For the purpose of this article, the following words and terms shall have the meanings respectively ascribed:
Developer.
Any person seeking extension of water and/or sanitary sewer service for two (2) or more platted lots in an area in which sewer and water mains have not been extended.
Front footage.
(1) 
In the case of a lot not exceeding one hundred fifty (150) feet in depth, the width of the property facing on a public street; provided that, if any particular lot shall exceed one hundred fifty (150) feet in depth and such lot is to be occupied exclusively for one (1) dwelling place, the additional depth shall not affect the frontage, except that, if such property is later subdivided, the terms of this article shall govern.
(2) 
In case of a lot extending from one street to another, facing both streets, the width of such property facing each street.
(3) 
In case of lots which are irregular in size and shape, the equivalent of one (1) foot for each one hundred fifty (150) square feet of area.
Individual user.
Any person who is not a developer as defined herein.
New subdivision.
Any two (2) or more lots, or any tract of land to serve, to which water and sewer mains have not been extended at the time of the effective date hereof.
Person.
Any individual, firm or corporation.
(2002 Code, sec. 13.201)
Any person, firm or corporation violating any of the terms of this article shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(2002 Code, sec. 13.218)
(a) 
Within city.
The city may extend water and sanitary sewer mains within the city limits to serve persons desiring and seeking water service and sanitary sewer service whenever it shall be determined that existing facilities may be sufficient to take care of such extension, upon the terms, conditions, agreements and payment of charges as are required hereby and set forth herein.
(b) 
Outside city.
The city may extend water and sanitary sewer mains outside the city limits in accordance with the terms, conditions, agreements and payment of charges as are required by this article.
(2002 Code, sec. 13.202)
Any person desiring to connect to the city water or sanitary sewer system shall pay to the city all charges in such amounts as may be specified by city ordinance, regardless of the time when such water and sewer lines were installed. No refunds of pro rata charges heretofore levied shall be made by the city.
(2002 Code, sec. 13.203)
Water and sanitary sewer mains may be extended to serve individual users:
(1) 
Upon application for such service, designating the lot or tract to be so served, where the distance between existing mains is adequate to serve the needs of such user and such tract shall not exceed one hundred (100) feet, except as hereinafter provided, plus the distance across the frontage of such lot or tract necessary to provide such service; provided that the city council may permit such extension more than one hundred (100) feet upon such terms and conditions as it may at the time of granting such extension prescribe;
(2) 
And upon payment by such user of the charges as established by the city council;
(3) 
Provided that, if the user be an industrial or commercial customer using large quantities of water and mains for water and sewer must be extended more than one hundred (100) feet, such extension may be made if forty (40) percent of the estimated annual revenue from such user will support interest and principal payments on the cost of the extension at eight (8.0) percent per annum;
(4) 
Further provided that, if the user is currently connected to a private water utility company and connects to the city water system, there shall be no front footage water pro rata charge made, provided such lot or tract of land is to be occupied exclusively for one dwelling or commercial establishment, and provided a written request for city water service is received not later than thirty (30) days from the date construction has commenced on the street where the lot or tract of land is located. If such lot or tract of land is later subdivided, the terms of this article relating to the extension of water mains and sewer lines shall govern;
(5) 
(A) 
Further provided that, if the front footage of any residential tract of land facing on a public street is greater than two hundred (200) feet, the individual user may connect to the city's water and sewer system upon the payment of the pro rata charges equal to one hundred (100) feet front footage, provided the water service connection shall not exceed three-fourths (3/4) inches or the sewer service connection shall not exceed four (4) inches, and the residential tract of land is to be occupied exclusively for one dwelling place, and provided a written request for city water and/or sewer service is made to the city, and upon payment of charges for water and/or sewer service connection fees as established by the city council. If such tract of land is later subdivided, the terms of this article relating to the extension of water mains and sewer lines shall govern;
(B) 
If the front, rear, or side footage (depending on the location of the water or sewer main) of any commercial/industrial tract of land is greater than five hundred (500) feet, the individual user may connect to the city's water and sewer system upon payment of the pro rata charges equal to five hundred (500) feet front, side or rear footage, and provided a written request for city water and/or sewer service is made to the city, and upon payment of charges for water and/or sewer service connection fees as established by the city council. If such tract of land is later subdivided, the terms of this article relating to the extension of the water mains and sewer lines shall govern;
(6) 
Provided that all customers outside the city limits will execute an application for water service which will delineate the meter size, meter placement and all service conditions, and provided that pro rata charges of one and one-half (1-1/2) times the current inside city limits rate per front foot per tap for residential and agricultural property will be charged up to a maximum of one hundred fifty (150) feet, and one and one-half (1-1/2) times current inside city limits rate per front foot per tap for commercial and industrial property will be charged, regardless of length.
(2002 Code, sec. 13.204)
(a) 
Upon application therefor by the developer, designating the property sought to be served and complying with the provisions of applicable sections hereof.
(b) 
And upon deposit by the developer with the city of the total cost of such extension necessary to serve adequately the area sought to be served, or upon agreement by the developer to make such extensions or cause same to be made at the developer's expense.
(2002 Code, sec. 13.206)
No water mains nor sewer lines shall be extended, nor any connections made thereto nor any laterals extended from any extension of water mains or sewer lines, until the plans and specifications for same shall have been approved by the city as being properly laid out to provide for future extension and adequate assurance is given that satisfactory materials are to be used. It shall be the duty of the developer to install all valves, hydrants and appurtenances as may be required by the ordinances of the city, including water and sewer taps and service extensions and copper settler and meter box for each platted lot. The developer will bear the total cost of on-site mains, with plans and specifications to be approved by the city, except that the city will refund the cost of mains in excess of twelve (12) inches in diameter, providing the additional main capacity is designed to serve property beyond the limits of the development.
(2002 Code, sec. 13.207)
(a) 
Upon application for new water meter installation only on any lot or tract, there shall be paid to the city a minimum installation fee as established by the city council.
(b) 
Such installation fees shall be paid at the time of application for each new water meter installation. If a new water service connection is performed by the city, water service connection fees as established by the city council shall be charged.
(c) 
Upon issuance of a building permit for new construction, the developer or builder shall make application for temporary water service and be required to make the deposit as established by the city council.
(2002 Code, sec. 13.208)
Where water mains and/or sewer lines shall be extended into new areas, there shall be assessed against all property within the drainage area servable by such extension a charge as established by the city council per utility per acre or part thereof, to be assessed and paid upon development of such property or at the time of extension to and use by or upon such property of water and/or sewer service.
(2002 Code, sec. 13.209)
(a) 
When a developer has at its cost extended water and sanitary sewer mains through a previously undeveloped area to a new subdivision or development, and the owners of property servable by such extension are subject to the pro rata charges provided in this article, the city will refund to the developer such portion of the developer's cost as the city collects out of such pro rata charges received under the provisions of this article.
(b) 
No refund to the developer shall exceed its actual cost of construction calculated to the date of final inspection and acceptance of the extensions by the city, nor shall any refund to the developer exceed the pro rata charges collected under the provisions of this article from property owners connecting to any such water or sewer main.
(c) 
There shall be a maximum period of ten (10) years of eligibility for the original developer or its assigns to request refunds of pro rata payments under this section. The period of eligibility shall begin as of the date of final inspection and acceptance of the extensions by the city.
(2002 Code, sec. 13.210)
It shall be the duty of the developer to procure, provide and pay for the necessary easements and rights-of-way along the lines for water and sewer extensions approved by the city; provided that the city shall, where such easements and rights-of-way cannot be purchased or obtained voluntarily, at the expense of the developer, condemn and acquire necessary easements and rights-of-way for water and/or sewer connections. All easements, rights-of-way, lines, mains, valves, hydrants, laterals and appurtenances shall, upon installation and construction, become the property of the city, free and clear of all liens, claims and encumbrances.
(2002 Code, sec. 13.212)
Notwithstanding any of the provisions hereof, the city may, at any time it sees fit and when it would otherwise be empowered to do so, extend water mains and/or sewer lines at its own expense.
(2002 Code, sec. 13.213)
No water main and/or sewer line shall be extended into any property, nor any connections made on any property through which any water mains and/or sewer lines may be extended, unless and until such property has been platted and such plat has been filed and approved by the city.
(2002 Code, sec. 13.214)
The purpose of this article is to provide and establish procedures and requirements in connection with the extension of water mains and sewer lines within the city in the event that the city should determine that facilities are adequate to serve such additional extension or connection and to provide for payment and charges in connection therewith. No person shall acquire any vested rights under the terms of this article.
(2002 Code, sec. 13.215)
(a) 
The city shall install and maintain all house laterals from the sewer mains to the nearest property or easement line, and shall assess and collect charges therefor as established by the city council. For business areas, or where deep cut connections are involved, estimates of cost will be furnished upon request, such estimated cost to be deposited with the city before the work is done.
(b) 
The above charges shall include the cost of tapping the city sewer main, the installation of wyes and placing the lateral main to the nearest property or easement line. They shall include all costs incident to necessary repairs to pavement of any kind or character involved in making the lateral connection. The city shall make the pavement repairs as part of the installation job. Cost as set out herein shall apply for connections to property inside the city. For connections outside the city limits, the actual cost of construction shall govern, with a minimum according to the above schedule. Where sanitary sewer laterals have been installed ahead of paving, the above cost for such shall include extensions of the lateral to the nearest property line, if not already thus extended.
(2002 Code, sec. 13.216)
(a) 
The city shall install and maintain all water service connections in streets, alleys or easements within the city limits and shall charge the rate as established by the city council.
(b) 
An estimate of cost for all service connections larger than two (2) inches in diameter will be furnished by the city. The cost for street cuts or street boring on a fixed fee per foot basis will be established from time to time based on actual cost to the city as determined by the director of public works. A deposit for the estimated cost of the service connection, including any street cuts or street boring, will be required before a permit will be issued. The final cost of the service connection will based upon completion of the work to reflect actual cost to the city.
(c) 
The above charges shall include all costs incident to making the installation of the service connection required, including the necessary repairs to pavement of any kind or character involved in making the connection. The city shall make the necessary pavement repairs, the cost to be included in the above amount.
(d) 
The city will maintain, at its own expense, all services from the main to the meter, or from the main to the property line, whichever is the shorter distance, until such service is abandoned by the consumer, at which time the city's obligation to maintain the service shall cease.
(e) 
The city shall install and maintain all water service connections in streets, alleys, or easements outside the city limits and shall charge therefor a tap fee consisting of the actual cost of installation, including all material and labor for the installation of the tap and all related service line appurtenances. Size to be installed will be determined by the city.
(2002 Code, sec. 13.217)