[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.
[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, 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.
[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.
[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.
[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, 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]
c.
There shall be a hookup charge as set forth in the Comprehensive
Schedule of Fees and Charges for connection to the sewerage collection system.
[Ord. No. 17-02, 3-7-2017]
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.
[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.
[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.
[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.
[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.
[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.