§ 23-67. Water supply and distribution.

(a)

Water service and fees.

(1)

All subdivisions within the City of Eagle Pass and its extraterritorial jurisdiction shall be provided with water supply and water distribution systems approved by the TCEQ and the City of Eagle Pass Water Works System.

(2)

Water service and fees. The establishment of a residential development with two (2) or more lots of five (5) acres or less where the water supply and sewer services do not meet the minimum standards of this section is prohibited. A subdivision with two (2) or more lots of five (5) acres or less is presumed to be a residential development unless the land is restricted to non residential use on the final plat and all deeds and contract for deeds.

(3)

Connection with the water system of the City of Eagle Pass shall be required for all subdivisions within the planning area. If a separate water system is to be installed, the developer shall submit plans for such system to the city manager and the general manager of the Eagle Pass Water Works System and such plans must be approved by the appropriate state and federal agencies prior to approval of the final plat by the commission.

(4)

Water supply and distribution systems shall be installed in accordance with the Eagle Pass Waterworks and Sewer System Design Standards and Construction Specifications Manual, as adopted and amended. A copy of said manual is hereby adopted and incorporated as Exhibit "8" and shall be placed on permanent file in the office of the city secretary as a public record and shall from the effective date govern the service, installation and extension of water system as set out therein. The manual is hereby adopted as a part of the rules and regulations pertaining to subdivisions and platting in the territory within the city limits and within its extraterritorial jurisdiction. Plans, specifications and utility layouts for water supply and distribution shall be submitted to the general manager of the Eagle Pass Water Works System for approval. No water supply and distribution improvements shall be constructed by the subdivider until the preliminary plat has been approved and the plans and specifications have been approved by the general manager of the water works system. Construction of such improvements shall be subject to inspection by said general manager of the water works system to ensure compliance with and adherence to the improved plans and specifications.

(5)

Exception of certain subdivisions. No water supply and distribution system is required for subdivisions which meet all of the following four (4) conditions:

a.

The subdivision lies outside the city limits.

b.

The subdivision lies outside the area included within the water works board of trustees of Eagle Pass' Master Plan for water system improvements in effect at the time.

c.

The subdivision contains lots each of which consists of two (2) acres or more.

d.

A potable groundwater supply which will meet United States Public Health Service drinking water standards underlies each lot and such water is sufficient in quantity to furnish the domestic water needs of the improvements to be constructed on the individual lots within the subdivision.

(6)

Any subdivider platting a subdivision which is to be served by the city's water system shall pay, prior to plat recordation, the water rights subscription fee of three hundred dollars ($300.00) per living unit equivalent, as such phrase is defined in section 23-5 hereof. In addition, the subdivider shall be required to pay for all water meters associated with the subdivision.

(7)

The fees above provided for are to be water right subscription fees to enable the city's water system to defray its costs and such fees shall be in addition to any fees or costs imposed by the terms of any other ordinance of the city or any other requirement of the city water works system.

(8)

The Eagle Pass Waterworks and Sewer System Design Standards and Construction Specifications Manual, as adopted and amended is hereby adopted as part of the City of Eagle Pass Planning Area Subdivision Ordinance and is on file in the city secretary's office.

(9)

Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the retail public utility in substantially the form attached as Exhibit "9". The agreement must provide that the retail public utility has or will have the ability to supply 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 water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that the service is available to each lot upon completion of construction of the water facilities described on the final plat.

(10)

Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a certificate of convenience and necessity (CCN) from the TCEQ. The public water system, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 30 TAC §§ 290.38—290.51 and §§ 290.101—290-120. If groundwater is to be the source of the water supply, the subdivider shall have prepared and provide a copy of a groundwater availability study which shall include an analysis of the long term (thirty (30) years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision. If surface water is the source of supply, the subdivider shall provide evidence that sufficient water rights have been obtained and dedicated, either through acquisition or wholesale water supply agreement, that will provide a sufficient supply to serve the needs of the subdivision for a term of not less that thirty (30) years.

(11)

Non-public water systems. Where individual wells or other non-public water systems are proposed for the supply of drinking water to residential establishments, a test well or wells located so as to be representative of the quantity and quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The subdivider shall have prepared and provide a copy of a groundwater availability study which shall include an analysis of long term (thirty (30) years) quantity of the available groundwater supplies relative to the ultimate needs of the subdivision. The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC §§ 290.103, 290.105, 290.106, and 290.110, either:

a.

Without any treatment to the water; or

b.

With treatment by an identified and commercially available water treatment system.

(12)

Transportation of potable water. The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to negligence of the subdivider does not constitute an emergency.

(b)

On-site water mains.

(1)

In the event a developer desires the extension of water mains to serve its subdivision, the subdivider shall bear the entire cost of all construction and installation of all on site water mains and appurtances. All main extensions (W) shall reach the last boundary (B) of the last property to be served (P). In the event the last property is a comer lot, the main water line (W) shall be extended to point (C). The size of the on-site water mains to be installed shall be determined by the hydraulic analysis done by the developer's engineer and submitted to the Eagle Pass Water Works System (EPWWS), taking into consideration the requirements for adjacent areas of future grov.th which may be served by such mains. The final decision concerning the required infrastructure shall be made by the general manager of the EPWWS.

(2)

On-site water mains shall be constructed in accordance with plans and specifications approved in writing by the general manager of the city water works system, and no portion of any water main installed in any excavation shall be covered unless and until the construction of such portion shall have been inspected and approved in writing submitted to the subdivider by a representative of the city and the general manager of the water works system.

(3)

Should the general manager of the water works system require the installation of on-site mains of a larger diameter than necessary to provide adequate water service to the subdivider's subdivision, said oversize water mains shall be constructed at the expense of the subdivider, and in accordance with plans and specifications prepared in accordance with city standards and approved by the general manager of the city water works system.

(c)

Off-site mains.

(1)

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

(2)

The subdivider shall also bear the entire cost of all off-site watermains deemed necessary by the general manager of the water works system to adequately serve the subdivision. Said off-site water mains shall be constructed in accordance with the plans and specifications approved by the general manager, and all installations shall be subject to inspection by representatives of the city and by the general manager of the water works system and to written approval to be submitted to the subdivider.

(d)

Alterations to plans and specifications for water service.

(1)

No alteration to, nor deviation from the original plans and specifications approved by the general manager of the city water works system shall be permitted without written authorization from said agent prior to the initiation of construction.

(2)

No water main shall be installed or constructed 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 subdivider requesting the expansion of existing mains.

(e)

Mains to be city property. All water 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 all encumbrances. Each and every contract entered into between a subdivider and a contractor for the installation of water mains, pursuant to the provisions of this article, shall cite therein the provisions of this section.

(f)

City's obligation to proceed. In no event shall the city be obligated to proceed under the terms of this article if, in the opinion of the planning and zoning commission, the City Council, and/or the General Manager of the City of Eagle Pass Water Works System, 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 general manager of the city's water works system shall be final in determination of water line size and the approval of plans specifications.

(g)

Construction of water mains and fire hydrants.

(1)

Construction of water mains shall be coordinated by the subdivider with the Water and Wasterwater Department of the City of Eagle Pass.

(2)

Standard fire hydrants shall be installed as part of the water distribution system per specifications of the Fire Chief of the City of Eagle Pass, the state board of insurance, and the City of Eagle Pass Water Works System. Fire hydrants shall be spaced no further than five hundred (500) feet apart in residential areas and three hundred (300) feet apart in non-residential areas. The area in front of each hydrant shall be designated as a fire lane and painted accordingly.

(h)

Plat approval required. The city shall not sell or supply any water or 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.

(i)

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

(Ord. No. 05-22, § 1, 8-2-2005; Ord. No. 2012-25, § 5, 9-11-2012; Ord. No. 2018-10, § 2, 4-10-2018; Ord. No. 2019-02, § 1, 1-16-2019)

Editor's note

The exhibits adopted by reference in § 23-67 above have not been included herein, but are on file for inspection in the office of the city secretary.