covering and/or concealment.
(d) 
Upon final approval by the utility department of such completed construction, the utility department shall issue its letter of occupancy to the developer, with duplicate executed original thereof to be furnished by the utility department to the city building inspection department and city franchised electric light and power and natural gas utility companies.
(e) 
Neither the department of planning and development nor any other agency of the city shall authorize connection of fresh water supply facilities, wastewater supply facilities, electric light and power facilities, or natural gas facilities to improvements constructed in such new subdivision without such letter of occupancy having been so executed and filed. Provided, however, that the provisions of this division shall not apply to temporary fresh water supply, electric power and/or gas connections to city facilities and/or franchised public utilities for the purpose of supplying fresh water, electric power and/or gas required for the construction and installation of such new subdivision facilities.
(Code 1973, § 30-73; Code 1997, § 51.059; Ordinance 78-24, adopted 4/19/1978)
(a) 
The developers shall timely pay the total cost and expenses incurred in the construction and installation of the required facilities to service the new subdivision, including on-site, standard size and oversized facilities.
(b) 
Should the payment by the developer under subsection (a) of this section include payment for oversized mains and/or oversized lift stations required by the utility department, the developer shall be reimbursed by the city a portion of the cost of such oversized mains in accordance with Table 1 following this section; and the developer shall be reimbursed by the city for that portion of the cost of the oversized lift station equaling the difference between the cost of such oversized lift station and the estimated cost of a lift stations of sufficient size only to service the maximum estimated wastewater and other liquid sewerage disposal of such new subdivision. Such reimbursable amounts shall be paid by the city to the developer in five equal annual installments with one each due and payable on the successive anniversary dates of the issuance of the letter occupancy by the utility department for such installations. Interest on the reimbursable amount shall be calculated as the one year treasury bill discount rate, less two percent and not to exceed ten percent. The interest rate shall be adjusted semiannually commencing on the date six months from the date of payment by the developer of oversizing and on the anniversary date of such payment. Such reimbursable amounts shall be payable by the city to the developer regardless of the subsequent tie-on to and use of such oversized facilities by other and additional users. Such unconditionally reimbursable amount as provided for in this section may be reimbursed to the developer sooner than by the aforementioned five equal annual installments, in the event the utility department collects tie-on fees from tie-ons to such oversized mains and/or lifts stations, under the provisions of section 48-225.
Oversize Main Reimbursement Schedule
Size of main adequate to serve developers land
(inches)
Main size required by city
(inches)
Percentage of total cost of required oversized main, to be refunded to developer
8
10
10
 
12
21
 
15
45
 
18
56
 
21
67
 
24
74
10
12
13
 
15
40
 
18
51
 
21
63
 
24
71
12
15
31
 
18
44
 
21
58
 
24
67
 
27
73
 
30
77
(Code 1973, § 30-74; Code 1997, § 51.060; Ordinance 78-24, adopted 4/19/1978; Ordinance 83-53, adopted 6/15/1983)
The utility department may allow newly proposed subdivisions and/or wastewater disposing facilities of other entities to tie on to preinstalled oversized gravity mains and/or oversized lift stations, when such properties are adjacent to or in the serviceable area of such oversized gravity mains and/or lift stations, under the following conditions:
(1) 
Newly proposed subdivisions and other entities requiring city wastewater service may be allowed, by the utility department, to tie on to previously installed oversized gravity mains and/or oversized lift stations, when such newly proposed subdivisions or other entities are located adjacent to or in the area contemplated to be serviced by such preinstalled oversized mains and/or lift stations, and under conditions of the utility department having predetermined that such proposed new subdivision or subdivisions or other entities may be adequately serviced by such preinstalled, oversized mains and/or lift stations. The utility department shall determine, by best estimate, the maximum amount of wastewater discharge required to be serviced for such proposed new subdivision and further determine the percentage the same constitutes of the maximum handling capacity of such oversized gravity main and/or lift station. This percentage shall then be multiplied by the cost of installation of such lift station and the cost of installation of that portion of such oversized gravity main between the point of tie-on and such lift station and/or down flow terminal point of such oversized gravity main, and the total of such resulting products shall constitute the tie-on fee.
(2) 
Permit for such tie-on shall be granted by the utility department upon its satisfactory determination of the foregoing and upon payment to the city of such tie-on fee. Such tie-on fee shall be in addition to tap fees and/or user fees as hereinafter provided for.
(Code 1973, § 30-75; Code 1997, § 51.061; Ordinance 78-24, adopted 4/19/1978)
(a) 
The utility department shall make its best estimate of the maximum amount of wastewater disposal required to be handled by the subdivision originally installing such oversized gravity main and/or lift station. The utility department shall then determine that percentage of the maximum carrying capacity of such oversized gravity main and/or lift station which will be required to process such maximum estimated amount of wastewater disposal by such original subdivision. This percentage figure shall then be multiplied by the total original cost of the installation of such oversized gravity main and/or lift station by the developer installing same, and such figure or amount shall be the fixed cost of the portion of such oversized main and/or lift station attributable to such original subdivision installing same, which such amount will not be refunded to the developer. Such fixed cost amount shall then be subtracted from the total original cost of such oversized gravity mains or lift stations, and the remainder shall again be reduced by the amount to be unconditionally reimbursed to the installing developer under provisions of section 48-224(b). The remaining amount shall be the amount subject to conditional reimbursement to the installing developer (conditional reimbursable amount).
(b) 
(1) 
In the event the utility department collects tie-on fees from tie-ons to such oversized gravity mains and/or lift stations, under the provisions of section 48-225, it shall disburse from such collected tie-on fees amounts to the developer originally installing such oversized mains and/or lift stations as follows:
a. 
An amount up to but not exceeding 100 percent of the predetermined conditional reimbursable amount, if sufficient amount from such sources is available during the first four years after the original installation of such oversized mains and/or lift stations.
b. 
In the event, and only in the event, less than 66⅔ percent of the predetermined conditional reimbursable amount has been reimbursed to the developer during such first four years, such additional amount as is required to result in reimbursement to such developer of a total of 66⅔ percent of the predetermined conditional reimbursable amount shall be reimbursed to the developer during the fifth through the eighth years after the original installation of such oversized mains and/or lift stations, if a sufficient amount from such sources becomes available during such fifth through eighth years.
c. 
In the event, and only in the event, less than 33⅓ percent of the predetermined conditional reimbursable amount has been reimbursed to the developer during the first through eighth years after the original installation of such oversized mains and/or lift stations, such additional amount as is required to result in reimbursement to such developer of a total of 33⅓ percent of the predetermined conditional reimbursable amount shall be reimbursed to such developer during the ninth and tenth years after the original installation of such oversized mains and/or lift stations, if a sufficient amount from such sources becomes available during such ninth and tenth years.
(2) 
The reduction of the amount to be reimbursed for such conditional reimbursable amount during the fifth through eighth years, and/or during the ninth and/or tenth years after installation, is based upon the intervening deterioration and/or lift stations during such later years, with the utility department to retain any surplus unreimbursed amounts, as a result of such later years' reductions, for replacement and/or repair costs to such oversized mains and/or lift stations caused from such depreciation and deterioration.
(Code 1973, § 30-76; Code 1997, § 51.062; Ordinance 78-24, adopted 4/19/1978)
(a) 
Each entity tying on to a city wastewater main for the direct disposal of the wastewater and other permissible liquid sewerage of such entity into the city wastewater system, with such tap-on being by means of lateral from the premises of such entity to such wastewater main, shall, to obtain tap permit, pay a tap fee to the utility department calculated as follows:
(1) 
For a four-inch diameter size lateral tap line, a fee as established in the city fee schedule in chapter 18 plus an inspection fee as established in the city fee schedule; provided that, in the event that the length of such lateral line exceeds 25 feet from the city wastewater main to the property line of such tapping entity, an additional fee as established in the city fee schedule per lineal foot for each foot in excess of 25 feet; and provided, further, that in the event the depth of the city wastewater main at the point of tap requires the lateral line to be installed at a depth in excess of six feet below ground level, there shall be an additional tap fee as established in the city fee schedule per foot of each lineal foot of lateral tap line for each foot of additional depth of such tap line below six feet.
(2) 
For a six-inch diameter size lateral tap line, a fee as established in the city fee schedule in chapter 18 plus an inspection fee as established in the city fee schedule; provided that, in the event that the length of such lateral line exceeds 25 feet from the city wastewater main to the property line of such tapping entity, an additional charge as established in the city fee schedule per lineal foot for each foot in excess of 25 feet shall be made; and provided, further, that in the event the depth of the city wastewater main at the point of tap requires the lateral line to be installed at a depth in excess of six feet below ground level, there shall be an additional tap fee as established in the city fee schedule in chapter 18 per lineal foot of each foot of lateral tap line for each foot of additional depth of such tap line below six feet.
(3) 
The utility department shall have sole discretion in determining whether or not the tapping entity shall require a four-inch diameter size lateral tap line, or a six-inch diameter size lateral tap line, or a lateral tap line with a larger diameter than six inches. In the event a lateral tap line with a diameter in excess of six inches is required by the utility department, the entity making such lateral connection to the city wastewater main shall pay the actual cost incurred by the utility department in making and installing such tap from the city's wastewater gravity main to the property line of such tapping entity. Such expenses shall be solely determined by the city but shall be fair and reasonable, and commensurate with prevailing municipal wages and other construction and installation costs.
(4) 
If the entity tying on to a city wastewater main under the provisions of this division installs at its expense such lateral from the boundary of its premises to such wastewater main, or, in the further event such lateral from such wastewater main to the boundary of the premises of the entity to tie on to same have been preinstalled by a developer or other entity, then, in either of such events, the tap fee provided for in subsections (a)(1) through (4) of this section shall be waived, and only the inspection fee shall be charged to tap on to city wastewater main.
(b) 
The tap fees provided for in subsection (a) of this section shall be doubled when made for designated entities located outside of the city limits but within the extraterritorial jurisdiction area of the city. Provided, further, that in the event any entity paying such double amount fees should be annexed by the city within three years from the date of the payment of such fees, a portion thereof shall be refunded as follows: 50 percent thereof if annexation occurs within one year from the date of original payment and connection; 37.5 percent thereof if annexation occurs after two years of the date of such connection and payment; and 20 percent if annexation occurs after two years but within three years of such date of connection and payment.
(Code 1973, §§ 30-82, 30-84; Code 1997, § 51.063; Ordinance 78-24, adopted 4/19/1978)
The city shall have the sole option of agreeing to extend city wastewater system services to entities, including proposed new subdivisions, located outside the city limits but within the city extraterritorial jurisdiction area. In the event of the agreement by the city to extend such wastewater system service to such extraterritorial areas, all of the provisions of this division shall apply as stated.
(Code 1973, § 30-96; Code 1997, § 51.064; Ordinance 78-24, adopted 4/19/1978)
The funds collected by the city from the payment of tie-on fees as provided for in section 48-225 shall be maintained in a separate and specially designated utility department account; and such funds shall be used only to reimburse the subdivision developer who originally installed and paid for such oversized mains and lifts stations (for which such tie-on fee was paid by subsequent tie-ons), as such reimbursement provisions are provided for in section 48-226, with the remainder to be used exclusively for the repair and replacement of force mains and lifts stations of the wastewater system used by said new development.
(Code 1973, § 30-102; Code 1997, § 51.065; Ordinance 78-24, adopted 4/19/1978; Ordinance 85-17, adopted 3/20/1985; Ordinance 90-70, adopted 7/18/1990)
Any of the decisions of or other action by the director of utilities or utility department as herein provided for shall be subject to prior review and approval by the city commission, as it may specify from time to time; and/or subject to after-the-fact review, change, and overruling or amendment by the city commission from time to time.
(Code 1973, § 30-108; Code 1997, § 51.066; Ordinance 78-24, adopted 4/19/1978)