§ 11-6-2. Water and wastewater main extensions by developers.

(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 Title XI, Chapter 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.

(Ord. No. 7015, 6-26-1990)