HomeMy WebLinkAboutOrdinances (O-77-252)-06/07/1977
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City of Colleyville
Tarrant County, Texas
VOLUME
ORDINANCE 0-77-252"
AN ORDINANCE AMENDING 0-76-220, SECTION 6, OF THE WATER
AND SEWER POLICIES OF THE CITY OF COLLEYVILLE, "SYSTEM
EXTENSIONS TO SERVE SUBDIVISION DEVELOPMENTS'l; AND
PROVIDING AN EFFECTIVE DA TE.
WHEREAS, the City of Colleyville is In need of an established Water
and Sewer Policy and Procedure manual and from time to time needs
to be amended to meet the needs of the City of Colleyville:
THEREFORE BE IT ORDAINED by the City Council of the City of Colleyville:
SECTION 6 SYSTEM EXTENSIONS TO SERVE SUBDIVISION
DEVELOPMEN TS
A. BASIC POLICY AND SCOPE'-OF CHARGES
The Developer shall pay all costs attributable to the installation of Water
and Sewerage Facilities as needed to fulfill the basic criteria requirements of
the City for service to his Subdivision. Such costs generally include (but are
not limited to) the following:
1. For Easements, Rights-of-Way and Sites, the total actual cost of
acquisition unless the City Council approves City participation as spe-
cifically provided in the Developer-City Agreement because of common
usefulness for other functions of the City.
2. For Engineering Design and Construction Contract Administration:
a. When City participation does not exceed $5,000: the total actual
cost.
b. When City participation exceeds $5,000: the Developer shall pay
his proportional share of the cos t.
3. For Municipal Utility Services, an amount equal to $275 per acre plus
$150 per unit for anything over 2 units per acre, a prepayment discount
of the charge is available if payment is made as follows:
a. If total amount is paid at the time of execution of the City-
Developer Contract, a discount of 100/0.
b. If total amount is paid a minimum of one (I) year prior to
submitting of the Preliminary Plan, a discount of 180/0.
C. If total amount is paid a minimum of two (2) years prior to
submitting of the Preliminary Plan, a discount of 270/0.
Ordinance 0-77-252
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VOLUME -g PAGE !S'
4. When City participation does not exceed $5,000: for City review of
Construction Plans an amount equal to 2% of the Construction Cost or
$500, whichever is greater.
5. For Construction of Facilities, the total actual cost unless the
City Council approves City participation for oversizing as specifically
provided in the Developer-City Agreement.
6. For City inspection and Acceptance Fees, an amount equal to 3% of
the construction cost.
7. For Cons truction Layout, Cut Shee ts and for making fie ld adj ustments:
a. When City participation does not exceed $5,000: the total actual
cost.
b. When City participation exceeds $5,000: the Developer shall pay
his propotional share of the cost.
8. Any fees, licenses or other mandatory costs assessed by others not
within control of City shall be fully paid by Developer.
All Subdivision extensions shall be covered by a written and executed
agreement of form prepared or approved by the City's Legal Counsel which
defines the scope and details of the proposed extension and particularly
contains the Developer's Agreement to abide by all regulations of the City
and to deliver to the City clear and unincumbered title to all the proposed
improvements at the time of Acceptance by the City, which must be prior to
commencing se:rvice.
The City shall participate in the cost of Subdivision extensions only
where and to the extent that oversized facilities in addition to the subdivision
needs are required for the proper overall benefit of the system and when City
funds for such oversizing are available. Such oversizing needs shall be
determined by the City's Engineer(s) with concurrence of the Superintendent,
and shall be authorized and included in the Developer-City Agreement only
by approval of the City Council.
In all cases when the City's participation in the cost of facilities is more
than $5, 000, the City's Engine er( s) will provide Enginee ring De sign and
Construction Contract Administration, Construction Layout, Cut Sheets and
make any required field adjustments. The Developer shall deposit with the
City his share of such Engineering Cost attributable to his proportional share
of the Construction Cost as particularly detailed in the Developer-City Agree-
ment.
When the City participates in the cost of constructing the project by over-
sizing facilities, or other participation, the Contract for construction shall be
executed between the City and the Contract for construction shall be executed
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between the City and the Contractor only after compliance with all Charter
and Statutory requirements for advertising and receivling competitive bids.
When the City does not participate in the construction costs of the project,
the Developer may negotiate the unit prices and completion time with the
Contractor(s) of his choice, or by mutual agreement of the Developer and
the City, sealed bids may be received. In either event the Contract shall
be executed between the City and the Contractor and im compliance with
Se ction 7 following.
Refunds to the Developer shall be made only on applicable situations
involving connections to offsite facilities (approach Mains) or boundary
facilities, and then only when provisions for such refunds are specifically
provided for in the City-Developer Contract executed prior to construction
of the extensions.
B. METHODS OF PR OCEDURE.
Preliminary action is first initiated by the Developer receiving and
acknowledging receipt of a copy of the City's Policies and Procedures.
Developer then has his Engineer prepare and submit to the Director of Public
Works a preliminary layout of proposed water and sewer extensions super-
imposed on an approved preliminary plat signed by the City, along with his
tentative estimate of costs for the overall development for the first section
if incremental development is proposed. The Developer also submits the
City's review fee of 2% based upon the tentative cost estimate, or $560,
whichever is greater.
After review by the Fire Chief, the Director of Public Works forwards
the material to the City's Engineer(s) for review. City's Engineer(s) review
the proposed preliminary layout and returns to the City with comments and
recommendations conce rning acce ptability, needed ove rsizing and cost estimate s
for the oversizing.
Developer will not proceed beyond the preliminary planning stage for any
portion of the project for which he proposes to request City participation and,
in no event, will the City participate more than $5,000 in any portion of the
project that is not designed by the City's Engineer(s) and submitted for
compe titi ve bids in accordance with all City Charte r and statutory require ments.
Action toward the filing and improving of all or a portion of development
covered by preliminary action as per above is initiated by the Developer as
follows:
1. WHEN CITY PAR TICIPA TION IN THE COST OF THE PROJECT DOES
NOT EXCEED $5,000.
The City furnishes the Developer with three(3) blank forms of the
Standard City-De ve loper A greement. Developer's Engineer shall pre pare
and submit to the City complete construction plans, specifications and
Ordinance 0 -77 -252
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other necessary Contract Documents along with estimates of Developer's
cost and two blue line prints of the final plat showing approval signature
for the City of Colleyville. Such documents shall be submitted to the City's
Engineer(s) for review and after they have been fully completed, and are
acceptable and approved by the City Council, the City shall return them to
Developer with Notice of Approval in exchange for the executed City-
Developer Agreement and the remainder of the City's total fee of 5% based
upon the final Engineer's Estimate of the construction cost.
If contract is to be let for bid, the Developer's Engineer prepares and
furnishe s to the City a Notice to Bidde rs to be properly published with
bids to be addressed to the City Manager and received at the Colleyville
City Hall.
After selection of the Contractor has been accomplished by bids or nego-
tiation as per above, the actual construction shall be accomplished as
follows:
If bids are receiw.a., Developer's Engineer receives and recommends
award to City Manager. If contract is negotiated, Developer advises
who is Contractor and furnishes bid amounts. City Manager or Director
of Public Works notifies Developer to have Documents executed and
returned to City. After receipt of executed Documents, City Manager
issues Work Order.
After the work order is issued, the Developer's Engineer provides the
construction layout, staking and prepares cut sheets for all sewers. A
copy of all cut sheets shall be furnished to the Director or Inspector and
the Contractor.
The Inspector shall inspect the work and review the partial and final pay
estimates to the Contractor as prepared by the Developer's Engineer.
After pay estimates have been agreed upon by the Inspector and the
Contractor, they shall be transmitted to the Director of Public Works for
checking.
The Director of Public Works shall check all pay estimates and after they
are in order, shall transmit them to the City Manager with recommendation
for payment or corrections as noted.
After final completion of the work to the satisfaction of the Inspector and
Director of Public Works, the City Manager shall issue a statement of
acceptance of the facilities for ownership and operation by the City to the
Developer.
2. WHEN THERE ~ TO BE MORE THAN $5,000 CITY PAR TICIPA TION
IN THE PROJECT.
The City furnishes the Developer with three (3) blank forms of the
Standard City-Developer Agreement. After Developer-City Agreement has
been executed and the proper fees have been deposited with the City, the City
Ordinance 0-77,252
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instructs the City's Engineer(s) proceed with preparation of construction
plans and documents and the advertising and receiving of bids.
After selection of the Contractor has been accomplished by bids, the
actual construction shall be accomplished as follows:
The City's Engineer(s) shall furnish to the City Secretary a tabulation
of all bids.
After Deposit or other approved financing is arranged for the Developer's
share of the cost and Developer has furnished Volume and Page where plat
is filed of Record, the City Secretary advises the City's Engineer(s) with
instructions to have Documents executed and issue the Work Order.
City's Engineer(s) then has Documents executed and furnishes copies of
the Documents and Work Order to City Secretary, Developer, Contractor
and Sure ty.
After distribution of Documents, Developer shall deposit with City
Secretary 3% Layout & Administration, plus 3% Inspection & Acceptance
fees baaed upon Developer's proportional share of the Construction Cost.
Work Order is then issued by the City's Engineer(s) who also provides
the construction layout staking and prepares cut sheets. A copy of all
cut sheets shall be furnished to the City's Superintendent and the Contractor.
The City's Director of Public Works or Inspector shall inspect the work
and prepare or check the partial and final pay estimates to the Contractor.
After pay estimates have been agreed upon by the Director of Public Works,
Inspector and the Contractor, they shall be transmitted to the City's
Engineer(s) for checking.
The City's Engineer(s) shall check all pay estimates and after they are
in order, shall transmit them to the City Secretary with recommendation
for payment.
After final completion of the work to the satisfaction of the Superintendent
or Inspector, he shall prepare a Statement of Acceptance of the facilities
for ownership and operation by the City which shall be received for
comment by the City Engineer(s) and forwarded to the City Council for
final action.
C. EVAULATED PRICES
When the City participates in the cost of facilities for overslzlng or for
any other reason, separate bid items shall be set up to reflect the cost to the
City when such separate items can be feasibly determined. In the absence of
Ordinance 0-77-252
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VOLUME~PAGE 11
such specific bid prices, the price shall be determined by using a current
bid price or City Engineer(s) estimated price.
D. DEVELOPER PA YMENTS
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When any extension or improvement to the water and/or sewerage system
is to be installed under Contract between the City and a Contractor, the cost
of which is to be paid wholly or partially by a Developer, the Contractor shall
not be authorized to commence work until after the City has received the full
amount due'rom the Developer, either in cash to be placed in escrow or by
irrevocable to the City, and conditions of such letter to be included in the City'
Developer Agreement and of form approved by the City Attorney.
E. CHARGES AND/OR RE FUNDS ON OFFSITE AND BOUNDAR Y FACILITIES
When any customer, whethe r an indi vidual, re sidential commercial builde r,
developer or any other person, desires a service connection direct to an existing
water or sewer line that was previously installed as a boundary or offsite
facility of an extension serving another development or other individuals, the
charges for each such connection to the line shall be assessed in accordance
with the terms of the preceding Section 4 A. and 4 B.
When a Developer installs "Off-Site!! or Boundary facilities in which the
City does not participate in the cost in any way, such Developer shall become
eligible for refunds from future connections to these facilities by fully identifying
in the City-Developer Agreement the line location and extent of such Boundary
or Off-Site facilities. Such refunds shall be made only from the connection
charges as they are paid by customers not within the platted area of development
covered by the Agreement. The determination of such refunds shall be made by
the same formula as set up in preceding Section 5D.
When portions of an increment of a development necessitates facilities that
are Boundary or Off-Site relative to the initial increment, but later furnished
direct service to subsequent increments, then such later connections may be made
without payment of additional connection charges by the same Developer of his
legal heirs, assigns, successors, or executors; however, if the subsequent
development is by others, then connection charges will be assessed and refunds
to the original Developer will be made if so provided in his City-Developer
Agreement.
F. EFFECTIVE DATE
This Ordinance shall become effective and in full force and effect from and
after the date of its passage and adoption by the City Council and upon the approval
thereof by the Mayor of the City of Colleyville, Texas, and publication thereof
as prescribed by law.
':<commercialletter of credit from a bank or other lending agency acceptable to
the City
Ordinance 0-77-252
Page 7
VOLUME 'U;:PAGE 90
NOW, THEREFORE be it ordained by the City Council of the City of Colleyville,
Texas, acting in regular session held:on:
day of ~'
day of ~,
1977 a Public Hearing and First Reading; on
1977 the Second Reading and the vote was
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d. / sf. day of ,/}lI/ltC, 1977 the Third Reading and the vote was
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afte rwhich, the said ordinance was d,7rfPlIj-(}y d.
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J N A. ANDREWS, Mayor
City of Colleyville
ATTEST:
1
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City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney