Euless City Zoning Code
ARTICLE XII
PARTICIPATION AND ESCROW REQUIREMENTS
§ 84-500 Participation policies.
City’s share of improvement costs.
The city shall participate in the costs of public improvements which are not for the primary benefit of the development and which have been oversized to serve developments other than for which the plat has been submitted for approval and as required by the city, only to the extent and according to the standards stated in this article and pursuant to the procedures herein set forth and only if an improvement agreement is entered into between the city and owner as provided in these regulations which conforms to the requirements of Article 2368a Section 2c, Vernon’s Annotated Civil Statutes, as amended, and as later codified in the local government code.
Owner’s responsibility.
The property owner/developer shall be responsible for the entire costs of designing and installing all public improvements which primarily serve the subdivision or addition. Facilities required by these regulations, unless listed in section 84-501 shall be considered as primarily serving the subdivision or addition unless otherwise determined by the city.
The property owner/developer shall also be responsible for its share of the costs of oversized or off-site public improvements needed to assure adequacy of public facilities and services for the addition or subdivision, subject to participation and escrow policies contained in this article.
The property owner/developer shall be responsible for extending streets, water, sewer or drainage facilities off-site to the subject property as required by the commission and/or required to ensure adequacy of public facilities.
Should the subdivision or addition abut an existing water or sanitary sewer line installed by someone other than the city, the owner shall pay to the city a “developers liability” charge to be refunded to the original installer of the line, as prescribed in this article.
Should a lift station, either temporary or permanent, be necessary to provide a sanitary sewer service to the subdivision or addition, the property owner/developer shall construct the station and all appurtenances, at his own expense. If and when the lift station is no longer needed, the installation will, unless other provisions are made, remain the property of the city of euless for reuse or disposal. A “developers liability” charge for such lift stations and appurtenances may be established as prescribed in this article.
(Ordinance 1133, § 1(12-100), 3-22-94)
§ 84-501 Facilities eligible for city participation.
The city shall participate in the costs of installing public improvements according to the following schedule:
Total reimbursement from city.
The city shall reimburse the property owner/developer for 100 percent of the following costs:
Costs of paving streets and thoroughfares for the portion of the width of pavement exceeding 49 feet for internal streets and 33 feet (per side) for perimeter streets. Costs include those for pavement, soil stabilization and excavation.
Paving costs for streets and thoroughfares for that portion of the required paving thickness exceeding eight inches of concrete pavement.
Costs of that portion of grade-separated intersections which require paving in excess of 49 feet in width.
Costs of installing conduit for traffic signals along minor arterials or larger thoroughfares.
A portion of the costs of all water or sanitary sewer pipelines larger than 12 inches, subject to the provisions of this article. City participation shall be based upon the difference in cost between a standard 12-inch diameter pipeline and the size pipeline actually installed, including embedment, manholes, special fittings and other appurtenances necessary for complete sanitary sewer pipeline installation.
Reimbursement from city at 25 percent.
The city shall reimburse the property owner/developer 25 percent of the following costs:
Drainage structures, crossing streets associated with residential developments, with an opening larger than that of a double 72-inch pipe culvert. The cost of the structure shall be based on a standard, basic culvert or bridge including rip-rap, if required by the city engineer, for erosion control.
That portion of storm sewers, for residential developments, exceeding 72 inches in diameter.
Reimbursement from city at ten percent.
The city shall reimburse the property owner/developer ten percent of the following costs:
Drainage structures, crossing streets associated with nonresidential developments, with an opening larger than that of a double 72-inch pipe culvert. The cost of the structure shall be based on a standard, basic culvert or bridge including rip-rap, if needed, for erosion control.
That portion of storm sewers, for nonresidential developments, exceeding double 72 inches in diameter.
(Ordinance 1133, § 1(12-200), 3-22-94)
§ 84-502 Limitation and exceptions.
Notwithstanding section 84-501, the city shall not participate in the following costs:
Those portions of the costs of any public improvements not expressly described in section 84-501.
Costs of clearing and grubbing for streets and thoroughfares.
Costs of constructing streets built wider than called for in the thoroughfare plan.
Costs of lights, traffic-control devices, decorative finishes or other similar expenses, unless required by the city engineer.
Costs of pipe headwalls, regardless of pipe size, or the costs of retention/detention ponds or slope protection, except rip-rap under a bridge.
When reimbursing the property owner/developer pursuant to this article, the city of euless shall pay a maximum of six percent of the city’s participation cost for engineering fees, which includes surveying, construction staking and supervision, and the city shall not be responsible for any other incidental expenses or costs.
(Ordinance 1133, § 1(12-300), 3-22-94)
§ 84-503 Procedures for city participation.
Definitions.
For purpose of article XII, the following terms shall have the following meanings:
Contiguity
means that the reimbursable improvements are within the boundaries of, or abutting the perimeter of, a developed subdivision or addition.
Developed subdivision or addition
means property for which a final plat has been filed for record in the county in which the property is located, and the public improvements required by the city have been installed by the property owner/developer and have been accepted by the city.
Application for participation.
In order to initiate a reimbursement request, the owner must establish a front foot oversize cost for the reimbursable public improvements. Requests for reimbursement to the owner of cost of oversize paving, drainage, water and sanitary sewer mains shall include the owner’s name and mailing address. The request must include as-built drawings showing the reimbursable items, a copy of the contractor’s bid for construction, final payment with quantities and unit costs, oversize calculations for all reimbursement items, and a project location map.
Precondition to processing request.
Participation requests will be processed after the public improvements are accepted by the city. Reimbursement requests for on-site oversizing will be processed in the order of their receipt and subject to city council approval as appropriate. Requests exceeding funds available shall be scheduled for payment as a part of the next year’s capital improvements program, subject to available funding. However, all oversize participation shall be refunded no later than five years following the date of final acceptance of the public infrastructure improvements. In the case of off-site public improvements, participation will be processed after a development is accepted which contains or abuts the off-site improvements. All participation will be made in accordance with section 84-503(d).
City engineer determination.
The city engineer shall determine the city’s participation in the cost of public improvements, in accordance with the criteria in section 84-500 through 84-502. Payments shall be allocated to a development on a front foot basis and shall be made as follows:
As property is platted and developed adjacent to the off-site public infrastructure improvements, the city will reimburse oversize costs for that portion contiguous to the property. Oversize costs will be reimbursed to the initial developer after final acceptance by the city of the public improvements. Oversize reimbursement will not be made with filing of a conveyance plat.
Reimbursement funds for the city’s share of the public infrastructure improvements will be as scheduled in the annual capital improvements program. However, all oversize participation shall be refunded no later than five years following the date of final acceptance of the public infrastructure improvements.
Funding.
The city will annually prepare a capital improvement program, a component of which will generally identify funds for payment of oversize participation. Funds will be designated individually from the appropriate source for both street and drainage and water and wastewater projects. Requests in excess of available funding will be deferred for future allocations.
(Ordinance 1133, § 1(12-400), 3-22-94)
§ 84-504 Escrow policies and procedures.
Deposit with city.
Whenever the city agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner/developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the city. Such amount shall be paid prior to release of construction plans. In lieu of such payment at such time, the city may permit the property owner/developer to contract with the city and shall agree in such contract that no building construction shall commence on any lot included within said plat, or increment thereof, until the full amount of the escrow is paid, or a pro rata part thereof for the full increment if developed incrementally. The obligations and responsibilities of the property owner/developer shall become those of property owner/developer’s transferees, successors and assigns; and the liability therefor shall be joint and several.
Determination of escrow amount.
The amount of the escrow shall be determined by using the average of the comparable bids awarded by the city in the preceding six months or, if none exist, then in the preceding year or, if none exists current market value of construction as determined by an estimate by the city engineer. Such determination shall be made as of the time the escrow is due here under.
Refund.
If any street or roadway for which escrow is deposited for, is constructed, or is reconstructed by another governmental authority at no cost to the city, the escrowed funds and accrued interest shall be refunded to the property owner/developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the city and the other portion of the cost by another governmental authority, the difference between the owner’s actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.
Interest limitation.
If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent less than the rate of actual earnings.
(Ordinance 1133, § 1(12-500), 3-22-94; Ordinance 1234, § 1, 5-27-97)
§ 84-505 Payment of fees, charges, and assessments.
As a condition of plat approval, the property owner/developer shall pay all fees, charges and assessments required to assure adequacy of public facilities to the subdivision or addition, as may be imposed under these or other regulations of the city.
(Ordinance 1133, § 1(12-600), 3-22-94)