§ 23-66. Sewer.

(a)

Sanitary sewer system required. All subdivisions within the planning area shall be provided with an approved sanitary sewer disposal system. The sanitary sewer collection system shall be designed in accordance with the master development plan and the Eagle Pass Waterworks and Sewer System Design Standards and Construction Specifications Manual, as adopted and amended. Connection with the sanitary sewer system shall be required, except where the city manager determines that such connection will require unreasonable expenditure when compared with other methods of sewage disposal. Prior to formal application for plat approval, such cost estimate of the sanitary sewer system versus other proposed methods of disposal shall be submitted to the city manager by the subdivider. If a sanitary sewer disposal system is to be installed, the plans for such system must be approved by the TCEQ and such approval submitted to the commission in writing by the subdivider prior to approval of the final plat by the commission.

(b)

Reserved.

(c)

Extension for developer customer.

(1)

In the event a subdivider desires an extension of sewer mains to serve his subdivision, the subdivider shall bear the entire cost of all on-site sewer mains. The size of the on-site sewer mains to be installed shall be determined by the superintendent of the sewer division of the department of public works, taking into consideration the requirements of adjacent areas of future growth which may be served by such sewer mains. The decision of the superintendent concerning the size of the required mains shall be final.

(2)

The construction of on-site sewer mains shall be in accordance with plans and specifications approved by the superintendent of the sewer division of the department of public works, and the use of magnetic tape shall be mandatory. All such construction work shall be subject to inspection by representatives of the city, and no portion of any sewer main installed in any excavation shall be covered unless and until the construction of such portion shall have been inspected and approved in writing by a representative of the city.

(3)

The construction of on-site mains in accordance with plans and specifications approved by the city council in writing shall be done by a contractor of subdivider's choice; provided, however, that such contractor shall furnish a performance bond, in an amount equal to the total construction cost. Said guarantee shall run in favor of the city or in favor of the city and the subdivider, and shall be conditioned upon:

a.

Completion of the entire construction in full conformity with the plans and specifications approved by the city council;

b.

Maintenance of such construction for a period of ninety (90) days after acceptance thereof by the city council; and

c.

Payment in full by the contractor of all claims for labor performed, or materials furnished, in connection with such construction.

All such construction work shall be subject to inspection by representatives of the city, and no portion of any main installed in any excavation shall be covered unless and until the construction of such portion shall have been inspected and approved by a representative of the city.

(4)

The city reserves the option of requiring all on-site sewage flows generated by any subdivision, or part thereof, to be delivered to a single location for off-site disposal.

(5)

Additionally, should either or both a lift station or force main pressure system be required to utilize a provided off-site sewer service location, such lift station or force main pressure system shall be installed at the subdivider's sole cost and expense.

(6)

No letter of acceptance shall be issued, nor any connection to city sewer mains be permitted, until the off-site sewer service system to serve said subdivision or part thereof has been completed and is functional, and until all stubouts are permanently marked at the curb and two (2) complete sets of as-built plans have been filed with the city manager.

(7)

Should the superintendent of the sewer division of the department of public works require the installation of on-site sewer mains of a larger diameter than necessary to provide adequate sewer service to the subdivider's subdivision, said oversized on-site sewer mains shall be constructed at the expense of the subdivider and in accordance with plans and specifications prepared by the subdivider's engineer. Such plans and specifications shall be prepared in accordance with the city standards and written approval of such plans by the superintendent shall be required prior to a subdivider's advertising for and/or awarding of bids.

(d)

Off-site sewer mains.

(1)

The subdivider shall also bear the entire cost of the construction and installation of all off-site sewer mains, lift stations, and force main systems deemed necessary by the superintendent to adequately serve the subdivision. Said off-site sewer mains, lift stations, and force main systems shall be constructed in accordance with plans and specifications prepared by subdivider's engineer. Such plans and specifications shall be approved in writing by the superintendent, and all installations shall be subject to inspection by representatives of the city.

(2)

Where a lift station is required to be constructed by the city to accommodate off-site flow, the subdivider shall provide paved access facilities, power supply, and an approved storage reservoir for such lift station at the subdivider's sole cost and expense. In addition, said lift station shall be constructed only according to city specifications.

(3)

No alteration to, nor deviation from, the original plans and specifications approved by the city for off-site sewer mains, lift stations and force mains systems shall be permitted without approval from the city council prior to the initiation of construction of same.

(e)

Mains to be city property.

(1)

All sewer mains constructed or installed pursuant to the provisions of this article shall, when completed and accepted by the city, become the property of the city, free and clear of encumbrances. Each and every contract entered into between a developer and a contractor for the installation of sewer mains pursuant to the provisions of this article shall cite therein the provisions of this section.

(f)

Where mains may be laid. No sewer main shall be installed except within a public street or alley, or within an easement or right-of-way granted to the city by appropriate written document filed for record with the County Clerk of Maverick County at the expense of the person requesting the extension and/or expansion of existing sewer mains.

(g)

Easements. Where due to any of the provisions of this section, it is necessary to provide a lift station as part of the sewer service to a subdivision development or any part thereof, all portions of such lift stations, including access roads thereto, shall be on public property or within an easement or right-of-way secured by the subdivider and granted to the city for such purposes and evidenced by an appropriate written instrument suitable for filing with the county clerk. However, it is expressly precluded from being the responsibility of the subdivider to provide any interest in land for any off-street sewer mains or facilities other than those required pursuant to this chapter.

(h)

City not obligated to proceed. In no event shall the city be obligated to proceed under the terms of this article if sufficient funds are not available or if, in the opinion of the planning and zoning commission, the city council and/or the superintendent, the extension is not in the public interest. Nothing in this article shall be construed as a surrender by the city of its control over the streets, alleys, public ways or public easements. The decision of the superintendent shall be final in determination of line size and the approval of plans and specifications.

(i)

Plat approval required. The city shall not sell or supply sewer service within a subdivision for which a final plat has not been approved and filed for record, nor when the standards contained in this chapter, or referred to in this chapter, have not been complied with in full.

(j)

No vested rights. No person shall acquire any vested rights under the provisions of this article.

(k)

Organized sewerage facilities. Subdividers who propose the development of an organized wastewater collection and treatment system must obtain a permit to dispose of wastes from the TCEQ in accordance with 30 TAC Chapter 305 and obtain approval of engineering planning materials for such systems under Section 30 TAC Chapter 317 from the TCEQ.

(l)

Existing sewerage facilities. Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement in substantially the form attached in Exhibit "10" with the retail public utility. The agreement must provide that the retail public utility has or will have the ability to treat the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years. The agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is available to each lot upon completion of construction of the wastewater facilities described on the final plat. Engineering plans for the proposed wastewater collection lines must comply with Section 30 TAC Chapter 317. Figure: 31 TAC § 364.33(a)(2)

(m)

On-site sewerage facilities.

(1)

On-site facilities which serve single-family or multi-family residential dwellings with anticipated wastewater generations of no greater than five thousand (5,000) gallons per day must comply with 30 TAC Chapter 285.

(2)

Proposals for sewerage facilities for the disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must comply with Section 30 TAC Chapter 317.

(3)

The TCEQ or its authorized agent shall review proposal for on-site sewage disposal systems and make inspections of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code, Chapter 366 and rules in 30 TAC Chapter 285, and in particular §§ 285.4, 285.5 and 285.30—285.39. In addition to the unsatisfactory on-site disposal systems listed in 30 TAC § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules.

(Ord. No. 05-22, § 1, 8-2-2005; Ord. No. 2012-25, § 4, 9-11-2012; Ord. No. 2018-13, § 3(Exh. 3), 4-17-2018; Ord. No. 2019-02, § 1, 1-16-2019)

Editor's note

The exhibit adopted by reference in § 23-66 above has not been included herein, but is on file for inspection in the office of the city secretary.