As used in this division, the following terms shall have the
respective meanings ascribed to them:
A sanitary sewer lift station built for serving a specific
development, which can also serve property not included in the development
but adjacent to it that may develop in the future.
A sewer installed in a street bounding a development or faced
on only one side by a development, which can also serve property not
included in the development on the opposite side of the street.
A water line, installed in a street bounding a development
or faced on only one side by a development, which can also serve property
not included in the development on the opposite side of the street.
The water utilities department of the city.
A subdivision, as defined in the city’s subdivision
regulations.
The director of the water utilities department or his appointed
representative.
A professional engineer licensed by the state.
Land occupied or intended for occupancy by a main building
together with its accessory buildings, and the yard and parking spaces
required, and having its principal frontage upon a street as defined
herein.
Owner’s front footage, for purposes of determining
pro rata charges to be paid by the owner of a lot for sewer service
or water service and for which there will be no reimbursement, shall
be determined by the owner’s lot condition, as follows:
Regular lot.
A lot generally rectangular in shape. Front footage of a
regular lot shall be measured along the property line facing the street.
Irregular lot.
Any lot of a nonrectangular shape, except the radial lot
defined below. The front footage of an irregular lot shall be equal
to one front foot for each one hundred twenty-five (125) square feet
of lot area, but shall never exceed the maximum measured width of
the lot at any depth of the lot, parallel to the street line.
Radial lot.
A lot abutting a curved street and in general having sides
which are radial to the street. Front footage of a radial lot shall
be measured as the chord distance at a point twenty-five (25) feet
from the front property line.
Corner lot.
A lot situated on the corner of a block and having more than
one side facing a street. Front footage shall be measured along the
side of the lot to which service connection is made.
The charge per front foot of abutting land to be paid by
the lot owner or owner of a development to aid in defraying the cost
of supplying sewer service or water service (as the case may be) to
their lot or site. The amount of the charge will be determined by
the department.
Single pro rata.
The charge based on the front footage of abutting land on
only one side of the street or easement.
Double pro rata.
The charge based on the front footage of abutting land on
both sides of the street or easement.
A public thoroughfare which has been dedicated or deeded
to the public for public use, which has been officially approved by
the governing body of the city, and which affords the principal means
of access to property abutting it.
(1958 Code, sec. 40A-2; 1978 Code,
sec. 28-80; Ordinance 08-040, sec.
31, adopted 5/13/08; Ordinance
09-065, sec. 1, adopted 11/17/09)
The purpose of this article is to establish a policy for the
city for extending sanitary sewer and water lines and for the sewer
and water service connections to such extensions, and to establish
rules governing such extensions and connections. The article also
establishes rules governing the construction of sanitary sewer lift
stations. It is not the intention of this article to obligate, and
the city shall not be obligated to participate in or proceed with
any construction covered by this article when funds are not available
or when, in the discretion of the director of water utilities, the
construction is not practical. It is not the intention of this article
to limit the right of the city to extend sanitary sewer or water lines
at its own cost and collect the charges herein set forth from the
applicants for sewer or water service, and such right is herein reserved.
The city shall own all sewer lines, water lines, and sanitary sewer
lift stations, including service connections, constructed and accepted
under the terms of this article.
(1958 Code, sec. 40A-1; 1978 Code,
sec. 28-81; Ordinance 08-040, sec.
32, adopted 5/13/08; Ordinance
09-065, sec. 2, adopted 11/17/09)
Sanitary sewer lines or water lines will be extended in the
city in accordance with the following rules:
(1)
Individual lots.
Sanitary sewers and water lines of
proper size will be extended by the city in its easements and streets
to serve individual lots, according to the following rules:
(A)
For the first three hundred (300) feet of the extension (not including
the width of street intersections and alleys), the lot owner requesting
extension shall pay single pro rata for the distance of the extension.
This pro rata is reimbursable as hereinafter provided, except for
the pro rata paid on the owner’s front footage.
(B)
For the remainder of the extension required to install the sewer
or water line across the total width of the lot of the owner requesting
extension, the lot owner shall pay double pro rata. This pro rata
is reimbursable as hereinafter provided, except for the pro rata paid
on the owner’s front footage.
(C)
Should the lot owner requesting extension require a sewer or water
line in excess of the size required by the city, the owner shall pay
all additional costs for the oversize sewer or water line.
(D)
In addition to the payments specified above, the lot owner or customer
must pay the appropriate service connection charges before service
connections can be made.
(E)
No construction shall be scheduled nor begun by the city until all
extension charges have been paid to the city.
(2)
Developments.
The owner of a development shall pay for
and install all sewer and water lines and necessary appurtenances
thereto within the boundaries of the development.
The city will extend sewers or water lines of proper capacity
outside the boundaries of the development to service the development
after the following applicable requirements have been satisfied:
(A)
The owner of the development shall pay all costs for installation
of sewer or water line extensions required to extend services to the
boundary of the development.
(B)
Should the extension involve the construction of a boundary sewer
or boundary water line, the owner of the development shall pay double
pro rata to the city based on the footage of the development property
abutting the boundary sewer or boundary water line, as applicable.
(C)
Should the city require water line extensions or interior water lines
larger in size than required for the development so long as said water
lines are between the sizes of six (6) inches and sixteen (16) inches,
inclusive, the city shall pay one and one-half (1.5) times the difference
in cost of materials for said water lines. Also, due allowance shall
be made to the owner of the development for intersections and alleys
crossed, outside the development.
Should the city require sewer line extensions or interior sewers
larger in size than required for the development, the city shall pay
for that portion of material cost over and above such requirements.
Also, due allowance shall be made to the owner of the development
for intersections and alleys crossed, outside the development.
(D)
No sewer or water line extension shall be scheduled until all charges
specified herein have been paid by the owner of the development to
the city.
(1958 Code, sec. 40A-3; Ordinance 75-46, sec. 1, adopted 7/15/75; 1978 Code, sec. 28-82; Ordinance 09-065, sec. 3, adopted 11/17/09)
When no extension of sanitary sewer or water lines (as the case
may be) is necessary to serve an applicant for service, the applicant
shall pay pro rata on the owner’s front footage in addition
to the service connection charge before connection is made to the
sewer or water line. However, if the sewer or water line is within
a development, or if the connection is to be made to a sewer or water
line existing on the date of passage of this division, only the service
connection charge shall be paid.
(1958 Code, sec. 40A-4; 1978 Code,
sec. 28-83)
After October 22, 1968, the city shall not collect pro rata
on the owner’s front footage from any applicant for water or
sewer service to a lot upon which the main building or structure was
completed and in existence on October 22, 1968, nor from any applicant
for service to a lot upon which a main building or structure exists
for five (5) years after October 22, 1968, without being provided
a sewer and water line upon which connection could be made. Service
connection charges shall, however, be paid by such applicants.
(1958 Code, sec. 40A-4.1; 1978 Code,
sec. 28-84)
(a)
Owners of lots or developments who participate under this policy in the cost of sewer or water line extensions to their lots or sites are eligible for certain reimbursement of such cost, as specified herein, from the city. Except as provided in subsection (b) below, such owners are eligible for reimbursement to be made from pro rata collected by the city from connections to the sewer extension or water line extension (as the case may be) during the period of five (5) years after completion of the extension, according to the following rules:
(1)
No reimbursement shall be made to a lot owner for the owner’s
front footage pro rata. No reimbursement shall be made to a development
owner for the cost of sewers or water lines within the boundaries
of the development.
(2)
Upon written application of the owner, reimbursements shall be made
once each year during the month of October to cover reimbursable charges
collected during the preceding fiscal year.
(3)
A lot owner will be reimbursed one-half the amount of pro rata collected from connections to that portion (the first three hundred (300) foot section provided for in section 22.02.143(1)(A)) up to the boundary of the owner’s lot.
(4)
A lot owner will be reimbursed the amount of double pro rata collected from connections to extensions in excess of the three hundred (300) foot section provided for in section 22.02.143(1)(A), up to the boundary of the owner’s lot.
(5)
A lot owner will be reimbursed the amount of single pro rata collected
for connections from the owner’s opposite frontage.
(6)
Owners of developments will be reimbursed the amount of pro rata
collected from connections to off-site extensions (outside the development)
and boundary sewers and boundary water lines for which they have made
payment.
(7)
An owner will never be paid more than one hundred (100) percent of
the amount actually paid by such owner for extensions along frontage
other than his own property.
(8)
No reimbursements shall be made by the city to an owner after one
year from the end of the five (5) year period of eligibility.
(b)
In addition to the reimbursements provided for above, the owner of a lot used for an industrial or commercial establishment, who has paid additional costs for oversized water lines, as provided in section 22.02.143(1)(C), shall be eligible for additional reimbursement from water revenues from said water line extension, in the amount of forty (40) percent of the annual gross revenue, for a period of five (5) years from the date of completion of the extension, provided that the additional reimbursement shall never exceed eighty (80) percent of the total additional cost of the extension.
(1958 Code, sec. 40A-5; 1978 Code,
sec. 28-85)
The city may, with specific approval of the city council, extend
sewer or water service outside of the city, according to the following
rules:
(1)
The provisions of section 22.02.143, with the exception of the reimbursement provisions, shall apply to sewer and water line extensions outside the city limits.
(2)
Any lot owner applying for service connections to sewers or water
lines extended under the terms of this division shall pay single pro
rata on the owner’s front footage.
(3)
All applicants for sewer or water service shall pay double the service
connection charge applicable within the city.
(4)
There shall be no reimbursement for extensions outside the city.
(1958 Code, sec. 40A-6; 1978 Code,
sec. 28-86)
(a)
Before work begins under a contract for construction of sewers or
water lines in a development, proof of the following must be submitted
to the director by the owner of the development:
(1)
All construction will be in accordance with department approved plans
and specifications.
(2)
The contractor has public liability insurance acceptable to the city
in the amount of not less than two hundred fifty thousand dollars/five
hundred thousand dollars ($250,000.00/$500,000.00) for bodily injury
and twenty thousand dollars ($20,000.00) for property damage.
(b)
When all of the requirements of this section have been met, the director
will issue a letter to the owner of the development giving permission
to begin construction.
(c)
All sewer and water line installations shall be designed in accordance
with criteria and specifications established by the department.
(d)
All engineering services shall be provided by the city for extensions
to individual lots with costs thereof included in the total cost of
construction.
(e)
All engineering services required, including resident inspection,
for construction of sewers or water lines within the boundaries of
developments shall be furnished by the development’s engineer.
Plans, specifications and contract documents shall be approved by
the department prior to construction.
(f)
Responsibility for resident inspection of construction shall be included
in and be a part of the engineering services set forth above. During
actual construction, the engineer, or his representative, shall be
on the site at all times. The engineer shall have the right to halt
construction when there is an indication that the plans and specifications
are not being or have not been followed until such deviations are
corrected to his satisfaction. The engineer shall, upon satisfactory
completion of the project, issue to the director a letter certifying
the construction meets the requirements of all the plans and specifications
and was completed to the satisfaction of the engineer.
(g)
In addition to the resident inspection specified above, and where
resident inspection is not a responsibility of the department, department
inspectors shall visit the site periodically and, upon project completion,
shall recommend to the director that final approval be given.
(h)
The owner of a development desiring sewer or water line extension
to its boundary shall submit a written request to the director listing
the lots and blocks of the property abutting the extension. Two (2)
approved plats of the area to be served shall be included with the
request and become the property of the city. If the area for which
service is requested is part of a larger area owned or controlled
by the owner of the development and which can reasonably be expected
to require future extensions, then two (2) preliminary plats of the
larger area shall also be submitted showing a tentative design of
overall layout for the entire area.
(1958 Code, sec. 40A-7; 1978 Code,
sec. 28-87; Ordinance 08-040, sec.
33, adopted 5/13/08)
(a)
If a boundary sanitary sewer lift station is required to provide
sanitary sewer service to the development, the developer should be
responsible for the design and construction costs of such sanitary
sewer lift station and all related appurtenances.
(b)
The city may require the developer to increase the structure, motor,
and pump sizes of the sanitary sewer lift station to accommodate future
developments in the area. If funds are available, the city will participate
in the construction cost for acreage outside the limits of the proposed
development. The city’s participation value shall be determined
by the number of acres outside the limits of the proposed development
multiplied by the sanitary sewer lift station construction cost per
acre at the time of installation. The city will not participate in
any cost if the structure is sized for the proposed subdivision and
additional wastewater flow to the sanitary sewer lift station will
only require pump and motor changes and/or modifications.
(c)
The owners of future adjacent developments that have to discharge
wastewater to an existing boundary sanitary sewer lift station, must
reimburse the city or the developer of the sanitary sewer lift station.
The pro-rata reimbursement will be determined based on the total acreage
the sanitary sewer lift station was required to accommodate and the
sanitary sewer lift station construction cost per acre. The reimbursement
value shall be determined by number of acres added to the sanitary
sewer lift station multiplied by the construction cost per acre at
the time of installation. The owners of the new developments will
also be responsible for any and all required changes and/or modifications
to the existing pumps and motors.
(d)
The construction cost of a sanitary sewer lift station shall be obtained
through a bidding process abiding by state procurement laws to guarantee
compatible pricing to the city and the developers. The date when the
sanitary sewer lift station was built will not affect the content
of this section.
(Ordinance 09-065, sec. 4, adopted 11/17/09)
