[CC 1979 §30-201; Ord. No. 88-31 Art. I §1, 7-5-1988]
The following words or terms, as used in this Article, shall
be defined and construed as follows as this Article pertains to water
line [main] extensions:
Includes any person, firm, corporation, Government subdivision,
or other association of persons who shall make application for the
City to extend any water main, and also any person, firm, corporation
or other association of persons who shall make application to the
City to tap any main or extension thereto and become a user.
Only that portion of pipe between the meter and the user's
building or other use that is used for delivery of water.
The extension to any existing water main for the use of a
single user and to which no other taps or service lines are to be
connected.
Shall include only the coupler by which the service line
shall be attached to the water main.
Includes any person, firm, corporation or other association
of persons receiving water from and through the City Water System
for personal, domestic or industrial use.
To include all pipes of whatever construction heretofore
or hereafter constructed and through which the City shall furnish
water to the taps and service lines of users, but shall not include
taps and service lines.
[CC 1979 §30-202; Ord. No. 88-31 Art. II §1, 7-5-1988]
The following words or terms, as used in this Article, shall
be defined and construed as follows as this Article pertains to sewer
main extensions:
Includes any person, firm, corporation or other association
of persons who shall make application for the City to extend any sewer
main, and also any person, firm, corporation or other association
of persons who shall make application to the City to tap any main
or extension thereto and become a user.
Only that portion of pipe between the tap and the point of
discharge of the sewage.
To include all pipes of whatever construction heretofore
or hereafter constructed and through which the City shall receive
sewage from users.
The extension to any existing sewer main for the use of a
single user and to which no other service lines are to be connected.
Shall include only the coupler by which the service line
shall be attached to the sewer main.
Includes any person, firm, corporation or other association
of persons discharging sewage through the City Sewer System for personal,
domestic or industrial use from any property owned by any user.
[CC 1979 §30-203; Ord. No. 88-31 Art. II §2, 7-5-1988]
The provisions of this Article shall be considered a part of all contracts between any applicant or user and the City providing for the extension of water mains and sewer mains. Regardless of whether or not the City repeals or amends this Article, the City will be bound to administer the recoupment provisions and procedures stated herein for any projects which have been approved by the City Council as set out in Section 715.100, Subsections (D and F).
[CC 1979 §30-204; Ord. No. 88-31 Art. VII §1, 7-5-1988]
No service lines shall be connected to any water or sewer line
extension until the water or sewer line extension shall be totally
completed and accepted by the City.
[CC 1979 §30-205; Ord. No. 88-31 Art. VII §2, 7-5-1988]
In the event that the applicant, if he/she elected to do the
work himself, has not totally completed the extension within two (2)
years of the City Council's granting the application, then the City
Council reserves the right to withdraw the City from participation
in the project. For good cause, the City Council can extend the two-year
deadline without affecting the right to withdraw the City from participation.
[CC 1979 §30-206; Ord. No. 88-31 Art. VII §3, 7-5-1988]
The City will use a good faith effort to secure Federal or State
Funds to extend water or sewer lines whenever such funds are available.
In the event such funding is available, then such funds shall reduce,
dollar for dollar, the recoupable expense of the project.
[CC 1979 §30-207; Ord. No. 88-31 Art. VII §4, 7-5-1988]
All construction of sewer or water main extensions shall be
done in compliance with all City ordinances, City Building Codes and
in compliance with all State and Federal laws.
[CC 1979 §30-208; Ord. No. 88-31 Art. VII §5, 7-5-1988]
If the City, in reviewing the plans and specifications, decides that a larger main than that specified in the plans and specifications is desirable, then the City can require the larger main but will be responsible for the increased cost. This increased cost paid by the City shall be part of the recoupable cost of the project and the City shall receive, pro rata, any money received under this Article from subsequent users, in addition to the ten percent (10%) administrative fee set out in Subsection 715.120(D).
[CC 1979 §30-209; Ord. No. 88-31 Art. IV §§1, 2, 7-5-1988]
A.
All
easements necessary to complete any water or sewer main extension
shall be fifteen (15) feet in width, be in favor of the City and be
obtained prior to making application to the City for recoupment of
the extension. All water mains and sewer mains shall be the property
of the City but service lines shall be the property of the individual
property owners where located.
B.
The
cost of obtaining and recording all necessary easements shall be borne
by the applicant for the water or sewer line extension under this
Article but shall, for purposes of recoupment, be added to the total
cost of the project and shall be subject to recoupment.
[CC 1979 §30-216; Ord. No. 88-31 Art. III §§1 — 7, 7-5-1988; Ord. No. 98-21 §1, 7-7-1998]
A.
Application Not Mandatory. No person desiring to extend
a water main or a sewer main shall be obligated to make application
under this recoupment Article. Any person can extend a water main
or a sewer main by complying with the applicable Building Codes and
paying the entire cost of such extension without the possibility of
recoupment provided by this Article.
B.
Portion Subject to Recoupment — Manner of Application. That portion of a water or sewer main extension which shall be subject
to recoupment goes from the existing water or sewer main to the property
line of the applicant. Any portion of a water or sewer main extension
that is within the applicant's property is not subject to recoupment.
Any applicant desiring to extend any existing water main or sewer
main and desiring the benefits and obligations of this recoupment
Article shall make written application therefor to the Director of
Public Works. Such application shall require the approval of the City
Council. Such application shall state the name and address of the
applicant and the use of such water or sewer extension to be served
through such extension. Said application shall be accompanied by a
plat of the addition, subdivision or lot to be served, the plans and
specifications for such extensions along with the bid specifications,
contract documents, and project cost estimates prepared by a Missouri
registered professional engineer, which plans shall have been approved
by the State Board of Health, when required, and a filing fee of two
hundred dollars ($200.00) which is to be non-refundable. All costs
incurred in making the application shall be borne by the applicant
and are not subject to recoupment.
C.
Estimate of Costs. Upon receipt of such application and
initial deposit, the Director of Public Works shall notify the City
Manager, stating the location and extent of the proposed extension.
The Director of Public Works shall forthwith review the estimate of
the cost of the proposed extension submitted by the applicant and
submit his/her written report, of the same to the City Manager. The
Director of Public Works shall thereupon notify the applicant, stating
the amount of the Director of Public Works' estimate.
D.
Bidding. Prior to issuing any contract the applicant will
issue a bid call using the normal bidding procedure, three (3) written
sealed bids preferable. The applicant shall be allowed to bid on the
job. Whether or not the applicant bids, the applicant may perform
the work called for at the low bid price by notifying the Director
of Public Works of the same within three (3) days of the bid openings.
E.
Payment of Costs. In the event that the applicant is not
the low bidder and the applicant does not elect to perform the work
as set out above, the applicant shall, within fourteen (14) days of
the bid opening, notify the City and furnish the City a signed contract
with the low bidder. In the event the applicant shall fail to enter
into the contract as stated above, the application shall be denied.
Applicant will be fully responsible to pay all costs associated with
the project.
F.
Approval, Contract. If the Council shall find that the proposed
extension is not contrary to the public interest, it shall by ordinance
direct that the application be granted. Such ordinance shall further
state the manner in which the construction of the proposed water or
sewer main extension is to be done, and approve a contract between
the City, a private contractor approved by City and the applicant,
for the construction of such extension.
G.
Bond, Warranty. The City Council reserves the right to impose
a performance bond requirement or seek the security of a satisfactory
financial instrument before giving final approval to a recoupment
project. In addition, the successful bidder, or applicant if he/she
opts to do the work, shall warrant the work done against defects in
materials or workmanship for a period of one year after acceptance
by City.
[1]
Editor's Note — Ord. no. 98-21 §2, enacted July
7, 1998, repealed section 715.110 without any provisions for replacement.
Former said section derived from CC 1979 §30-217 and ord. no.
88-31 Art. V, 7-5-1988. We have left the section reserved for the
city's future use.
[CC 1979 §30-218; Ord. No. 88-31 Art. VI §§1 — 6, 7-5-1988; Ord. No. 98-21 §3, 7-7-1998]
A.
Pro Rata Utility Fund. The City shall keep a ledger account
of all funds on deposit in the Pro Rata Utility Fund, showing the
amount paid into the Fund as a result of each water or sewer main
extension, and the applicant making such payment, and all payments
made therefrom.
B.
Tap-On Fee. No person, firm or entity may make a service
tap on or connect to a water or sewer main extension made under the
provisions of this Article for fifteen (15) years after final approval
of the project by the City, until after first making payment to the
City to the Pro Rata Utility Fund a tap-on fee of five cents ($0.05)
per square foot of the property to be served or five hundred dollars
($500.00) per connection, whichever is greater.
C.
Main Connection Fee. No person, firm or entity shall connect
a water or sewer main to a water or sewer main extension made under
provisions of this Article for fifteen (15) years after final approval
of the project by the City, until after first making payment to the
City to the Pro Rata Utility Fund in an amount equal to twenty-five
percent (25%) of the recoupable cost of such project, to the point
of connection.
D.
Reimbursement to Applicant. Ninety percent (90%) of the money paid to the City under Subsection (B) above shall be returned to the applicant within forty-five (45) days of such payment, and ten percent (10%) retained by the City as administrative rates, until fifteen (15) years from acceptance of the project by the City, providing that more than fifty percent (50%) of the construction cost of the sewer or water line has been paid. If less than fifty percent (50%) of the cost of the sewer or water line extension construction cost has been paid within fifteen (15) years from the date of acceptance by the City then the fifteen-year period for the tap-on fee provided for in Subsection (B) shall be extended for another five-year period and thereafter terminate. No applicant shall receive more than ninety percent (90%) of the total construction cost, which shall not include surveying or engineering costs, by way of recoupment.
E.
Limitation on Charges. In the event any charge provided for in Subsection (B) or (C) of this Section cause the money paid into the Pro Rata Utility Fund to exceed one hundred percent (100%) of the cost of such project, then said charge shall only be that amount which is necessary to make the money paid into the Fund equal to one hundred percent (100%) of the cost of the project.
F.
Charge Additional. The charges provided for in this Article
shall be in addition to all other charges of the City for hooking
on to water and sewer lines.
[Ord. No. 98-20 §1, 7-7-1998]
The City may elect to install water or sewer mains, and place
such mains under recoupment. A plat must first be approved by the
City Public Works Department, the State of Missouri, and the Neosho
City Council. The estimated cost of the main must be approved by the
Utilities Superintendent or Director of Public Works, and the Neosho
City Council. A service connection fee will be charged based on cost
and number of connections available to each line extension. This fee
may be paid in full prior to connection at cost, or in equal monthly
payments for a period of ten (10) years. The monthly payment schedule
will include a five percent (5%) annual fee and will be billed on
the water bill for each service location making connection. A contract
stating the terms of connection must be completed prior to connection.
Connection fees will be subject to all service disconnect ordinances
of the City of Neosho. Fees will be collected for a maximum period
of twenty (20) years or until the original cost has been reimbursed.
A record of all fees paid into the City under such recoupment will
be maintained by the City. Any main extension connecting to City recoupment
lines will be charged a twenty-five percent (25%) reimbursement fee
based on cost from the point of origin of the City extension to the
point of connection.
