City of Lake Lotawana, MO Article III Extending Sewer Lines

Section 700.410 Application To Extend Sewer.

[R.O. 2004 § 700.410; CC 1978 § 69.010; Ord. No. 700 § 4, 12-16-2003]

The owner (or association group of owners of property in the same general area) of a lot, tract, area or parcel of land within the City of Lake Lotawana, Missouri, may apply for connections to the City sewerage system by taking the steps set forth in this Article III, provided that before applying to the City for connection to sewage system, the City Engineer shall have determined the City sewage system has sufficient excess capacity to provide sewage service to the lot, tract, area or parcel of land for which connection to the City sewage system is requested.

Section 700.420 First Step — File Application — Contents.

[R.O. 2004 § 700.420; CC 1978 § 69.020]

A. The owner (or association group of owners of property in the same general area) of a lot, tract, area or parcel of land within the City shall file with the City Clerk an application to construct a sewer extension and deposit a preliminary filing fee as set forth in the Comprehensive Schedule of Fees and Charges,[1] which fee shall be retained by the City whether the plan is abandoned, approved or denied. If the sewer extension is constructed, the cost of the entire project shall be borne by the applicant. The application shall be in writing and submitted in duplicate and contain the following:

[Ord. No. 17-02, 3-7-2017]

1. A description of the property or properties which it is proposed to connect to the City sewerage system and the names and addresses of the owners thereof.

2. Two (2) copies of a preliminary plat, prepared by an engineer duly authorized by the State of Missouri to perform such work, drawn to scale showing the following information:

a. Location of present sewers and manholes.

b. A profile of proposed sewer line and the ground surface along the path under which pipes would be laid between the property to be served and the City's existing collection system.

c. The location of existing structures in route, underground utilities and property lines crossing the sewer line.

d. Such other pertinent information as the City may require.

3. A statement by applicant's engineer of the number of houses which ultimately could be served by said installation and that the proposed sewer line will conform to standards set by local and State authorities.

4. A description of the size and material of pipe lines and of any pumps that may be required.

5. An application will be processed only if it is signed and acknowledged by all of the owners of all of the land which it is proposed to have connected to the City sewerage system.

[1] Editor's Note: See § 100.230 of this Code.

Section 700.430 Second Step — Review Of Application.

[R.O. 2004 § 700.430; CC 1978 § 69.030]

A. As soon as practical after the filing of the application and the payment of the preliminary fee, the City shall have the City Director of Public Works, or other professionally qualified person whom the City shall select, examine the submitted application, plat and other accompanying material. The City reserves the right to require such charges, including charges in pipe size and material as it may consider necessary to meet its standards.

B. The City Director of Public Works, if he/she finds that the proposed installation is practical from both engineering and economic standpoints and that the existing City sewerage system in the area where the proposed installation is located meets the City's standards, shall notify the applicant of his/her findings. Whether or not the proposed sewer extension is approved or rejected is in the sole discretion of the City and the City's decision, made by its Director of Public Works, shall in all instances be final.

Section 700.440 Third Step — If Approved — Submit Plans And Specifications.

[R.O. 2004 § 700.440; CC 1978 § 69.040]

If the City Director of Public Works approves the application, the applicant shall submit to the City Director of Public Works, in triplicate, complete plans and specifications for the project, together with an estimate of cost, all prepared and certified by an engineer duly authorized by the State of Missouri to perform such work.

Section 700.450 Fourth Step — Contract Agreement.

[R.O. 2004 § 700.450; CC 1978 § 69.050; Ord. No. 355 § I, 5-19-1981; Ord. No. 560, 7-18-1995; Ord. No. 640 §§ 1 — 2, 11-21-2000; Ord. No. 670 § 2, 7-16-2002]

A. After the City has approved the plans and specifications and before a permit can be issued, the applicant shall enter into a contract agreement with the City wherein he/she covenants and agrees as follows:

1. The installation shall conform to said plans and specifications and shall be subject to inspection by the City as the work progresses.

2. Construction of the installation shall be undertaken not later than a specified date and carried through to completion in an expeditious and proper manner.

3. In the event the construction work is to be done by contract, the applicant shall, upon letting such contract or contracts, advise the City as to the total cost thereof.

4. The applicant shall be responsible for all damages, loss or injury to persons or property that may arise or be incurred in or during the progress of the work incident to said project without regard to whether or not the applicant, his/her agents, employees or contractors have been negligent, and that the City shall be, by the applicant, held and kept free and discharged of and from any and all responsibility and liability therefor of any sort or kind; that the applicant shall assume all responsibility for risks and casualties of every description; that the applicant shall make good any damage that may occur in consequence of the work or any part thereof, and shall assume all blame, loss and responsibility of whatsoever nature by reason of neglect or violation of any Federal, State, County or local laws, regulations and ordinances. All roads and property owned by others which are disturbed by said construction shall promptly be restored to their former condition.

5. The applicant will not commence work on this project until the contractor or owner has obtained all insurance required under this Article and such insurance has been approved by the City's Attorney; and the applicant will not allow any contractor or subcontractor to commence work on this project until all similar insurance has been obtained and approved. Required insurance shall include: Workmen's Compensation insurance for all employees employed at the site of the project; public liability insurance during the life of the contract agreement in an amount not less than one hundred fifty thousand dollars ($150,000.00) for injuries, including wrongful death, to any one (1) person, and subject to the same limit for each person, in an amount not less than five hundred thousand dollars ($500,000.00) on account of one (1) accident; and property damage insurance in an amount not less than fifty thousand dollars ($50,000.00) for damage as a result of any one (1) accident and in an amount not less than two hundred fifty thousand dollars ($250,000.00) as a result of all accidents.

6. This contract agreement shall continue in full force and effect until the project has been completed and turned over to and accepted by the City.

7. The ownership of the completed installation shall, upon acceptance by the City, become the property of the City.

8. All materials and/or equipment and work performed are guaranteed to be free of defects in material and workmanship, and further agrees to provide all maintenance, repairs or reconstruction of defective construction, material and/or workmanship, including all shrinkage or settlement or other faults arising therefrom at his/her own expense, promptly when notified in writing to do so by the City and to the satisfaction of the City Director of Public Works for a term of one (1) year from date of acceptance by the City. The guarantee shall be secured by a bond of a surety company acceptable to the City Attorney, in the amount of five percent (5%) of the estimated construction cost of work, for faithful performance of the guarantee.

9. Applicant recognizes that the City has the sole authority to make connections to the City sewerage system.

10. No connections either directly or indirectly to any sewer lines that may be constructed hereunder or to any part of the City sewerage system constructed prior or subsequent thereto will be permitted to bring service of the City sewerage system to any property outside the limits of the City of Lake Lotawana, Missouri, or to bring service of the City sewerage system to any property not specifically described in this application.

11. The City, however, may subsequently, with or without reimbursement to the applicant, allow connections to other property which can best be served by the lines which applicant asks to install or construct.

12. No connections to the City sewerage system will be made until completed work has been approved in writing by the City Director of Public Works and the applicant has paid to the City the applicable sums listed in Subsection (A)(12)(a), (b), and (c) below:

a. With reference to land in the sewer benefit district prior to July 18, 1995, and subject to square foot assessment, all due and unpaid square foot assessments with accrued interest thereon shall be paid in full, together with all unpaid sewer service charges.

b. With reference to land not in the sewer benefit district as of July 18, 1995, there shall be a square foot assessment in an amount as set forth in the Comprehensive Schedule of Fees and Charges,[1] which land shall, upon payment of the square foot assessment described herein, become part of the sewer benefit district.

[Ord. No. 17-02, 3-7-2017]

[1] Editor's Note: See § 100.230 of this Code.

c. There shall be a hookup charge as set forth in the Comprehensive Schedule of Fees and Charges[2] for connection to the sewerage collection system.

[Ord. No. 17-02, 3-7-2017]

[2] Editor's Note: See § 100.230 of this Code.

13. From and after a connection is made to the City sewerage system, the owners of said property shall pay the quarterly sewerage use fee paid by all users of the City sewerage system.

14. Simultaneously with the delivery of the executed contract agreement, applicant shall deliver to the City an executed performance bond in an amount of one hundred percent (100%) of the estimated cost of the project, including a contingency item, the amount of the bond to be satisfactory to the City's Attorney, conditioned upon the fulfillment of the contract agreement and upon payment of all persons supplying labor or furnishing materials on the construction of the work, and having as surety thereon such surety company or companies approved by the City's Attorney. In the event the applicant has the work done by contract and the contract price is greater than the estimated cost of the project, the amount of the performance bond shall be increased accordingly.

Section 700.460 Fifth Step — Permit Issuance.

[R.O. 2004 § 700.460; CC 1978 § 69.060; Ord. No. 427 §§ I — II, 9-16-1986]

Upon delivery to the City by the applicant of the executed contract agreement and performance bond, as hereinbefore provided, and upon payment of the prescribed fee, the City will issue the official permit for the installation of the project.

Section 700.470 Sixth Step — Installation — Inspection — Connection.

[R.O. 2004 § 700.470; CC 1978 § 69.070]

A. The holder of a permit hereunder shall notify the City of the actual installation of any sewer or other facilities covered by said permit at least twelve (12) hours prior to the covering up of such sewer or facility in order to permit inspection and testing thereof.

B. If the City Director of Public Works finds the work in conformance with the plans and specifications and acceptable, he/she shall so certify to the City Clerk. Thereafter, upon full payment of the sums set out in either Subsection (A)(12)(a) or (b) of Section 700.450 hereof, the City shall connect the said sewer line to the City sewerage system.

Section 700.480 Extension Of Sewer Lines To Undeveloped Areas, Etc.

[R.O. 2004 § 700.480; CC 1978 § 69.080; Ord. No. 700 § 5, 12-16-2003]

The City shall not defray the cost of extending sewer lines to any undeveloped or non-benefited or benefited area or any areas that may be annexed on or after November 1, 2001.

Section 700.490 Requests For Sewer Service Involving Extensions.

[R.O. 2004 § 700.490; CC 1978 § 69.090]

Any requests for sewer service, that involve extensions of the collection system, shall be reviewed and approved by the Board of Aldermen in the presence of the property owner making request and the Director of Public Works before the property owner makes a formal application to construct extension.

Section 700.500 Reimbursement Of Construction Costs To Property Owner — When.

[R.O. 2004 § 700.500; Ord. No. 355 § II, 5-19-1981]

A. Whenever a sewer extension, whose cost is borne by the property owner, should be connected to by another property owner, the property owner who bears the original cost of construction shall receive reimbursement from the City subject to the following conditions:

1. In no case shall the amount reimbursed be more than eighty-five percent (85%) of the original total cost to the constructor.

2. Reimbursement shall be made solely from monies collected from the parties wishing to connect to the original extension.

3. The cost of connecting to the extension shall be prorated upon the number of properties which the extension is capable of serving, including the property for which the extension was originally constructed.