For the purpose of this article, the following words and terms
shall have the following meanings:
A person, firm, or corporation, whether one (1) or more or
a combination of one (1) or more, engaged in the business of improving
and selling or using land for the purpose of constructing residential,
commercial or industrial buildings thereon to be sold or leased to
others.
A sewer eight inches (8”) or less in diameter, and
to which are connected service lines, and the main purpose of which
is to conduct sewage to a sewer main.
A water pipe eight inches (8”) or less in diameter,
and to which are connected service lines, and the main purpose of
which is to conduct water from a water main.
An installation constructed and operated for the purpose
of lifting a flow of sewage to a sewer at a higher elevation.
A sanitary sewer and/or water main required to bring sewer
and/or water service from an existing main to the developer's property.
Mains located on the developer's property are not included in this
definition.
The owner of a particular lot or lots or tracts of land,
whether improved or not, as shown by the records of the county clerk
of the county wherein the property is situated.
An easement that is not a public easement, and is used exclusively
by the owner thereof to serve only his property with sanitary sewer
or water service.
An easement, street or right-of-way dedicated to a governmental
body or to the public, either by a recorded map or plat or by a recorded
instrument or conveyance, or acquired by condemnation, and within
which sewer and/or water lines, mains, and facilities may be constructed,
maintained, and operated.
A sewer or water pipe located in a public easement and under
the control, management and use of the city and available for use
by the public.
Legally recorded in the records of the applicable county
clerk.
The pipe that connects the waste disposal or water supply
facilities of a particular property to a lateral or main pipe which
serves as a lateral.
A sanitary sewer.
A sewer, more than eight inches (8”) in diameter, to
which are connected laterals, the major purpose of which is to receive
and transport sewage to a disposal plant. A main can also serve as
a lateral where service lines are connected directly to it.
A tract or area of land subdivided into lots or tracts by
a recorded map or plat and to be sold or leased to others, or used
for residential, commercial or industrial purposes.
A plant designed, constructed and operated for the treatment
and disposal of domestic and commercial waste.
A water line, more than eight inches (8”) in diameter,
to which are connected laterals, the major purpose of which is to
convey water from its source of supply to said laterals. A main can
also serve as a lateral where service lines are connected directly
to it.
(1999 Code, sec. 11.601)
The city shall accept and/or construct laterals, mains, other
pipes and facilities under the provisions hereof only in public easements
as that term is herein defined. All such laterals, mains and facilities
when constructed shall remain the property of the city, and no person
shall, by the payment of a connection charge or any other fee provided
herein, acquire any interest or right in any laterals, mains or facilities,
or any portion thereof, other than the privilege to have their property
connected thereto for service in accordance with the ordinances of
the city.
(1999 Code, sec. 11.602)
The following procedure shall be the exclusive method whereby
a developer or other person (hereafter called “developer”)
may finance the construction of off-site sanitary sewer and/or water
mains within the city to serve a subdivision and recover from the
city a portion of the cost. The city may enter into an agreement with
the developer to provide for the financing of such offsite sanitary
sewer and water mains upon the following terms and conditions:
(1)
Developer to advance funds.
The developer will advance
to the city, by letter of credit or other means acceptable to the
city attorney, funds sufficient to pay for the estimated construction
and engineering costs.
(2)
Professional engineer to design mains.
The design of
the off-site sanitary sewer and/or water mains will be done by a professional
engineer retained by the city and mutually acceptable to the city
and the developer.
(3)
Bids will be obtained by city.
Bids will be obtained
by the city in compliance with statutory requirements.
(4)
City to determine best and lowest bid.
Upon receipt
of bids, the city council will determine the best and lowest bid acceptable
to the city.
(5)
Developer's options when bids exceed estimated costs.
If the bids exceed the estimated costs, the developer may advance
the additional necessary funds or he may abandon the project and receive
his original escrow or other deposit, less expenses incurred to date.
(6)
City to contract with contractor.
If the developer elects
to proceed, the city will contract with the contractor whose bid is
accepted by the city council for the construction on the project.
(7)
Agreement to collect and disburse off-site refund payments.
The agreement on behalf of the city to collect and disburse
off-site refund payments and interest will never be enforceable as
an obligation of the city.
(8)
Developer to construct and pay for lateral lines.
The
developer will construct and pay for the entire cost of lateral sewers
and lateral water lines in accord with all city ordinances, and upon
completion and approval by the city those lines will become the property
of the city without cost to it, and subject to the city's exclusive
ownership, control, management, use and operation.
(9)
Off-site refund charge.
The city will permit other areas,
outside of the subdivision area of the developer who has entered into
the agreement provided for above, to connect to sewer and water mains
constructed under the provisions above, upon the condition that the
other area owner pay to the city, to be passed on to such construction
developer, an off-site refund charge to be determined in the manner
herein provided and applicable to the property to be connected.
(10)
Criteria for approval of agreement.
A developer desiring to take advantage of this article shall
make application to the city. If the city council finds:
(A)
That the project is technically practicable;
(B)
That the project is economically feasible;
(C)
That the project is consistent with the city's master plans;
(D)
That a substantial area of land other than the developer's land will
benefit from the project;
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then the city attorney shall be instructed to prepare an agreement
between the applicant and the city in accordance with the provisions
of this article. Such agreement shall further provide that the provisions
thereof shall never be nor create an enforceable obligation or debt
of the city.
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(1999 Code, sec. 11.603)
(a)
The refund agreement between the city and the developer shall specify
the work to be done, the extent of the developer's property to be
served by the work, and other areas which will be assessed the off-site
refund fee upon their connection to the off-site mains. Other areas
to be assessed shall be limited to areas adjacent to the off-site
mains or adjacent to the subdivision for which the off-site mains
were initially installed.
(b)
The off-site refund fee shall be calculated on a per-acre basis by
dividing the project cost for construction and engineering into the
total acres to be served by the off-site sewer and/or water mains
contemplated in this article. Said per-acre off-site refund fee, when
collected from other landowners, together with four percent (4%) annual
interest from acceptance of construction by the city, shall constitute
the off-site refunds which the developer is due. Provided, however,
that the sum of such off-site refunds to the developer may not exceed
the cost of construction and engineering of the off-site mains, less
a prorated allowance for the developer's area, with interest calculated
at the annual rate of four percent (4%).
(c)
The refund agreement between the city and the developer shall be
authorized by city council resolution which identifies the other properties
that will be assessed the off-site refund fee and establishes such
fee.
(1999 Code, sec. 11.604)
Upon receipt of a subdivision plat or other development plan,
the city shall determine whether the property in question will connect
its water and/or sewer facilities to an off-site main constructed
by a developer under an agreement authorized by this article. In the
event of an affirmative determination, the city shall notify the prospective
subdivider and/or landowner. The amount of the fee shall include interest
at an annual rate of four percent (4%) from the date of acceptance
of the off-site mains by the city. Within thirty (30) days after receipt
of the off-site refund fee, the city shall pay the same amount to
the developer.
(1999 Code, sec. 11.605)
The cost of off-site sanitary sewer and/or water mains constructed in accordance with the provisions of this article shall not be used by any developer in computing the construction cost of water and sanitary sewer systems for which the developer will seek refunding under chapter 10.
(1999 Code, sec. 11.606)
A failure to comply with any requirement herein shall constitute a violation of this article, and upon conviction the violator shall be punishable in accordance with the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 11.607)
