[1]
Editor’s note–See corresponding note located in Appendix A of this code.
There shall be a service charge due on all property to which water and/or sewer lines are extended after April 1, 1952. This charge shall be called the pro rata charge for water and/or sewer and shall be due and payable before service is provided. The pro rata charge shall represent a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro rata is paid.
(1959 Code, sec. 34-51; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-146)
(a) 
When a person or entity makes an application with the city: (1) for water and/or sewer service connection for property that requires a pro rata charge; or (2) for a water and/or sewer line extension for service that requires a pro rata charge; or (3) to plat property that requires a pro rata charge for the extension of water and/or sewer service; the person or entity shall pay a nonrefundable pro rata charge required by section 22.05.001 and as set forth in this section. This subsection shall apply only to lines constructed after April 1, 1952.
(b) 
The appropriate pro rata charge shall be paid prior to:
(1) 
A water or sewer service connection being made;
(2) 
The extension of a water and/or sewer line; and
(3) 
The final approval of a plat.
(c) 
When the property to be served is within one hundred fifty (150) feet of an existing water main for water service, or within one hundred fifty (150) feet of an existing sewer main for sewer service, the person or entity requesting service shall be required to pay the standard pro rata charge for the front footage of the property to be served. The standard pro rata charge shall be as follows:
(1) 
For a 6-inch sewer line, the current years budgeted fee as determined by the annual city engineer review, per front foot of lot or tract of land to which sewer service is to be provided; and
(2) 
For a 6-inch water line, the current years budgeted fee as determined by the annual city engineer review, per front foot of lot or tract of land to which water service is to be provided.
The standard pro rata charge shall be reviewed annually by the chief water utility engineer, and he shall recommend that the charge be amended as necessary to ensure the adequacy of the prices to cover the cost of construction of the water and sewer utility extensions.
Payment of the standard pro rata charge by the person or entity processing the request shall satisfy the pro rata charge required for property to be served by the extension and/or connection.
(d) 
When the property to be served is further than one hundred fifty (150) feet from an existing water main for water service, or further than one hundred fifty (150) feet from an existing sewer main for sewer service, the person or entity requesting service shall pay the total cost of the extension. The total cost of the extension is defined as the combined total of:
(1) 
The total construction cost as determined by the total footage of the project and the unit price list set forth in section 22.05.015; and
(2) 
The total cost of professional services including engineering, surveying, inspection and related costs set forth in section 22.05.012.
Payment of the total cost of the extension by the person or entity requesting the extension shall satisfy the pro rata charge required for property to be served by the extension, and may entitle the person paying for the total cost of the extension to seek a refund from the owners of other properties adjacent to the line extension, if those owners choose to connect to and be served by the extension as provided herein.
(e) 
The pro rata charge to connect to an existing water and/or sewer main shall be the determined pro rata or adjacent main fee, which shall be paid prior to connection to an existing water or sewer main. The adjacent main fee for a project may be divided into sections as necessary so that the adjacent main fee for each section is appropriate for the size and the depth of the water or sewer line and other improvements installed. Unless otherwise determined by the city engineer, the adjacent main fee will not be assessed on sewer mains and that are installed by the city. The adjacent main fee shall be calculated by:
(1) 
Water:
(A) 
Utilizing the aggregated, citywide cost per linear foot value for water line sizes 6 inch–12 inch including appurtenances (which includes a 12% fee for engineering, testing, inspection, and surveying), which shall be reviewed annually by the city engineering staff; then
(B) 
Multiplying the number of feet of water lines adjacent to the proposed development by the value in subsection (A) above, excluding any water and sewer taps; then
(C) 
Dividing the current value of the improvements by two (2); then
(D) 
Adding the current value as specified in section 22.05.015 of any water taps designated in the pre-plats, or as previously approved by the city; then
(E) 
Adding an engineering, testing, inspection, and surveying fee equal to twelve percent (12%) of the total calculated value for the final value of the refund.
(2) 
Sewer:
(A) 
Totaling the number of improvements adjacent to the proposed development; then
(B) 
Multiplying the number of improvements by the current unit price value as specified in section 22.05.015, excluding any sewer taps; then
(C) 
Dividing the current value of the improvements by two (2); then
(D) 
Adding the current value as specified in section 22.05.015 of any sewer taps designated in the pre-plats, or as previously approved by the city; then
(E) 
Adding an engineering, testing, inspection, and surveying fee equal to twelve percent (12%) of the total calculated value for the final value of the refund.
Payment of the determined pro rata charge or adjacent main fee for the property to be served by the person connecting to the existing water or sewer main shall satisfy the pro rata charge required by this article. Additional main extensions at the developer’s expense may be required to service the property.
(f) 
An appropriate pro rata charge in accordance with the requirements of this section shall be required for any privately or publicly constructed extensions of water and/or sewer lines.
(g) 
For lots having a greater depth than one hundred and fifty (150) feet, or irregular size or shape, the following pro rata provisions shall apply:
(1) 
The above front-foot rates shall apply to property fronting on streets in areas platted into the usual rectangular lots or tracts of land, with a depth not to exceed one hundred fifty (150) feet. Where lots or tracts have greater depth than one hundred fifty (150) feet from the front street line, and are occupied or are to be occupied exclusively as single-family dwellings, then the additional depth shall not be assessed. If the property is later subdivided, requiring an extension of mains to serve the same, then the terms of this article shall govern.
(2) 
Where lots or tracts are irregular in size or shape and has a depth less than one hundred fifty (150) feet, then pro rata charges shall be based upon equivalent rectangular lots or tracts using one front foot for each one hundred twenty (120) square feet of area, or the average frontage of such lots or tracts.
(3) 
Where lots or tracts are irregular in size or shape and have a depth greater than 150 feet the pro rata charges will be based on one front foot for each 120 square feet of area.
Lot Frontage Formula
(4) 
Where lots or tracts are intended to be used for other than single-family dwelling purposes, the pro rata charge shall be paid on the frontage on all streets which the property must abut. Should such property be re-subdivided whereby water and/or sewer main extensions are required to serve the same, the developer shall pay the costs of utilities for redevelopment.
Example: Where subdivided tracts or land are to be developed as a unit for shopping centers, apartment sites, industrial sites, or other similar uses, the applicant will pay frontage charges on street frontages as outlined for business properties. Any mains extended through or into such tracts for service to individual buildings will be built at the applicant’s expense in easements or alleys in accordance with section 22.05.006 and chapter 38 (subdivision regulations). In the case of standard mains being built in streets or utility easements at the request of the city, refunds on such mains will be made to the applicant.
(1959 Code, sec. 34-52; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 4914, sec. 1, adopted 2/10/1966; Ordinance 6129, sec. 1, adopted 7/22/1971; Ordinance 6604, sec. 1, adopted 4/26/1973; Ordinance 7069, sec. 1, adopted 5/8/1975; Ordinance 7254, sec. 1, adopted 5/27/1976; Ordinance 7625, sec. 1, adopted 3/9/1978; Ordinance 8017, sec. 2, adopted 3/27/1980; 1983 Code, sec. 28-147; Ordinance 9210, secs. 2–5, adopted 7/14/1988; Ordinance 9725, sec. 3, adopted 9/8/1994; Ordinance 2010-O0049, sec. 21, adopted 6/24/2010; Ordinance 2018-O0039 adopted 3/22/2018; Ordinance 2023-O0119 adopted 10/10/2023)
(a) 
A payment of the water and/or sewer pro rata charges on residential property already platted shall entitle the person desiring service to acquire a connection to the water and/or sewer lines in accordance with this code when the line to which the connection is to be made is in the alley or comparable easement adjacent to the property, or shall entitle him to the extension of water and/or sewer lines equal in length to the frontage on which he paid the pro rata plus one hundred fifty (150) feet when the service line is not adjacent to his property; provided, however, that only one such one-hundred-fifty-foot free extension may be provided any person in any calendar year. When the nearest service line is more than one hundred fifty (150) feet distance to the property on which service is desired, the person desiring service shall pay the total cost of the extension; however, in no event shall the cost paid be less than the pro rata on the frontage served. That portion of the cost paid above the pro rata on the frontage shall be refunded as provided herein for approach mains.
Applicant has made arrangements for service. Since Lot 3 is served, its side footage is exempt, also the twenty feet (20') across the alley. The remaining footage across Lots 4, 5, and 6 is not greater than one hundred fifty feet (150'). The extension can be made.
(b) 
When two (2) or more individuals desire water and/or sewer service and the nearest individual is more than one hundred fifty (150) feet from existing lines, the city will extend the service lines a distance equivalent to that on which the pro rata is paid plus one hundred fifty (150) feet for each individual pro rata payment when such distance is adequate to serve the individuals. In the determination of the distance necessary to serve the individuals, the distance across street intersections or property already served with other than temporary service shall not be considered.
Five applicants have made arrangements for service. Since the distance between applicants is not greater than one hundred fifty feet (150'), streets excluded, the extension can be made.
(c) 
An exception to the one-hundred-fifty-foot rule shall be made where two (2) or more individual applicants desire water and/or sanitary service and the nearest applicant is more than one hundred fifty (150) feet from existing mains; the city shall extend its mains upon receipt of payment of the frontage charges due under these regulations provided there is one customer for every one hundred fifty (150) feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sanitary sewer service.
Four applicants (Lots 11, 12, 13, and 14) have made arrangements for service. An extension of six hundred feet (600') is required. There are four (4) applicants for the six hundred feet (600'), one applicant per each one hundred fifty feet (150'). The extension could be made.
(d) 
At the option of the city, the total cost of the extension approach for extensions over one hundred fifty (150) feet may be used to pay for the extension and to establish a refund contract with the person or corporation requesting the extension.
(1959 Code, sec. 34-53; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-148; Ordinance 9210, secs. 6–9, adopted 7/14/1988; Ordinance 2010-O0049, sec. 22, adopted 6/24/2010)
(a) 
When property is being platted in accordance with the subdivision regulations of the city, the owners or developers of the property being platted and to be served by water and/or sewer shall pay the pro rata charges as calculated on the basis of the frontage to be served or the total costs of the extensions necessary to completely serve the property, whichever is greater. The extensions required to completely serve the property shall conform to the utility plan of the city and shall include the requirements for domestic service and fire protection service to the area through which the lines extend.
(b) 
That portion of the cost paid by the owners or developers which is in excess of the pro rata front-foot charges shall be refunded as provided herein.
(1959 Code, sec. 34-54; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-149)
(a) 
The pro rata is established to provide service to public and private fire protection service from the street and to provide domestic water and/or sewer service from the alley or comparable easements adjacent to the property. The size of the lines in the alleys or easements shall be adequate to provide for a maximum size water meter of one and one-half (1-1/2) inches per lot for each seventy-five (75) feet of frontage. Payment of the pro rata shall permit the property owner to acquire a maximum water tap and meter of one and one-half (1-1/2) inches or the equivalent in two (2) or more meters per lot of each seventy-five (75) feet of frontage.
(b) 
When water service larger than one and one-half (1-1/2) inches is desired, the property owner desiring such service shall pay the additional cost of extending or reconstructing a water main of adequate size to provide the service desired. Adequate size of the water main shall be considered as twice the diameter of the largest domestic water tap requested. The additional cost for making such an extension shall be refunded only when property adjacent to the extension obtains services greater than one and one-half (1-1/2) inches after payment of their proportionate part of the cost of the original extension.
(c) 
When sewer service larger in capacity than required for a single-family dwelling is desired, the property owner desiring such service shall pay the additional cost of extending or reconstructing the sewer main of adequate size to provide the service desired. Adequate size shall be determined by the director of water utilities. The additional cost for making such extension shall be refunded only when property adjacent to the extension obtains service greater than that required for a single-family dwelling, after payment of their proportionate part of the cost of the original extension, or the pro rata service charges, whichever is greater.
(1959 Code, sec. 34-55; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 4914, sec. 2, adopted 2/10/1966; 1983 Code, sec. 28-150; Ordinance 9210, sec. 10, adopted 7/14/1988; Ordinance 2010-O0049, sec. 23, adopted 6/24/2010)
(a) 
Domestic water and/or sewer service shall only be provided to property from dedicated alleys or comparable easements except:
(1) 
In certain manufacturing zones where alleys or easements were not required by the planning and zoning commission; or
(2) 
Where the city council finds that in specific locations, in order to avoid and eliminate extremely unhealthful conditions which are contributing factors to epidemics, it is the express policy of the city council, when expressed by its resolution, to provide water and sewer service from the street.
(b) 
Water service for private fire protection systems requiring service lines greater than three-fourths the size of the waterline in the alley or easement may be provided from street mains with the person receiving such service to pay the total cost including paving repair of the tap and extension to the property line.
(c) 
The property owner or consumer is responsible for the final connection of the water and/or sewer service to the property.
(1959 Code, sec. 34-56; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-151; Ordinance 8954, sec. 1, adopted 8/14/1986; Ordinance 2010-O0049, sec. 24, adopted 6/24/2010)
(a) 
There shall be a pro rata water account and a pro rata sewer account maintained as a part of the city's general ledger. The chief financial officer shall provide procedures and supervise accounting for all monies received from pro rata payments, funds expended for extensions, and refunds made as herein provided.
(b) 
All monies received for water pro rata payments shall be credited to the water pro rata account, and all monies received for sewer pro rata payments shall be credited to the sewer pro rata account.
(c) 
Payment of the pro rata or total cost of the extensions as provided herein shall authorize the director of water utilities to cause the required construction to be done and all charges for work done by the city to extend water service to property on which the water pro rata has been paid shall be charged to the appropriate water pro rata account and all charges for work done by the city to extend sewer service to property on which the sewer pro rata has been paid shall be charged to the appropriate sewer pro rata account.
(1959 Code, sec. 34-57; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 6028, sec. 1, adopted 2/11/1971; 1983 Code, sec. 28-152; Ordinance 2010-O0049, sec. 25, adopted 6/24/2010)
When the water or sewer master plan or other city standards require the extension of a main larger than the need to adequately serve the property or development, the city may participate in the cost of any required upsizing, additional depth, or both. Such costs shall be determined as set forth in section 22.05.015 of this code. Water mains larger than eight (8) inches in diameter and sewer mains larger than eight (8) inches in diameter and/or mains required to be buried at a depth of greater than twelve (12) feet, with the approval of the city council. City participation shall be in the form of reimbursement to the developer upon the city's acceptance of the infrastructure.
(1959 Code, sec. 34-58; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 8017, sec. 3, adopted 3/27/1980; 1983 Code, sec. 28-153; Ordinance 9210, sec. 11, adopted 7/14/1988; Ordinance 2010-O0049, sec. 26, adopted 6/24/2010; Ordinance 2023-O0119 adopted 10/10/2023)
(a) 
The total cost of the extension for water and/or sewer service to the property shall be based on the plans for the extensions that have been approved by the chief water utility engineer. As an alternative, if the person or developer does not elect to use the total cost of the extension provision, then he may receive competitive bids to determine the total cost of the extension in accordance with the city’s form, plans and specifications. Use of this alternative shall be subject to approval in advance by the chief water utility engineer for compliance with all competitive bid processes, procedures and requirements. If the total cost of the extension is pursued and authorized in this manner, then the total cost of the extension determined by this manner shall be used to establish all pro rata requirements and refund opportunities established herein.
(b) 
The costs of the extensions shall include engineering costs, materials, labor, paving repair and any other costs necessary to complete the facility required to serve the property on which the pro rata is paid.
(c) 
Extensions within the subdivision or other properties to be developed:
(1) 
Developers of such subdivision or other property will defray the entire cost of water and/or sanitary sewer system within their subdivision except that the city may refund the oversize cost of water mains larger than sixteen (16) inches in diameter and/or sewer mains larger than fifteen (15) inches in diameter and/or a depth deeper than twenty-five (25) feet unless a larger size is required to serve the subdivision in question. Size and depths of mains for adequate service shall be determined by the chief water engineer, and his decision shall be final. Refunds for oversize cost will be made according to section 22.05.013.
In above subdivision, the mains are on site. Total cost to be borne by the developer.
(2) 
Main lying along one or more sides of a subdivided tract: For water mains sixteen (16) inches, and sewer mains fifteen (15) inches and smaller, the developer will be refunded one-half the evaluated cost of the main constructed as set forth, such refunds will be made as provided in section 22.05.013.
In above, since the main extension pictured serves property owned by others as well as the subdivision, the developer will be refunded one-half of the evaluated cost of the main according to section 22.05.013.
(1959 Code, sec. 34-59; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-154; Ordinance 9210, sec. 12, adopted 7/14/1988; Ordinance 2010-O0049, sec. 27, adopted 6/24/2010)
(a) 
Installation by developers by private contract.
(1) 
A developer shall contract with a private engineering firm for the design and preparation of construction plans for water and sanitary sewer facilities to serve any new subdivision within the city and including any access or off-site facilities that may be required. These plans shall conform in all details to the city's standard as to design, grade, location, size, and quality of materials and construction.
(2) 
Plans and profiles submitted by the developer's engineer shall be inked on standard sheets as per city standard. All known existing or subsurface utility lines and obstructions shall be shown. Upon, and along with, submission of preliminary plans for engineering review by the city, the developer will submit an engineering estimate utilizing the pro rata values currently as outlined in section 22.05.015 to cover the costs of water and/or sanitary sewer main construction and then deposit with the engineering department the fee due as set forth in the most recently adopted annual city budget.
Construction shall be defined to include the value of materials and labor to install these materials, in accordance with section 22.05.015, necessary to complete the proposed water and/or sewer improvements. The engineer preparing the plans and profiles must be a licensed or registered professional engineer in the state, and he must affix his seal and signature to all plans and profiles submitted for construction. In the instance that plans are submitted for re-review containing substantial changes and/or alterations, an additional fee due as set forth in the most recently adopted annual city budget shall be paid.
(3) 
Inspection fees.
(A) 
Water line construction.
Upon preliminary approval and before any construction can begin on a water line, the fee due as set forth in the most recently adopted annual city budget, shall be deposited with the water utilities division, and placed in the water pro rata fund, to cover the cost of water line inspection by city personnel. The cost of any construction required to be accomplished by city crews will be in addition to the above fees (see subsection (a)(7)).
(B) 
Sanitary sewer main construction.
Upon preliminary approval and before any construction can begin on a sanitary sewer main, the fee due as set forth in the most recently adopted annual city budget. shall be deposited with the engineering department, and placed in the sewer pro rata fund, to cover the cost of sanitary sewer main inspection by city personnel. The cost of any construction required to be accomplished by city crews will be in addition to the above fees (see subsection (a)(7)).
(4) 
Upon preliminary approval of the plans by the city, the developer may enter into a contract with a utility contractor to construct the system as so planned; provided, however, that the construction and installation of the water mains and sanitary sewer mains, or either of them, shall be inspected by the city to ensure that the installation is made in accordance with the plans and city's standard specifications which, in every instance, shall be part of said installation contract.
(5) 
When the project is ready for construction and the plat has been approved by the city, line and grade stakes will be set by the developer's engineer or surveyor. These stakes will not be set, however, until the developer's surveyor has properly staked on the ground with iron pins all points of curve and tangency, all block corners, and control points.
(6) 
The complete and accurate to-scale, in accordance with the current standards and specifications in the city water and sewer master plans, with the seal of the developer's engineering consultant, reflecting actual constructed water and sanitary sewer facilities shall be submitted to the water utilities department for final approval within three months of substantial completion of the project. Final approved record drawings will be held by and become the permanent property of the city.
(7) 
The developer's contractor shall be responsible for all water valve, meter box, sewer manhole adjustments, and maintenance of infrastructure to utility lines not yet accepted into the city system.
(b) 
Alternate method of providing utilities under private contract.
The city engineer may allow city personnel to perform engineering services on water and sewer improvements in accordance with section 22.05.012. [Sic]. This alternative, if requested by the developer, would only be considered on small developments (less than twenty thousand dollars ($20,000.00) in construction costs as estimated by the city engineering staff using the unit prices herein). With this alternate method of providing for city utilities under private contract, the developer shall deposit with the city engineer the fee due as set forth in the most recently adopted annual city budget.
(c) 
In an effort to preserve the integrity of utility lines and paved alleyways, the developer shall provide the necessary sewer and water services to the property line to serve all lots within that particular subdivision on new construction, and that do not abut any existing water and/or sewer mains. Where a new subdivision abuts or is adjacent to existing water and/or sewer mains the city will make a per lot basis according to prices included herein.
In the event the developer chooses to make water and sewer service connections to property adjacent to the developer's property and which is owned by another party, the cost of those services shall be paid by the developer and included as part of the refund contract based on the unit prices included herein and estimates made by the engineering department. All refunds will be made in accordance with section 22.05.013.
All water and sewer service connections are to be constructed to the city-design standards and specifications for water and sewer, as same may be amended from time to time. All water and sewer service connections made, with the exception of distribution connections and new construction, will be made solely by a city-approved contractor. On new construction, the developer will be required to install wyes, tees or tapping saddles for sewer connections and extended to the property line.
(d) 
No installation of water and sanitary sewer mains will be accepted by the city at any other location except a dedicated street, alley, or an easement in favor of the city which shall be filed of record by the owner of said addition.
(e) 
Under the private contract method of installation by developers, the valued unit pro rata cost for the water and/or sanitary sewer facilities shall be the pro rata for the subdivision.
(f) 
When existing water and/or sewer facilities or mains are lying along one or more sides of the property being platted, the owners or developers shall pay the city one-half of the valued unit pro rata cost of the existing mains as defined in section 22.05.009(a).
(1959 Code, sec. 34-60; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-155; Ordinance 9210, sec. 13, adopted 7/14/1988; Ordinance 9411, sec. 18, adopted 2/14/1991; Ordinance 2002-O0062, sec. 1, adopted 5/9/2002; Ordinance 2010-O0049, sec. 28, adopted 6/24/2010; Ordinance 2023-O0119 adopted 10/10/2023; Ordinance 2023-O0138 adopted 11/7/2023)
Upon completion of the water and/or sewer facilities in accordance with the design approved by the city by private contractor and acceptance by the city, as set forth herein, or upon completion by the city, the facilities so constructed shall become and remain the property of the city and shall be maintained as a part of its water and/or sewer system. After final inspection and approval of the water and/or sewer improvements required by chapter 30 of this code, the city manager or his or her designee shall accept the said improvements, except where city costs are related to the said acceptance, in which case the water utility chief engineer, or his or her designee, shall submit the said improvements to the city council for their consideration for approval and acceptance.
(1959 Code, sec. 34-61; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-156; Ordinance 2006-O0087, sec. 1, adopted 8/24/2006)
Editor's note–Former section 22.05.012 pertaining to professional services for extension and fees, was repealed and deleted in its entirety by Ordinance 2023-O0119 adopted 10/10/2023. Prior to the deletion the section derived from the following: 1959 Code, sec. 34-62; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 6466, sec. 1, adopted 10/12/1972; 1983 Code, sec. 28-157; Ordinance 9210, sec. 14, adopted 7/14/1988; Ordinance 9411, sec. 19, adopted 2/14/1991; Ordinance 2010-O0049, sec. 29, adopted 6/24/2010.
(a) 
At the option of the city, the total cost of the extension approach for extensions over one hundred fifty (150) feet may be used.
(b) 
When a line is extended in accordance with the provisions of this article, and the total cost of the extension method is used, the city may enter into a contract to refund the person, entity, group, or corporation requesting the extension. The amount of the refund, if any, shall depend upon the number of adjacent property owners that choose to connect to the line and pay the determined pro rata or adjacent main fee during the term of the contract. The city shall hold adjacent main fees received during the term of the contract in trust, and periodically make payments to the person, entity, group, or corporation that requested the extension, and that is entitled to the refund payment by contract. The city provides no guarantee as to the amount of refund that might occur during the term of the contract, and the city is under no obligation to pay, from its own funds, any portion of the refund. The contract shall document the total footage of water and/or sewer line extensions for the project, and shall provide for a refund based upon the current unit price list in effect at the time the request for a connection is processed. A copy of the pro rata ordinance provisions, effective at the time that the contract was approved and entered into, shall be attached as an exhibit and become part of the terms and conditions of the contract for all contracts adopted on or after the effective date of this article. All contracts entered into on or before that date remain legal and binding for the term approved within each contract, and the pro rata or adjacent main fee provided for in each contract shall be calculated as provided for in section 22.05.015 of this code.
(c) 
Contracts for refunds as provided herein shall be in a format approved by the office of the city attorney, and executed by the developer and the city manager or designee. The term of the contract shall be fifteen (15) years, the city shall not be liable for refunds after the term of the contract, and no interest shall be paid by the city for any money for which refunds are due.
(d) 
Refunds of money paid in excess of the pro rata shall be made within thirty (30) days after May first or November first of each year of all refunds earned during the preceding six (6) months. Refunds shall be earned when pro rata payments have been made for property on which the refund is based.
(e) 
When an owner or developer has a refund due as a result of payment of the pro rata on adjacent property which he also owns, this earned refund may be credited to the pro rata payment due on the adjacent property at the time the adjacent property is platted.
(f) 
When temporary sewers or facilities are constructed as an expedient to develop a particular area, or when sewers are constructed which otherwise are not required in the ultimate plan of development for the sanitary sewer system, the developer shall bear the total cost without refund and the value of the temporary sewers or facilities shall not be allowed the developer towards payment of his pro rata charges. When there is an extension made to a temporary service to serve existing structures outside the area to be developed, the developer shall be limited to one-half of the pro rata collected. Any refund shall be applied toward pro rata refunds on property served by the temporary extension.
(g) 
When an approach main or boundary main is in an alley and the total cost of the extension is greater than the pro rata charge paid on the applicant’s property, then the cost above the pro rata charge shall become refundable, in such a manner that when eighty-five (85) percent of the lots served by the extension have paid their pro rata, the original applicant will have received all of the original deposit in excess of his pro rata in consonance with contract provisions.
(h) 
When there is a refund to be paid on an approach main and/or boundary mains located in a street, this refund shall be made in such a manner that all of the refundable money will be returned when there has been a pro rata payment on property outside of the area originally served, one unit for each fifty (50) feet of approach main and/or boundary main.
(1959 Code, sec. 34-63; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 8017, sec. 4, adopted 3/17/1980; 1983 Code, sec. 28-158; Ordinance 9210, secs. 15, 16, adopted 7/14/1988; Ordinance 2010-O0049, sec. 30, adopted 6/24/2010; Ordinance 2018-O0063 adopted 6/14/2018)
The city may extend water and/or sewer through an entire block upon payment of the pro rata charge on one or more lots when the director of water utilities determines that it is more economical than to make the extension in several short sections as pro rata payments are made.
(1959 Code, sec. 34-64; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-159)
A unit price list shall be developed and maintained by the city engineer. The unit price list shall be reviewed and adjusted annually to document current prices and costs for water and sanitary sewer mains, appurtenances and related construction labor and shall be considered by the city council annually in conjunction with the city's operating budget, for the purpose of determining the total cost of the extension as provided for in this article. The unit price list shall be used in calculating construction costs for the total cost of the extension for water and/or sanitary sewer mains and appurtenances.
(1959 Code, sec. 34-65; Ordinance 3772, sec. 1, adopted 3/22/1962; Ordinance 6129, sec. 2, adopted 7/22/1971; Ordinance 6604, sec. 2, adopted 4/26/1973; Ordinance 7069, sec. 2, adopted 5/8/1975; Ordinance 7254, sec. 2, adopted 5/27/1976; Ordinance 7625, sec. 2, adopted 3/9/1978; Ordinance 8017, sec. 5, adopted 3/27/1980; 1983 Code, sec. 28-160; Ordinance 9210, sec. 17, adopted 7/14/1988; Ordinance 9411, sec. 20, adopted 2/14/1991; Ordinance 9725, sec. 4, adopted 9/8/1994; Ordinance 2010-O0049, sec. 31, adopted 6/24/2010; Ordinance 2023-O0119 adopted 10/10/2023)
The intent and purpose of this article is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the city on a front-foot basis. In case any property or tract of land is so situated or shaped that the front-foot rule creates an inequitable basis as between it and other tracts of land in the city, then, in that event, the director of water utilities shall determine the proper charges in accordance with the intent and purpose of this article. No person shall acquire any vested rights under the terms and provisions of this article.
(1959 Code, sec. 34-66; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-161)
Where the city council finds that in densely populated areas and in specific locations, due to the absence of water and/or sewer service, the public welfare would be best served by making water or sanitary sewer main extension at its own cost, and after due investigation and consideration, in order to avoid and eliminate extremely unhealthy conditions which are contributing factors to epidemics or to accomplish any other valid public purpose, and where money is available for such purposes, it is the express policy of the city council, when expressed by its resolution, to extend water and sanitary sewer mains into these densely populated or other affected areas without a deposit being required from the property owner.
(1959 Code, sec. 34-68; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-163; Ordinance 2010-O0049, sec. 33, adopted 6/24/2010; Ordinance 2023-O0119 adopted 10/10/2023)
(a) 
When the owner of a single-family dwelling, the area of which does not exceed one acre, and such owner has not secured a water and/or sanitary sewer main extension under this provision within the next preceding twelve-month period, has duly requested, in writing and on forms provided by the director of water utilities, to make water and/or sanitary sewer main extensions abutting the tract of land described in the application, and said parcel of land is connected with city water service or is to be connected with such service upon the completion of the requested extension, the director of water utilities is authorized to determine the applicable pro rata payment to be made for such extension, and to provide the extension:
(1) 
When the owner applicant of said parcel of land has paid to the city a minimum initial payment of fifteen (15) percent of the total pro rata charge; and
(2) 
When the owner of said parcel of land shall have executed a contract with the city creating a valid lien against the parcel of land described in the application, to secure payment of the deferred part of the pro rata charge within thirty-six (36) months, with minimum monthly payments of ten dollars ($10.00) each, the annual unpaid balance to bear six-percent interest, and further providing for accelerated maturity with customary provisions applicable to default in payments; and further providing that the water department is authorized to discontinue water service to the described parcel of land and any premises thereon located, if, for any reason, the water service bill and/or any deferred pro rata charge payment is not paid when due; said contract to contain such other provisions as the city manager may deem expedient and in the public interest. The city manager is further authorized to prescribe and approve the form of application herein provided for, and the form of contract required and such other instruments and requirements as may be deemed necessary or expedient in making the provisions of this section adequately effective.
(b) 
When the owner/occupant of a single-family dwelling, the area of which does not exceed one acre, and such owner has not secured an extension under this provision within the next preceding twelve-month period, has duly requested in writing, on forms provided by the director of water utilities, to make water and/or sanitary sewer main extensions abutting the tract of land described in the application, and such parcel of land is connected with city water or sewer service or is to be connected with such service upon the completion of the requested extension, the director of water utilities is authorized to determine the applicable pro rata payment to be made for such extension and to provide the extension:
(1) 
When the owner/occupant establishes to the satisfaction of the director of water utilities that the owner/occupant has an income that does not exceed the amount listed for an equivalent family of very low income on the table for Lubbock, Texas, prepared and distributed annually by the U.S. Department of Housing and Urban Development;
(2) 
When the owner of said parcel of land has paid to the city a minimum initial payment of five (5) percent of the total pro rata charge; and
(3) 
When the owner of such parcel of land shall have executed a contract with the city creating a valid lien against the parcel of land described in the application, to secure payment of the deferred part of the pro rata charge within sixty (60) months, by means of equal monthly payments with the annual unpaid balance to bear six-percent interest, and further providing for accelerated maturity with customary provisions applicable to default in payments; and further provided that the water department is authorized to discontinue water service to the described parcel of any land and any premises thereon located, if, for any reason, the water service bill and/or any deferred pro rata charge payment is not paid when due; such contract to contain such other provisions as the city manager may deem expedient and in the public interest. The city manager is further authorized to prescribe and approve the form of application herein provided for, and the form of contract required and such other instruments and requirements as may be deemed necessary or expedient in making the provisions of this section adequately effective.
(1959 Code, sec. 34-69; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-164; Ordinance 9210, sec. 18, adopted 7/14/1988; Ordinance 9345, sec. 1, adopted 4/12/1990; Ordinance 2023-O0119 adopted 10/10/2023)
If a property owner does not have city water service or does not propose to have city water service, but said property owner desires said city sewer service, then in that event if such property owner is otherwise entitled to a sanitary sewer main extension under this code, then such property owner may secure sewer service (without city water service) upon the election of said property owner to pay the pro rata sewer charge properly chargeable to said property as a deferred pro rata sewer rental charge with the acceptance and approval of such election by the city council upon the following terms and conditions:
(1) 
Such property owner applicant for sanitary sewer main extension shall agree as follows:
(A) 
Applicant shall pay fifteen (15) percent of the sewer pro rata charge with the execution of this agreement and shall pay the balance as a deferred pro rata sewer rental charge in equal payments of not less than ten dollars ($10.00) per month spread over a period of not to exceed thirty-six (36) months, each payment being due and payable on the first day of each succeeding month hereafter until the balance, and interest, if any, is fully paid, the annual unpaid balance to bear interest at the rate of six (6) percent per annum until fully paid. Upon failure of applicant to make any such payment as and when same shall become due, it shall, at the option of the city without notice, mature the indebtedness created hereby; and it shall become at once due and payable as to the balance due to the city, plus a reasonably attorney's fee if collection is enforced by or placed in the hands of an attorney for collection or enforcement. In the event of such default in payment by applicant, the city and/or its agents, servants or employees are hereby authorized, without notice to applicant (and applicant expressly waives notice), to disconnect the sewer extension serving applicant's parcel of land and thereafter city shall be under no duty to furnish sewer service to applicant's parcel of land until applicant has paid all moneys due to the city as well as the cost of disconnection and reconnection to the city sewer system as estimated and/or determined by the director of water utilities. Applicant agrees to at all times defend, indemnify and otherwise hold the city, its agents, servants and employees harmless of and from any and all claims, demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to or in any manner be connected with the making and carrying out of this agreement including but not limited to the construction, reconstruction, maintenance, disconnection, connection and/or reconnection of the sanitary sewer main extension to applicant's parcel of land. Payments made pursuant to this agreement shall be made in addition to any uniform sewer charge which may be imposed or assessed by the city against property owners in the city.
(B) 
Applicant hereby gives and grants to the city an express contract lien upon said parcel of land and premises and improvements herein provided for to secure payment of the indebtedness herein created and applicant agrees to the fixing of a mechanic's and materialmen's lien upon said parcel of land and premises to secure said indebtedness until said indebtedness is fully paid off and discharged. Applicant hereby waives in favor of said indebtedness all homestead exemption, if any, in any manner pertaining to said parcel of land. Applicant hereby authorizes the recording of this instrument in the office of the county clerk.
(C) 
This agreement is made subject to all applicable provisions of this code, ordinances, resolutions, and regulations, with respect to sewer service, extension, connection, disconnection, reconnection, construction, reconstruction and maintenance and any other matters related thereto.
(D) 
Applicant warrants and represents that no extensions for sewer have been secured for the deferred pro rata rental charge from the city within the next preceding twelve-month period to the date of this agreement. This agreement and all obligations hereunder shall be binding upon applicant and the successors, heirs and assigns and occupants of applicant.
(E) 
If there are any other encumbrances except taxes against said parcel of land, the applicant shall, if possible, if requested to do so by city, secure from the holder of said encumbrance a subordination of said encumbrance to the lien created by this agreement.
(2) 
The city manager is hereby authorized to execute all contracts and other instruments necessary or convenient to the carrying out of the purposes of this section.
(1959 Code, sec. 34-70; Ordinance 3772, sec. 1, adopted 3/22/1962; 1983 Code, sec. 28-165; Ordinance 2023-O0119 adopted 10/10/2023)
Businesses qualified for infrastructure development assistance pursuant to the provisions of City of Lubbock Resolution No. 2679 may receive whole or partial assistance in payment of the fees charged as water and sewer pro rata by terms of this article pursuant to the terms of said resolution..
(1983 Code, sec. 28-166; Ordinance 9136, sec. 1, adopted 11/19/1987)
(a) 
In the event that connection to the city sewer system is required by section 22.04.003 of this chapter and the owner of such property fails to do so within the time provided for such connection, the director of water utilities may direct such connection to be made in the interest of public health and require a lien for all expenses of such connection, including the sewer pro rata charge, to be fixed against such property.
(b) 
The director of water utilities shall give the owner of such property written notice of the date that such connection is to be made by the city and give the owner of such property a minimum of ten (10) days from the date of notice to request an opportunity to show why such connection to the city sewer system should not be made and the charges therefor assessed as a lien against the property as permitted by state law.
(1983 Code, sec. 28-167; Ordinance 9345, sec. 2, adopted 4/12/1990)
Pro rata charges for connection to the sanitary sewer system may be waived only when the following criteria are met:
(1) 
The public health officer declares the situation poses an imminent threat to the health, safety and welfare to the public;
(2) 
The waiver of the pro rata charge is only available to residences occupied by the homeowner;
(3) 
Homeowners must have an income at or below the program eligibility level contained in the emergency repair program income guidelines as established by the United States Housing and Urban Development Department.
(1983 Code, sec. 28-168; Ordinance 10131, sec. 1, adopted 1/14/1999)