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HomeMy WebLinkAboutOrdinances (O-76-220)-02/17/1976 Ht\R- 3 o."n Z 1 2 3 9 LS - wa VOLUME ~ I',',I"T;' ~ ~~...VL:...t 250 , ~f?;tf~ f J/ ~7C~7 Jr;,T~1r. () - 17 ~c2~ ~~-'B. -()"7P-3~4 AN ORDINANCE ADOPTING A MANUAL OUTLINING THE WATER AND SEWER POLICIES AND PROCEDURES FOR THE CITY OF COLLEYVILLE: ALLOWING FOR REVIEW AND APPROVAL OF PREVIOUSLY APPROVED SUB-DIVISION PLATS AND/OR CON- STRUCTION PLANS WITH A SPECIAL EXCEPTION SUB-SECTION: PROVIDING FOR AN EFFECTIVE DATE AND: ESTABLISHING A PENALTY City of C oUe It''rWf-'). '''' n '-' VOL U(~U(,. PAGf aob Tarrant County, Texas ORDINANCE 0-76-220 WHEREAS, the City of Colleyville is in need of an established Water and Sewer Policy and Procedure manual; BE IT ORDAINED by the City Council of the City of Colleyville that: Section 1. 0 Water and Sewer Policy and Procedure Manual A, The Water and Sewer Policy and Procedure Manual herein attached and all subsequent revisions shall be the officially recognized Policy and Procedure Manual as accepted by the City of Colleyville. r I Section 2.0 Review and Approval of previously approved Sub-Division Plats and/ or Construction Plans A. A ny previously approved Sub-Division Plat and / or Construction Plan shall be reviewed and approved by the City of Colleyville for compliance with the current Water and Sewer Policies and Procedures Manual no later than two weeks prior to the intended project start-date. B. Request for Special Exceptions to these policies and procedures for previously approved plats and/or plans shall be presented to the City Council 'within ninety (90) days from the adoption of this ordinance. Section 3.0 Effective Date A, This Ordinance shall become effective and be in full force from and after the date of its pas sage and adoption by the City Council of the City of Colleyville, Texas and by publication thereof as prescribed by law. ( Section 4. 0 Penalty Any person, firm or corporation found to be in violation of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be liable to a fine not to exceed two hundred ($200.00) dollars per offense. Each and every day that said violation exists shall constitute a separate offense. H -? 'r'l' ," ~" j: ~.; \~~( 6C)09 ",~,-,i""'I VOL (~ ,_ PAGr. nb , VOLUME -n;:: PAGE 5' Ordinance 0 -76-220 Page 2 .. " ~,~ M " . l ',. ~ l'~',~ ~ ;()~\, ~,4., 'wi1!'J. .....h, .... .,...,... .,..... 'f tJ r 1 ;~, .X) ~1~,~. "i . 4"'.,~~'_'.. .....- ,...~.......-";,._--"..;.'v.....~'fto..,.~". ': ~,~ : ~Jt..:. ~..~:; r 'J PASSED AND ADOPTED this / 7 day of (]:;1,.0.u/1~ by the City Council of the City of C olleyville. ~ -,;:) oM l.Lt ... . ~- ,~~o;~,.~(.~.,"<! '_ <, ;,J i Attest: r '(;)&lt7 ~retarY / ) V Approved as to Form: ~ '.1976, ('ll": ..',. :I.: ,.J,' :'.,. ~- - ..... :.-/ -Z/~~ Ma yor -- --" g! 0::: ~ ,..... r-. I "- LIJ ; '-..J f .::> 0 f :z: I z>- , -to- I ::r::Z I ..:) ::) I ...ro)- :>:0 CO ~~~, ~l 'JJ.Nno:J IN\I&Wl )1&310 JJ.N noo LL61 6~ C/V'W "eru ,(q uOeJ9q pedw~lS S~ srx91 ',(Ju~ lUIIJJll1 10 rCJH003H 0330 'IIJ 10 ell~d pu~ 'wnjo^ 'Ill U! 0301l0;)3~ ' ,,", ... "'. .. " ,,~., "'.'n 'w, ." " ...."" " 191110 o.nu $&\I ~awnJ1SUI s!lIl 1~1I1 IimJa:J IiqaJ911 I ~ LJ.N\t~~If.L .:10 AJ.Nn03 i' ..~ SVX3J..:lO 3.L\f1.S -'t,:: / .. .... O""/910^ S99JnVd G (Jt . ,"T ' ( SEeTI ON ] ,"jcy (- ',' , SECTl'dN' 2' (,.,' ,,(, sretroN' :) : _ ..~-:' ( "'-" 'I i','-\', I ._~ sterION' 4 :-'. ....',.~-- ,,,, F' ::::; SEctroN' 5 . : -r: ~'-' :~, r -~ $(CTIO"N 6' ;-t ,'" St:tt'rON 7 C (IN T E'N T S DEFINlTldNS '-!," OPERATING POLICIES IN- GENtRAt SfRV'lC~': tHAd~ci~ WrrtDruiuI I:Cf- [J - ? ~ - ~ ~ 1 (1-6 - ? &, J ('. . ')e." ," '.' " "I" ." . ... .'," . ." '." '. ,.. ". ", "--','- CHA~Gf:$:}.*r -ri:~~~SJTS: FOR' CONNECTI'ONS TO' EXISTIN'ci' MAINS dit LATERAl'S} \', ~___ '_ '; r-;t.,r.,!~, " _ ,,:: ;'c'_:,' _ __ _ _, _ :. " (" : "<'. _' - SV.STEl-\; EX:rENSIQfi~;.H}.SE.RVE:,SINGLE CUSTOMERS OR GROUPS OF INDEPENDENt SINGLE CUSTOMERS SYStEM EXTENSIONS TO SERVE sU~brvislON DEVElOP~E:N'Y5' ~ -I! ',. .' '. .,.' "~. .--; .0-"-01.5;2. r STANDARD REQUIREMENTS & CRITERIA OF DESIGN FOR SYSTEM EXTt:NSIONS :::\ -k -.;: ':..- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * fA)} A P PEN 0 I XES CHECK LIST FOR PROCESS'ING CITY' STANDARD FORMS ! -:-', ~, (Br (1) (Z) (3) (4) (5) (6) (7) Ci ty..Oevel oper Agreement Construction Contract (City:"Contractor) Bid Bond Performance Bond Payment Bond Mai..ntenance Bond Irrevocable Commercial Letter of Credit (C) CITY STANDARD CONSTRUCTION SPECI FICATIONS (1) Water Di std button Mai ns & Accessorfe-s' r2) Wat,er Service Conrections~ Single & Ooyble . .' '..,., ',1 11' (('.:34) p,,~nroadand Hi!ghwq~,Crossirigs; Water & Other Pre's-sure Mains' ) Seiter" Ma'~ns: & APR~.rtenar)i.es OH. S~vI~r: SR.lVice,Gonnections; i.' " .,' ."c,' ,,'i t\l '-1' ('6)' Rail road & Highway Crossings, Sewer & Other Ghivfty' Mai ris' SECTION 1 DEFINITIONS Unless a different meaning clearly ap,pears from the context, the following \"Iords and terms shall have the fo 11 owi ngmeani ngs, as they are used in these Policies & Procedures respectively: "BOUNDARY (OR ALONG SITE) FACILITIES" are defined as wate'r or sewerage facilities located on a. street, alley, or easement that i's common to or between two or more developments of different ownership such that the one facil ity serves more than one development. lIeITY" shall mean the City of Call eyvi 11e, Texas. "CITY COUNCIL" shall mean the City Council of the City of COlleyville. "COMMERCIAL CUSTOMERS" (Users) are other than residences whose wastes are domestic type as opposed to industrial type as defined herein. "<;ONTRACTOR" is d0fined as the person (individ~Jal~ partnership, corpora- tion, etc.) who has legally agreed Clnd obligated himself~ by proper formal execution of complete Contract Docume,nts, approved by the City. to constru,ct water and/or sewerage facil iti es that are to be a part of the systems of the City. "CONTRACT DOCUMENTS" sha i"1 mean the standard form of wri tten and drawn documents employed by the City of Colleyville for thei:lJ~ard of construc- tion contracts and which consist of Notice to Contractors, Hage Rates, Proposa 1,' Contr~ct, Performance Bond, Payment Bond, t1ai ntel1,ance Bond, Certi fi cate of Insurance, Genera 1 Candi t ions;, Sped a 1 Condi'ti oris, Proj ect Technical Specificati'ons, City Standard Technical Specifications and Plans. "DEVELOPERII shall apply to the owner or legal sponsor of a subdivision development. "DISTRIBUTION MAIN" is defined as a t'later main located in a street, alley, or easement to which Service Lines are directly connected or which serve to distribute water to another water main. '/DISTRIBUTION SYSTEM" is defined as the enti re system of pipes, conduits atid appurtenances employed to di s tri bute water from the Supply Source to the Point of Service. IIDOMESTIC SEHAGE" is defined as the normal waste effluent from dwelling units, residences, institutions and business ~uildings having a Biochemical Oxygen Demand (B.O.D.) of not greater than 300 parts per mil1ior (p.p.m.) and other characteristics of both qua"ity arid quantity similar to other pU,rely domestic sevJage in the area. "ENGINEER" shall mean a person duly authorized under the provisions of the Texas Engi needng Regis trati on Act, as heretofore or hereafte}~ amended, to practice the pr'ofess ion of engi nee.r'i ng in the" State of Texas. 1.01 The tenn "CITY'S ENGINEER(S)" shall identify the Engineer regularly employed by the City with the title and usual responsibilities of City Engineer and/or the independent Consulting Engineers retained by the City for Special Engineering Services. The term IIDeveloper's Engineer(s)" shall identify the Engineer(s) employed or retained by the Developer to perform engineering functions for the Developer. IIFIXTURESII as applied to the determination of the sewerage charges is defined as any device that discharges waste material into the sewerage system~ with certain questionable devices specifically identified or excepted as follows: Water heaters~ residential ice makers~ drinking fountains~ air conditioners and similar devices with only blow-off condensate or minor drip connections shall not be counted as separate fixtures. Double kitchen sinks or pairs of sinks in a single bath~ utility or other similar room shall be counted only as one fixture; however~ each garbage disposal unit shall be counted as another fixture in addition to the sink in which it is installed. Floor drains mayor may not be counted as fixtures depending upon the nature and frequency of wastes entering as determined by the Superintendent. IIFRONT FOOTAGE" is defined as the number of linear feet in that portion of the boundary of a property (i.e.~ lot~ tract~ or parcel of land) abutting a street, alley or easement containing a sanitary sewer line or water IIDistribution Mainll from which the property will be served with water or sewerage service. In such case of a water IIDistribution Main"~ or IILateral Sewerll located in an easement across or into a single piece of property~ the IIFront Footage" shall be the length of the IIDistribution Mainll or "Lateral Sewer"'within the boundaries of the property, measured along the centerline of the IIDistri- bution Mainll or IILateral Sewerll. Normally~ IIDistribution Mains" or IILateral Sewers" are located in streets~ alleys~ or easements that are adjacent to~ and separate individual lots or tracts of land, whether owned by one or separate owners. In these normal cases~ the Front Footage for each separate lot or tract of land is the length of the IIDistribution Mainll or "Lateral Sewerll that is opposite to and approximately parallel with anyone boundary of the lot or tract. IIFront Footagell for two IIDistribution Mains" or IILateral Sewersll shall not be applied to anyone lot or tract and only the IIDistribution Mainll or IILateral Sewer" to which the first Point of Service is established by the City shall be used in the calculation of charges or refunds. IIHOUSE SEWER'1 is defi ned as that porti on of the connecti ng sewer from the end of the Service Sewer to the customer's fixtures. House Sewers shall be constructed by the customer or Builder in accordance with applicable ordinances of the City of Colleyville and in accordance with specifications for labor and materials~ as adopted by the City. IIINDUSTRIAL SEWAGE OR INDUSTRIAL HASTEII is defined as the waste effluent resulting from manufacturing or industrial processes having a Biochemical Oxygen Demand (B.O.D.) greater than 300 parts per million (p.p.m.) and 1.02 having other characteristics~ as determined by concurrence of the City's Engineer and Superintendent~ which would indicate that the effluent is not suitable for direct treatment by the City's treatment facilities~ or would cause excessive per connection loading of the facilities. "INSPECTOR" shall mean the representative of the City (or of the Consulting Engineer if so directed by the City) who is specifically assigned to . inspect any or all parts of the water and sewerage system, particularly new subdivision extensions, but who is without authority to revise, alter, or revoke the requirements of the rules, regulations, policies and procedures of the City or the approved Contract Documents for the job. "LATERAL SEWER" is defined as a sewer main located in a street, alley, or easement, usually, but not always, located on the Developer's property to which Service Sewers are directly connected. "MUNICIPAL UTILITY SERVICE CHARGP is the cost per acre whi ch wi 11 be charged to the developer to cover the City's investment in existing water facilities and sewage disposal facilities. This charge is derived from the City's cost in water facilities divided by the acreage served plus the City's cost in sewage disposal facilities divided by the acreage served. "OFF-SITE FACILITIES" (Approach Mains, Approach Sewers, etc.) are defined as those facilities located outside the boundaries of and not contiguous with the area of development except by point of contact, but that are required to join remote developments to the prior existing system. "ON-SITE FACILITIES" are those situated within or surrounded by a s i ngl e development such that they do not provide direct access for service to other than the one development. Generally, all discussions of facilities will pertain to on-site facilities unless they are specifically denoted to be "Offsite" or "Boundary" faci 1 iti es. "POINT OF SERVICE" (1) Water -- Service shall be considered to be available for a customer~ without extension cost to the customer, when a "Distribution Main" suitable for connecting the customer, will exist along the entire "front footage" of the lot or designated building tract when extended no more than 50 feet. Provision for continuation to the next adjacent properties as set forth above shall always be included unless the "Distribution Main" involved must necessarily terminate as a dead end not subject to extension because of topography, street pattern, City boundaries or other fixed barriers. (2) Sewer -- Service shall be considered to be available for a customer, without extension cost to the customer, when a "Lateral Sewer" or a sewer main suitable for connecting the customer will exist along the entire "front footage" of the lot or designated building tract when extended no more than 100 feet. 1.03 Provision for continuation to the next adjacent properties as set forth above shall always be included unless the IILateral Sewerll or sewer main involved must necessarily terminate as a dead end, not subject to extension because of topography, street pattern, City boundaries or other fixed barriers. No connection shall be made to any sewer belonging to the City until the proper connecting charges have been paid and the installation must then be properly inspected by the City's designated inspector. IISERVICE SEWERII is defined as that portion of the connecting sewer located in the roadway, street, alley or easement between the Sewer Main or Lateral Sewer and a point approximately on the right-of-way line or Customer's property line and shall consist of a service wye or tapping saddle and the required length of service pipe. Sewer Service Lines shall be installed by approved plumbers employed directly by Single Customers or by Developers under Contracts executed by the City. Construc- tion shall conform to current specifications for labor and material as adopted by the City. IISEWERAGE SYSTEM" is defined as the entire system of conduits, lift stations, treatment facilities and appurtenances required in the general process of removing sewage. IISINGLE CUSTOMER" shall apply only to an individually owned single family dwelling unit or to a single commercial establishment which is not a part of a contiguous sponsored development or subdivision, as determined by the Superintendent. "SUBDIVISION" is defined as the division of any tract or parcel of land into two or more parts, for the purpose of immediate sale or building development. (See Vernon's Texas Civil Statutes, Article 974a). "SUPERINTENDENTII shall mean the Water & Sewer Superintendent employed by the City of Colleyville or other employee representative of the City who is designated by the City as responsible for the operation and management of the City's waterworks and sanitary sewerage systems. IIWATER SERVICE CONNECTIOW' is defined as the corporation stop tapped into the Distribution Main, the Service Line, the Curb Stop, service meter of size required with meter setter or connections and the meter box or any other required items completely connected to supply water from the Distri- bution Main to the customer's curb stop. IISTANDARD WATER SERVICE CONNECTION" is defined as a customer service supplied through a single 3/4" service line and equipped with a single 3/4"x5/8" service meter. Service connections of other sizes shall be considered as Special Service connections. All water service connections shall be installed by the City's forces or under Contracts executed by the City. 1.04 "WATER SERVICE LINE" is defined as that portion of the Service Connection located in the roadway, street, alley or easement, which conveys water from a Distribution Main to the service meter or customer's curb stop, located on the customer's property line, but not longer than one hundred (lOa') feet from the Distribution Main. In no event shall the service line, as constructed by the City or under Contract for the City, extend on to private property without a written easement granted by the property owner to the City. All Water Services Lines shall be installed by the City's forces or under Contracts executed by the City. "WATER SUPPLY SOURCE" is defined as the origin, either singular or plural, of the water supply for the entire Distribution System, or any part thereof. 1.05 SECTION 2 OPERATING POLICIES IN GENERAL A. AUTHORITY OF r~YOR DURING A WATER SHORTAGE. 1. The Mayor is hereby authori zed to decl are that a shortage of water exists at any time~ that in his opin<ron~ the unrestrained use of water wi 11 create a danger to the water supply and duri ng such, times he may designate which groups of persons may use water and on which daY'S such persons may use water and for what purposes. 2. All persons are prohibited from using water in the system for the purpose .ofw.utering lawns and flowers and washing automobiles and trucks when the Mayor has declared that a shortage of wat~r' exists; provided~ however~ that the Mayor may designate certain hoiH's when certain groups of persons may use water for the above purposes during the existence of a shortage of water. 3. Notice of such restricted use of water shall be given by publication in thE'? offi ci al newspaper of the City one time or by posting notices at thr'ee (3) places in the City or by actual notice to any person by an officer of the City. B. DEPOSIT REQUIRED PRIOR TO TESTING METER ACCURACY. Should any consumer demand a meter be tested for accuracy~ he shall make a deposit of-Five Dollars ($5.00) with the City Water Department. If the test shows the meter is registering within the warranty of the meter manufacturer~ the deposit shall become the property of the City Water Department. If the test shows the meter is registering more water than is actually going through the meter ~ th,e depos i t shall be refunded to the user. c. RESPONSIBILITY FOR TURNING WATER OFF OR ON AT THE CURB STOP. When the necessity arises to turn the water on or off at the curb stop~ the City shall do so on request at no charge. The responsibility for damage to the curb stop rests with the City except when persons other than authorized City employees damage the curb stop by turning it on or off~ the responsibility then lies with the consumer in whose name the meter is registered. D. RESPONSIBILITY OF CONSUMER FOR WATER LOSS. A consumer shan be held responsible for loss of water due to breakage hi pipe or plumbing on the discharge side of the meter~ and if this water ~s not paid for according to the established rates~ when it becomesdue~ the servic~ shall be discontinued by the C'tty Water Department until all charges are pa1d. Shoul d any meter fa i 1 to regi ster correctly the amount of water, l,Ised by a customer since the previous readtng~ the right shall exist on the pa~t of the City Water Department to average the month and charge for water on the basis of any three months average. 2.01 E. RIGHT TO CONTINUE OR DISCONTINUE SERVICE TEMPORARILY FOR REPAIRS. The right is reserved in the City Water Department to temporarily discontinue and to reconnect without notice) water supply to all consumers for the purpose of making repairs) connections) extensions) and cleaning of mains) machinery) reservoir or any part of the City Water Department property. F. RIGHT OF ENTRY. Every person taking water from The City Water Department shall at all reasonable times permit the Water Superintendent or his agents to enter the premises and building for examination of pipes and fixtures and the manner in which the water is used) and refusal by any consumer shall result in refusal of water supply from the City Water Department until such permission is granted. G. BOND REQUIRED PRIOR TO INSTALLATION OF WATER & SEWER MAINS. Except for work performed under a City-Contractor Contract with required Bonds) any person or firm installing water or sewer main lines in any dedicated public street) alley) easement or thoroughfare shall post a bond of standard form approved by the City equal to 10 percent of the total Contract Price of the construction work with approved Sureties guaranteeing maintenance for a period of two (2) years from date of acceptance of construction. Such bond shall be furnished to the City prior to water or sewer installation works. H. MODIFYING EXISTING WATER OR SEWER FACILITIES TO ACCOMMODATE NEW DEVELOPMENT, BUILDINGS OR OTHER IMPROVEMENTS. 1. No building of any kind shall be constructed over an existing sanitary sewer main or lateral) unless and until said sanitary sewer has been replaced with either cast iron water pipe or extra heavy cast iron soil pipe, of a type and class specified by the City, subject to the approval of the Superintendent. This pipe replacement requirement may be waived by the Superintendent if, in his judgment, concurred by City Engineer's opinion, its fulfillment would not serve the best interests of the City. 2. Whenever it is necessary to relocate or replace an existing water or sewer facility to accommodate a use of a tract of land or lot of record contemplated by the owner and/or Developer thereof, such relocation or replacement shall be accomplished by the City, or under City super- vision by a Contractor employed by the Owner and approved by the Super- intendent. 3. The Owner or Developer shall, without charge to the City, furnish such easements or rights-of-way on the property as may be required to accomplish construction of the relocation or replacement. 4. The cost of such work shall be borne 100 percent by the Owner or Developer of the property, except that should the City elect to increase the size of the existing water or sewer facility to be replaced or 2.02 relocated, the City shall pay the difference in the cost of pipe and size of such existing water or sewer facility and the cost of the pipe of the size the City desires to have installed in the relocation or replacement thereof, provided such increase in size is not necessary to provide capacity at least equivalent to that of the existing water or sewer facility to be replaced or relocated. I. OWNERSHIP AND MAINTENANCE 1. Title to all sanitary sewers constructed under this policy, except title to sanitary sewer "service connections", shall be vested in the City. 2. Title to all sanitary sewer "service connections" (including the, connection wye or saddle) constructed under this policy by the City or its Contractors shall be vested in the Developer, or "Single Customerll, and the City assumes no responsibility for the maintenance or operation of such "Service Connections", except to invoke the Contractor's Maintenance Bond in event of applicable defect. 3. The City shall maintain and operate only those sanitary sewers whose title is vested in the City. 4. Title to all Water Mains constructed under this policy, including title to "Service Connections", shall be vested in the City. 5. The City shall maintain and operate only those Water Mains whose title is vested in the City. J. PROVISIONS ATTRIBUTED TO CONSUMER. All of the provisions of these policies shall be deemed to be incorporated in every contract between the City Water Department and its consumers, and each consumer shall be charged with knowledge of the provisions of these policies, and by applying for and accepting water from the City Water Department, to have assented to the provisions hereof. K. ESTIMATES OF WATER LOSS. The Superintendent shall maintain currently by months an accounting of estimated total water produced and the total water sales and shall estimate the distributions of the difference to fire usage, leakage, unaccounted losses and other cause of loss if known. L. MAINTENANCE OF DETOURS. Installation of water and sewer mains shall be done so as to provide and maintain detours and keep open facilities for public travel. M. FINAL CLEANING UP OF RIGHT-OF-WAY. Upon completion of the installation of water and sewer mains, the Contractor shall clean and remove from the right-of-way all falsework, all surplus and discarded materials, rubbish, and temporary structures, restore in an acceptable manner all property, both public and private, which has been damaged because of the work, and shall leave the streets and right-of-way unobstructed and in a neat and finished condition throughout the entire length of the project. 2.03 N. BARRICADES, WARNING AND DETOUR SIGNS. Any person installing water and sewer mains shall provide, erect and maintain all necessary barricades, suitable and sufficient red lights, danger signals and signs, provide a sufficient number of watchmen and take all necessary precautions for the protection of the work and the safety of the public. All lights shall be kept burning from sunset to sunrise. O. SALE OF WATER OUTSIDE CITY LIMITS. No water will be sold to any individual that is not within the legal city limits of Colleyville without prior written approval of the City Council. P. WATER WELLS. No water well permits will be issued until approved by the City. Q. CONNECTION TO SEWER SERVICE. 1. No new sewer connections will be made unless the location is served with city water, if available. 2. All subdivisions developed subsequent to placing the sewerage system in service must be connected to the sewerage system with exceptions subject to approval by the City Council only if the following conditions exist: (1) The subdivision in question is less than five parcels of land, (2) The existing sewerage system is not and cannot feasibly be made available to the area of development. When the preceding conditions are met, the plat must provide for dedicated parkways, clear of obstructions, not less than 10 feet in width adjacent to all lots to facilitate the future installation of a sewerage system. Dedication of such parkways shall prohibit fencing or other obstructions that would interfere with the future installation of the sewers. R. SEPTIC TANKS. The recommendations contained in the "Upper Trinity River Basin Compre- hensive Sewerage Planll, Volume I, Chapter IV, pages 11 through 28 concerning regulation of septic tanks will be followed in the City of Colleyville in conjunction with applicable City Ordinances. S. SIZING OF WATER AND SEWER FACILITIES. All new water and/or sewer facilities are to be sized in accordance with the requirements of Section 7.B. 2.04 SECTION 3 SERVJCE CHAR(~,~ A. THE FOLLOWING MONTHLY RATES SHALL BE CHARGED FOR WATER: 1. Minimum for Month for First 267 cubic feet -- $4.00 2. Next 1,070 cubic feet -- $0.70 per 10'0 cubic feet 3. Allover 1,337 cubic feet -- $0.60 per 10Q cubic feet B. tHE FOLLOWING MONTHLY RATES SHALL BE CHARGED FOR SEWER SERV!CgS: 1. Residential users, $5.50 per month 2. Commercial users, $5.50 plus 20 percent of water bill per month 3. All Industrial Users: To be served on system only by specific Contra~t approved by the City Council for particular industrial Sf-wage or Waste involved. C~ BILLING -- DELINQUENT PENALTY. A 11 charges forservi ces furni shed or rendered by the City Water Department shall be due and payable on the date stamped Oil the b-j1 1 at the office of the water collection department in the City Ha'i"l and if not paid within sixteen (16) days after it becomes dwe and payable, a ten percent (10%) penalty will be added to the next bin. u. DISCONTINUANCE OF SERVICE, NOTICE: RECONNECTION FEE. , Service to any customer will be discontinued after written notice within four (4) days from the date of any bill containing an arrears balance. Where service has been discontinued for failure to pay for service rendered, a charge of Five Dollars ($5.00) shall be made for ~ach meter disconnected before such service shall be r'estored. 3:01 SECTION 4 CHARGES FOR DEPOSITS FOR CONNECTIONS TO EXISTING MAINS AND LATERALS- A. WATER SERVICE. An applicants fot~ water service tiill be required tt; make a meter deposit (payment security deposH) ,for each water service connection, such deposit to remai n with the City throughout the term of the servi ce contract. The :;lr:ount of the deposit shall be detennined as follows: L For residential customers \'Jho have not previously been eJigib<!e for discontinuance under preceding Section 3 iJ, the deposit sha11 be $10.00. 2, For commercial customeY's" the deposit shall be calculated by the Superintendent to equal the multiple of $5~OO nearest th~ , estimated average monthly tilling for the particular type of customer involv0d~ but in no case less than $10.00. 3. For customers who have previoi1sly been eligible for discontinuance undet~ preceding Section 3 D., the deposit shall be determinE~d by the Superintendent to equa"( the rnult'lple of $5.00 nearest the largest amount ever previously owed by that particular customer', but in no case less than $10.00. The deposit will be refunded, or in event a balance is due, applied against the final hill for services required upon termination of the contract', The City wi 11 not pay i nte}~es t on meter depos it funds. In locations where a complete Service Connection, including t~p, service hnej curb stop, meter', and box were paid for or i'ostal]ed by a pr'lor Single customer, no charges are made other than the meter deposit (above) and the regular month1y service charges as set forth in Section 3. In locations where a complete Sel~vice Connection, including tap, servicp. 1 i ne:. curb s top ~ meter and box were pa i d for or ir,s ta 11 ed by a Developer, the charge for the right to connect to the system shall be $100 plus the meter deposit set forth above and the regular monthly service charges as set forth in Section 3. At JvGD,t1cms where only a partia.' conn(~ct'lan has beenprevious'!y palO fOfor insta"l1ed, inc'i!Jding only the tap, service line or curb :st:op ilnd setter, ~~,he applicant fqr sentiee shan pay (in add'ition to the meter deposit) the cost of compleclng tbe Service Connection with meter and box, wtrich costs are non-y'efundabl e p11)s a chm'ge of $100. FOl" an services 3/4" through 6". an estimate of the cost for the connection will be provided by the City and a deposit of the estim(ited amount will be reqllire~ before work is started on the installation of $~th connection. Should the final cast of the work exceed the amount of the deposit, a statement showing the amoul1t of toe excess will be immediate'(y furllish2d to the person 4.01 having made the deposit) and this amount will be due before water service is actually begun. Should the final cost be less than the amount of the estimate or deposit, a refund of over payment will be immediately made to the person for whom the deposit was received. In addition to the construction cost above) and in locations where there has been no previous water service, a charge of $100 will be due before water service is actually begun. At locations where no part of the Service Connection is existing or previously paid for) but a Distribution Main is existing adjacent to the property to be served, the non-refundable Connection charge shall be quoted by the City at the time of installation. This is in addition to the meter deposit. Should the Service Line required be longer than 50 feet) or should the customer desire larger service, an estimate of the cost for the connection will be provided by the City, and a deposit of the estimated amount will be required before work is started on the installation of such connection. Should the final cost of the work exceed the amount of the deposit, a statement showing the amount of the excess will be immediately furnished to the person having made the deposit) and this amount will be due before water service is actually begun. Should the final cost be less than the amount of the estimate or deposit) a refund of overpayment will be immediately made to the person from whom the deposit was received. Where applicable there shall be added the cost of street repairs as follows: A minimum street cut of $100.00 shall be deposited at the time water service is requested and before service is started on installation of such connection. Should the final cost of the work exceed the amount of the deposit, a statement showing the amount of the excess will be immediately furnished to the person having made the deposit) and this amount will be due before water service is actually begun. Should the final cost be less than the amount of the deposit or estimate) a refund of overpayment will be immediately made to the person from whom the deposit was received. Where a Single Customer desires to increase the size of his existing Service Connection) the Superintendent shall determine the charges for the larger Service Connection) and shall apply a credit against the charges for the larger connection equal to one-half (~) of the cost of the size Service Connection to be replaced, pro-rated over the seven (7) year life of the existing meter. Extension of the service piping from the City's meter and curb- stop shall be accomplished by the customer at his expense; however) such installation shall be in accordance with the applicable ordinances of the City. B. SEWER SERVICE. Applicants for Sewer Service who also have posted the $10.00 meter deposit for water service to the same location are not required to post a separate deposit for Sewer Service; however, if the Applicant receives Sewer Service only) or for any other reason, has not posted the water meter deposit, then they will be required to make a Sewer Service payment security deposit) in the amount of Ten Dollars ($10.00) for each such 4.02 Sewer Service Connection, which will remain on deposit with the City thoughout the term of the Service Contract. The deposit will be refunded, or in the event a balance is due, applied against the final bill for services rendered, upon termination of the contract. The City will not pay interest on such deposit funds. Where the main or lateral sewer and service sewer has been installed by the Developer, then the charge for the right to connect to the system shall be $100. Where the furnishing of Sewer Service by the City does not require the extension of Lateral Sewers or other Sewer Mains more than one hundred (100') feet, as defined under Point of Service, to serve a new Single Customer, the charge for the right to connect to the system shall be $400. Where applicable there shall be added the cost of street repairs as follows: A minimum street cut of $100.00 shall be deposited at the time sewer service is requested and before service is started on installation of such connection. Should the final cost of the work exceed the amount of the deposit, a statement showing the amount of the excess will be immediately furnished to the person having made the deposit, and this amount will be due before water service is actually begun. Should the final cost be less than the amount of the deposit or estimate, a refund of overpayment will be immediately made to the person from whom the deposit was received. Each Single Customer shall also be responsible for paying the cost and accomplishing the tapping of the sewer main or lateral and installation of the required tapping saddle, Service Sewer and House Sewer. All materials used and methods of construction shall be in full compliance with the latest specifications, as adopted by the City and the applicable ordinances of the City. The person or persons actually performing the installation of the Service Sewer must be properly licensed plumbers in accordance with City requirement and shall obtain all permits, particularly including a permit from the City prior to tapping the City1s lateral Sewer or other sewer, and no Sewer Service installation will be considered as acceptable for service unless and until the installation has been inspected and approved by a representative of the City prior to and after completion of the trench backfill. The permit of the City as evidenced by a copy of the receipt for payment of the connection charge, shall be in possession of the person performing the installation of the Service Connection and shall be exhibited to the City's Superintendent or Inspector at his request. 4.03 SECT! ON 5 SYSTEM EXTENSIONS ,TO SERVE SINGLE CUSTOM~RS OR GROUPS OF IND~PENDENT SINGLE CUSTOMERS A. GENERAL. This section shall apply only to Single Customers or Groups,of Independent Single Customers requiring system extensions to satisfy the requirements of Point of Service for connect~on to the City's water OY' sewe)~age sys terns, and it shall s pecifi ca 11y exc 1 ude extens,i ons for Sub- divisions which are covered in Section 6. The City will extend its existing Water Distribution Mains a distance of not more than fifty (501) feet and its existing Lateral Sewers or Sewer ~1ains a distance of not more than one hundred (100 I) feet per connection in any dedicated street or alley without additional cost to each Customer above the standard connection charge as covered in Section 4. Should one or more single customer(s) desire service which necessitates an extension of more than fifty (50 I) feet per water connection o,r one hundred 000') feet per sewer connection involved, such customer(s) may advance the fundi ng .equi red wi thprovisi ons for future refundi ng as additi ontil customers pay for connecting to the system by the procedure set forth under liB II, following. The Ci ty does not commit to a pol i cy of fund-j ng sys tern extens ions from surplus revenues, bond funds or other public sources of funds; however, in the event such funds become available, the City reserves the right to do so at their own sole discretion. In such cases, priorities of projects will' be based upon the Hell being of the public relative to health and sani,tation, as well as the willingness of the customers involved to participate in costs. B. METHOD OF PROCEDURE. Where one or more Single Customer(s) desires to advance the funding necessary for the City to extend either its water or sewerage systems, or both, beyond the amounts specified to satisfy the requirements for Points of Service for their property, they shall make their request to the City Secretary in writing, stating the lot and block number, name of subdivision ands-b~eet address of the property to be served and the type or types of service required. Each request shall be signed by all property owners initially requesting service and their signatures shall be identified with the property they desire to be served. Upon receipt of such y'equest, the City SeCI'etary will instruct the City's'Engineer(s) to prepare an estimate of the cost of the extensions beyond the Point of Set'vice which shall include actual constructionctlst p1 us an allowance of ten (10%) percent of such cos ts to cover the administY'ation~ field surveys and tontinger;ci6s. The estimated amount of the construction cost plus ten (10%) perc,ent as ,detennined above for extending the Distribution Mains" Lateral Sewers or Sewer Mains Qeyond the amoun~ of the extension required to satisfy Point of Service for each customer, plus the applitabl~Connection tharge and 5.01 and meter deposit prescribed for each of the initial customers requlrlng the extension as set forth in Section 4 shall be deposited with the City by the individuals in proportions determined as hereinafter provided before construction is intiated by the City. Each Single Customer participating in system extensions under this section of the city's policies shall execute a written agreement with the city setting forth in detail the location, extent, total and Single Customer cost of the extensions, and the name and address of the person to whom any refunds are payable. After all required deposits are posted with the City, the applicants may stipulate that competitive bids be received from private Contactors for performing the extension, otherwise it will be left to the option of the City whether the work is let by competitive bids or performed by the City forces for the amount of the estimate. If bids are received on the work, the amounts of the deposits will be adjusted by additional collection or refunds to the actual contract cost plus ten (10%) percent plus the applicable connection charges and meter deposits. Such adjustment shall be made upon completion of the work and prior to connecting the customer for service. C. DETERMINATION OF PROPORTIONS OF EXTENSION CHARGES ASSIGNED TO RESPECTIVE INDIVIDUALS PARTICIPATING IN EXTENSIONS BY GROUPS. Where groups of single customers join together to accomplish system extensions for service as provided above, the proportion of the cost assigned to each individual customer shall be determined as follows: 1. The total construction cost of the sewer and/or water main extension including all appurtenances and water service connections, but not service sewers, shall first be determined. --- 2. The cost equivalent of 100 feet of sewer main and/or 50 feet of water main shall be subtracted from the cost determined by 1. above for each service connection involved in the group participation 3. The difference thus obtained shall be the participant's share of the construction cost of the extension, to which is added 10%. 4. The participants total extension cost shall be proportioned to the individual single customers by a combined relationship of individual IS "Front Footage" as \'ie 11 as di stance from pri or termi na ti on of sys tern as fo 11 ows : '" a. The distance from prior termination of system to the proposed service connection location shall be determined for each partici- pant and all these distances shall be added together. b. The Front Footage length of all participants shall be added together. 5.02 c. The combined total of a & b above shall be divided into the individual totals of distance from prior system plus front footage, thus providing the factor which when multiplied by the group of participants total extension costs gives the individual1s share. In addition to extension costs thus determined, the Customers shall also pay the Connection Charges and meter deposits as provided in Section 4 and provide their own sewer service line and/or water connection to the meter. D. SUBSEQUENT CONNECTIONS TO EXTENSIONS PAID FOR BY SINGLE CUSTOMERS OR GROUPS OF SINGLE CUSTOMERS. As intermediate customers between the last previous Point of Service and the extended Point of Service request and pay the standard Connection Charges plus extension charges as required to satisfy the Intermediate customer's Point of Service Requirement. refunds will be made to the customers who paid for the extension until the full amount advanced to the City for the extension has been repaid. Refunds shall be made to the initial customers within thirty (30) days after the new customer Connection Charges have been paid to the City, and shall be divided among the initial participants in the same proportion as their participation in the extension. 5.03 SECT! ON 6 SYSTEM EXTENSIONS TO SERVE SUBDIVISION DEVELOPMENTS A. BASIC POLICY AND SCOPE OF CHARGES The Developer shall pay all costs attributable to the installation of ~~ater and Sewerage Facil i ties as needed to ful fi 11 the basi c criter,ia requi re- ments of the City for service to his Subdivision. Such costs generally inciude (but are not limited to) the following: 1. For Easements, Rights-of-Way and Sites, the total actual ~ost of acquisition unless the City Council approves City participation as spe- cifically pr'ovided in the Developer-City Agreement because of commOn usefulness for other fuctions 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 cost. 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 10%. b. If total amount is paid a minimum of one (1) year prior to submitting of the Preliminary Plan, a d-:scount of 18%. c. If total amount is paid a minimum of two (2) years pri(lr to submitting of the Preliminary Plan, a discount of 27%. 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 Faci1 ities, the total actual cost unles's the City Council approves City participation for oversizing as specifically pro.vi ded in the Devel oper--C; ty Agreement. 6. For City inspection and Acceptance Fees, an amount equal to 3% of the construction cost. 7. FOl~ Constt"uction Layout, Cut Sheets and for making field v,.djustments: a. When City participation does not exceed $5,.0-00: the total actual cas t. b. When City participation exceeds $5)000: the Developer shall pay his propotional share of the cost. %" Any fees~, licenses or other mandatory costs assessed by others not within control of City shall be fully paid by Developer. 6.01 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 service. 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 Engineer(s) will provide Engineering Design 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 Agreement. When the City participates in the cost of constructing the project by oversizing facilities, or other participation, the Contract for construction shall be executed between the City and the Contractor only after compliance with all Charter and Statutory requirements for advertising and receiving 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 in compliance with Section 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 PROCEDURE. Preliminary action is first initiated by the Developer recelvlng 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 superimposed 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 incre- mental development is proposed. The Developer also submits the City's review fee of 2% based upon the tentative cost estimat~, or $500, whichever is greater. 6.02 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 concerning acceptability, needed oversizing and cost estimates 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 competitive bids in accordance with all City Charter and statutory requirements. 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 fo 11 ows : 1. WHEN CITY PARTICIPATION 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-Developer Agreement. Developer's Engineer shall prepare and submit to the City complete construction plans, specifications and 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 remaining 3% 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 furnishes to the City a Notice to Bidders 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 received, 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. 6.03 The Inspector shall inspect the work and review the partial and final pay estimates to the Contractor as prepared by the Developer1s 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 IS TO BE MORE THAN $ 5,000 IN THE PROJECT. CITY PARTICIPATION 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 instructs the City's Engineer(s) to 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 City1s 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 Surety. After distribution of Documents, Developer shall deposit with City Secretary 3% Layout & Administration, plus 3% Inspection & Acceptance fees based 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 City1s 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. 6.04 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 oversizing 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 such specific bid prices, the price shall be determined by using a current bid price or City Engineer(s) estimated price. D. DEVELOPER PAYMENTS 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 from the Developer, either in cash to be placed in escrow or by irrevocable commercial letter of credit from a bank or other lending agency acceptable to the City, and conditions of such letter to be included in the City'Developer Agreement and of fonn approved by the City Attorney. E. CHARGES AND/OR REFUNDS ON OFFSITE AND BOUNDARY FACILITIES When any customer, whether an individual, residential commercial builder, 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 accor- dance 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 5 D. When portions of an increment of a development necessitates facilities that are Boundary or Off-Site relative to the initial increment, but later 6.05 furnished direct service to subsequent increments, then such later connections may be made without payment of additional connection charges by the same Developer or 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. 6.06 SECTION 7 STANDARD REQUIREMENTS & CRITERIA OF DESIGN FOR SYSTEM EXTENSIONS A. All Contract Documents for extensions of improvements to the City's water or sewerage facilities shall be prepared under the supervision and bear the seal of a Registered Professional Engineer, who shall be licensed by the State of Texas. Such Documents shall consist of the following: 1. Notice to Contractors 2. Wage Rates 3. Proposal 4. Contract (Standard Form of Agreement) 5. Bid Bond (unless Contract is negotiated by Developer) 6. Performance Bond ) 7. Payment Bond ) Comply with Applicable Statutes of the State of Texas 8. Maintenance Bond (10% of Total Contract for 2 years) 9. Certificate of Insurance 10. ~eneral Conditions of the Agreement 11. Special Conditions 12. Pr9ject Technical Specifications 13. City Standard Technical Specifications 14. Pl ans B. SIZING OF WATER AND SEWER FACILITIES ~ll new water and/or sewerage facilities are to be sized to adequately serve the needs of the City based upon the land use plan in effect at the time of construction. Any proposed development which is in contrast to the land use plan and thus causes existing water and/or sewer facilities to be inadequate, will pay all cost necessary to provide for the increased capacity required by the revised land use. C. WATER SYSTEM DESIGN AND CONSTRUCTION STANDARDS The criteria of design and the materials and workmanship used in extensions or improvements to the Cityls water system shall conform to the Master (Plan{s) and Standards adopted by the City of Colleyville, as well as to ~ll applicable Rules and Regulations of the Texas State Department of Hea1th. Situations requiring discretionary determination, not covered by speci fi c regul ati on shall be resolved by recomrnendati on of City I sEngi neer aDd action by the City Council with consideration for applicable standards of the American Water Works Association, Texas F'lre Insurance Commission and ?ther recogni?~d authorities. Non-ri s i I1g stem gate valves with s 1 i p or screw type iron cover' boxes and other control devices shall be installed throughout the system for proper control, maintenance and operation of the system. 7.01 Fire hydrants conforming to the Standard Technical Specification of the City and construction to provide nominal three (31) feet of cover over the connecting main shall be installed at locations such that all areas of single family development are located within a five hundred (5001) foot radius from a fire hydrant, but also such that hose line routes to each residence will not be more than five hundred (5001) feet by public right-of-way. In areas with more than single family development (except agricultural) fire hydrants shall be on a three hundred (3001) foot radius from all areas. All such fire hydrants shall be served by a six (6") inch or larger supply or distri- bution main. Water distribution mains shall not be smaller than four (4") inch and when 411 mains are installed, they shall not be used to serve more than twenty (20) Standard 3/411 Single Connection or ten (10) Double 111 Service Connections and no 4" Distribution Mains shall exceed one thousand (1,0001) feet in length between direct connections to larger mains. All Supply Mains and Distribution Mains installed within a Developer1s platted and filed area of development must extend to the borders of his develop- ment as required for future extension of the City's system, regardless of whether or not such extensions are required for service within the area of development. D. SEWERAGE SYSTEM DESIGN AND CONSTRUCTION STANDARDS The criteria of design and the materials and workmanship used in the extension of improvement of the City1s sewerage system shall conform to the Master Plan{s) and Standards adopted by the City of Colleyville, as well as to all applicable design criteria for sewerage system of the Texas State Department of Health. Situations requiring discretionary determinations not covered by a specific regulation shall be resolved by recommendation of the Cityls Engineer(s) and action by the City Council with consideration for applicable standards of the recognized societies and authorities. Approach sewers shall be designed with consideration for servicing the full drainage area subject to collection by the system, subject to modifica- tion by the City, if necessitated by the projected rate of development and the financial feasibility of the proposed extension. Lateral sewers shall be designed to serve the planned area of development with provision for extension where possible into adjacent undeveloped areas. All Lateral Sewers or Sewer Mains installed within a Developerls platted and filed area of development must extend to the borders of his develop- ment as required for future extensions of the collecting system regardless of whether or not such extensions are required for service within the development. The construction of sewage lift or pumping stations or separate treat- ment facilities will not be permitted unless the cost of constructing such lift stations or separate facilities is at least thirty (30%) percent less than the costs of constructing an adequate Outfall or Approach Sewer to serve the area. 7.02 Gravity Flow Sewer laterals and Mains 12" and smaller shall be extra strength vitrified clay pipe, po1yfiny1 chloride (PVC) sewer pipe or acry10nitri1e-butadiene-styrene (ABS composite sewer pipe. Gravity Flow Sewer Mains larger than 12" shall be of the type selected for the particular job involved. Service lines (house services, etc.) shall be extra strength vitrified clay pipe, cast iron soil pipe or PVC sewer pipe. 7.03 CITY - DEVELOPER AGREEMENT APPENDIX "B-l" THE STATE OF TEXAS COUNTY OF ~ ~ KNOW ALL MEN BY THESE PRESENTS: That , an individual D.B.A. (or) a Corporation organized under the (or) a Partnership consisting of of the County of laws of , hereinafter called Developer, and the State of City of Colleyville, Tarrant County, Texas, hereinafter called City, enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewerage service to the increment of the addition to the City of Colleyville, Texas, as filed of record in Volume , Page of the Plat Records of Tarrant County, Texas, (or if not yet filed, as shown on the plat attached hereto) the parties hereto do agree: 1. The Developer agrees to pay to the City the Municipal Utility Service Charge and an amount equal to 7% of the cost of construction of water and sewer facilities (exclusive of City oversizing costs, if any) for the subject subdivision for which the City will furnish complete design and administration including plans, specifications and other contract documents to be prepared by the City.s Engineer(s). 7% is in addition to prior fees paid for preliminary layout and tentative estimate of cost.) The Developer agrees to furnish all permits, easements, rights-of-way or other sites necessary for the project at no cost to the City or to reimburse the City for all costs incurred if such items are acquired by the City, and to abide by all properly approved rules and regulations of the City of Colleyville. 3. The Developer agrees to post with the City a cash deposit to be placed in escrow or an "Irrevocable Commercial Letter of Creditll, in amount equal to the total construction cost exclusive of City Participation, if any, plus a fee in amount of 6% of said construction for which the City will furnish Construction Layout, cut sheets and field adjustments of design (3%) as well as inspection and final acceptance upon satisfactory comp- letion of the facilities (3%). The City will then enter into Contract with a Contractor who will perform the work and be paid by the City from the deposit or letter of credit posted by the Developer. 4. Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City and that he should be responsible for paying the costs of any cancellations, alterations, or amendments to the Contract unless specifically provided otherwise by written authorization from the City. 5. The City will participate in the cost of oversizing portions of the facilities as follows: 6. The Developer will be eligible for refunds in accordance with standard pol icy of the Ci ty on "Boundary" and/or "Off-Site" facil i ti es as fo 11 ows: 7. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumberances is hereby vested in the City of Colleyville. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in three (3) counterparts, each of which shall be deemed an original on this the day of , 19 Developer (SEAL) By ATTEST: City By City Secretary THE STATE OF TEXAS COUNTY OF I BEFORE MEt the undersigned authoritYt on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrumentt and acknowledges to me that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this DAY OF tA.D.,19 Notary Public CountYt Texas CHECK LIST FOR PROCESSING DEVELOPER EXTENSIONS APPENDIX"A" to th e RULES, REGULATIONS, POLICIES AND PROCEDURES WATER AND SEWAGE FACILITIES CITY OF COLLEYVILLE, TEXAS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. City to Dev., Colleyville Policies & Procedures (Appendi x "el not i ncl uded) 2. Dev. to City, Prelim. Plat, incrementing instructions, request for prelim. layout & tent. cost est. of W.&S., and Deposit. ($50.00 + 3.00/LT or $6.00/Ac.) 3. City Secy. to City Engineer, prelim. plat, and instructions to prepare layout & Est. 4. City Engr. to City Secy., Layout, Estimate and City Participation, if any 5. (a) City Secy. to Developer, Copy of Layout and Estimate and: (b) City Secy. to City Council Info. on City Participation, if any 6. Developer to City Secretary, filing plat for Planning and Zoning Commission approval and request for City Developer Contract 7. City Secretary to City Engineer Filing Plat, Developer's request and City Council's instructions on participation, if any 8. City Engr. to City Secretary, Estimate of Construction Cost and tentative draft of City-Developer contract 9. Draft of Contract Reviewed by City Attorney DATE OF ACT! ON VERI FlED BY (INITIAL) DESCRIPTION & ORDER OF ACTION 10. City-Developer Contract Executed by Developer and Mayor 11. Developer to City Secretary 7% Deposit plus 10% of the Municipal Utility Services Charge 12. City Secretary to City Engr., instruc- tions to prepare Plans, Specs. and other Contract Documents 13. (a) City Engr. receives Sealed Bids and furnishes tabulation to City Secy. or: (b) Developer Negotiates Contract and furnishes unit prices and time to Ci ty Secy. 14. Developer to City, Evidence of Plat Recordings, Escrow Deposit, Irrev. Comm. Letter of Credit or other acceptable financial arrangements for construction layout, admin., inspect. and acceptance 15. City Secy. to City Engr. instructions to have Documents executed and Issue Work Order 16. City Engr. distributes Documents & Work Order 17. Work staked for construction by City Engr. 18. Cut Sheets furnished to City Super- intendent and Contractor by City Engr. 19. Partial Estimates paid by City #1 (Not to exceed 90% of Total) #2 #3 DATE OF ACTION VERIFIED BY (INITIAL) DESCRIPTION & ORDER OF ACTION 20. Statement of acceptance of facilities prepared by City1s Supt. or Inspector 21. Statement of acceptance reviewed by City Engr. 22. Developer to City Secretary, 50% of the Municipal Utility Service Charge plus Irrev. Comm. Letter of Credit or other acceptable financial arrangements to insure the remaining 40% of the M.U.S. Charge 23. Final Acceptance by City Council 24. Remaining 40% of the Municipal Utility Service Charge due one year from final acceptance of the water and/or sewerage facilities by the City Council DATE OF ACTI ON VERIFIED BY (INITIAL) CITY-CONTRACTOR AGREEMENT APPENDIX "B-2" STANDARD FORM OF AGREEMENT ( As Adopted By THE TEXAS SECTION OF THE MIERICAN SOCIETY OF CIVIL ENGINEERS October 7. 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 Revised April 8. 1954 . Revised April 21, 1960 Revised October 7, 1971 Approved as to Legal Form by Legal Counsel STATE OF TEXAS COUNTY OF } ( THIS AGREEMENT, made and entered in to this A. D. 19_, by and between day of of the County of and State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, ann J \ of the City of and State of CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of c~rtain improvements described as follows: . County of , Party of the Second Part, hereinafter termed and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own pro per cost and expense to furnish aU the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and olher accessories and services necessary to complete the said construction, in accordance with t.he conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by_ herein en.titled the ENGINEER, each of which hHS oeen identified by the CONTRACTOR anrl the E!'I:(;INEER. tog-ether with the CONTRACTOR'S written Proposal, the General Condition:, of the Ag-reement. and the Performance and Payment Bonds hereto aUacherl; all of whirh are made u part hereof and collectively e\.idence and cOI1,;titute the entire contract. I \. '" SF-l ( The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same calendar days within working days after the date of the written notice to commence work, subjed to such extensions of time as are provided by the General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. L~ WITNESS '\THEREOF, the parties to the~ presents have executed this Agreement in the year and day first above written. Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR) By: A TrEST: By: ATTEST: r , 1/ \. " SF-2 S/72 APPENDIX "B-3" ( BID BOND (NOTE: Bidders may furnish Cashier's Check as Alternate to Bid Bond) 1.5.01 KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called the Principal, . .~ as Principal, and the , of a corporation duly organized under the laws of the State of hereinafter called the Surety, as Surety, are held and firmly bound unto ( as Obligee, hereinafter called the Own~r. in the sum of Do 11 a rs ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fi nnly by these presents. 1.5.02 WHEREAS, the Principal has submitted a bid for \. 1.5.03 NOW, THEREFORE, if the Owner shall accept the bid of the Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such bid and give such bond or bonds as are stipulated in the General Conditions and Information For Bidders with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. - ( 1.5.01 \ ( ., 1. 5.02 APPENDIX "B-4" PERFORMANCE BOND ( STATE OF TEXAS COUNTY OF .. ---} KNOW ALL MEN BY THESE PRESENTS: That ___ ____ __ ___ _. of the City of County of__. .___ , and State of , as ( I principal, and nuthorized under the laws of the State of Texas to ad as surety on bonds for principals, are held and firmly bound unto____ (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, admini8trntors, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain ",Titten contrs.ct with the O'i\-ner, dated the._____day of -t 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. \ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PrinciPRI shall faithfully perform said Contract and shall in [..11 res~ts duly and fBithf'..:lly observe and perform aU a.!ld singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and acconHng to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determin~d in accordnace with the provisions of said Article to the same extent as if it were copied at length he~cin_ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work ptlrformecl thereunder, or the p!a.''ls, sPecifications. or drawings accompanying the same, shan in anywise affect its obligation on fnis ( PB-l ( bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be perfonned thereunder. IN WITNESS WHEREOF, the said Principal a.nd Surety have signed and sealed this instru- ment this day of , 19 Principal Surety By By Title Title ( Address Address The name and address of the Resident Agent of Surety is: ( '-. ( PB-2 APPENDIX "B-5" P A YMEl'-i'"T BOND ( STATE OF TEXAS COUNTY OF } KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of ,as ( principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum of Do 11 a rs ($ ) . for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a cert.ain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same e."Ctent as if copied at length herein. NOV/, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, tha.t if th~ said Principal B11a11 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED. HOWEVER. that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the t.erm8 of the contract, or to the work performed thereunder, or the plans, specifications or drnwings accompanying thp. :'lame, shall in anywise affect its obligation on this \. PB-S ( bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment thiR day of , 19 Principal Surety By By Title Ti tlP. ( AddresR Addres" The name and address of the Resident Agent of Surety ia: ( ., \ PB-4 CONTRACTOR'S MAINTENANCE.BOND APPENDIX "B":'6Jr ~ o STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That (NAME OF CONTRACTOR) as principal, and (NAME OF SURETY) a corporation organized under the laws of as Sureties do hereby expressly acknowledge themselves to be held and bound to pay unto the CITY OF COLLEYVILLE, TEXAS, a municipal corporation, the sum of (TEN (10%) PERCENT OF THE TOTAL CONTRACT PRICE) Dollars ( ) for the payment of which sum well and truly to be made unto said CITY OF COLLEYVILLE, TEXAS, and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the CITY OF COLLEYVILLE, TEXAS, dated the day of A.D., 19 , a copy of which is hereto attached and made a part hereof for the extension of the water and/or sewerage systems of the CITY OF COLLEYVILLE to serve the Addition to the City of Colleyville and, increment of the WHEREAS, said Contract was entered into pursuant to the requirements of the City of Colleyville and in accordance with the conditions of a written City-Developer Agreement between the City of Colleyville and the Developer, and, WHEREAS, in said Contract, Contractor binds itself to use of materials and methods of construction such that improvements will be initially completed free of perceptible defects and will remain in good repair and condition and free of perceptible defects for and during the period of TWO (2) YEARS after the date of acceptance of the completed improvements by the City; and, WHEREAS, said Contractor binds itself to construct said improvements in such manner and obtain inspection approvals in proper sequence as are required to obtain acceptance by the City and to repair or reconstruct the said improve- ments in whole or in part at any time within said TWO (2) YEARS period to such extent as the City deems necessary to propertly correct all defects except those which have been caused by circumstances and conditions occurring after the time of construction over which the Contractor had no control and which are other than those arising from defect of construction by the Contractor; and 1 of 2 Contractor's Maintenance Bond WHEREAS, after the acceptance of the improvements by the City, said Contractor binds itself, upon receiving notice from the City of the need therefore to repair or reconstruct said improvements and if the Contractor fails to make the necessary corrections the City of Colleyville may do or have done all said corrective work and shall have recovery hereon for all expenses thereby incurred. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said improvements for a period of TWO (2) YEARS, as provided, then these presents shall be null and void, and have no further effect. Otherwise, this Bond shall be and remain in full force and effect, said City shall have and recover from the said Contractor and its Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITHNESS WHEREOF, the said (NAME OF CONTRACTOR) has caused these presents to be executed by (NAME OF CONTRACTOR1S AUTHORIZED SIGNER) and the sa id ( NAr1E OF SURETY) has caused these presents to be executed by its (ATTORNEY-IN FACT OR and the said (ATTORNEY-IN FACT OR OFFICIAL) OFFICIAL) day of 19 has hereunto set his hand this the SURETY PRINCIPAL By By ATTORNEY-IN-FACT ATTEST: SECRETARY By SURETY . ~ 2 of 2 "SAMPLE LETTER OF CREDIT" APPENVIX "B-7" THE BANK Texas AMOUNT NO DATE To: THE CITY OF COLLEYVILLE, TEXAS Gentlemen: We hereby authorize you to draw on the Bank, for any sum or sums not exceeding a total of , Texas, drafts at sight ($ ) for account of Drafts must be accompanied by Contractor's Payment Estimate approved by the City Engineer(s) of the City of Colleyville, Texas, such estimate being the City's acknowledgement that the work for which payment is made has been accomplished in accordance with the City-Developer Agreement dated Drafts must be drawn and negotiated not later than Each draft must state that it is "Drawn under Letter of Credit of the Bank, Texas, No. da ted ", and the amount endorsed on this letter of credit. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. Except so far as otherwise expressly stated, this credit is subject to the uniform customs and practice for commerical documentary credits fixed by the most recent Congress of the International Chamber of Commerce. Yours very truly, Authorized Signatures