The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Consumer.
The actual user of water from a city water or sanitary sewer connection.
Front footage.
That portion of a lot or tract of land facing on either side of a water or sewer main on which pro rata is to be paid.
Property owner.
The record title holder of premises served with water or sanitary sewer from a connection by the city.
Pro rata.
A front footage charge made against the consumer, developer or property owner to pay for the installation of water and sanitary sewer mains as provided for in this division.
Standard size sewer main.
A sewer main eight (8) or more inches in diameter, as required by the area served.
Standard size water main.
A water main eight (8) or more inches in diameter as required by the area served.
Water department.
The water department of the city.
(Ordinance 5187 adopted 11/3/03)
(a) 
Water and sewer mains existing within the city limits on October 1, 1964, are exempt from this division except those receiving special treatment by this division. Special treatment for the sewer line on the east and west sides of Highway 75 North and the water main on the west side of such highway, insofar as the water and sewer mains recently installed by Elm Fork Construction Company are concerned, is hereby defined as follows: The owner of each separately owned structure existing on October 1, 1964, adjacent to the installed mains, shall be entitled to water and sewer service to such structure, by applying for, securing, and installing water or sewer service or both, within thirty (30) days after such date, without paying any pro rata charge, but by paying the usual and customary tap fee, but in no event shall the size of the tap be for more than is necessary for the existing structure. The water main tap will be no more than one (1) inch and the sewer main tap will be no more than six (6) inches.
(b) 
A map showing structures existing on October 1, 1964, entitled to special treatment under this section is on file in the city clerk’s office and shall govern any application hereunder.
(c) 
Any change in usage by the addition or extension of the present facilities, or a subdivision of the land, will require that the front footage pro rata charge be paid to the city. Any attempt to extend a use permitted hereby will justify, authorize and require a cutoff of the services by the city, and compliance with this division.
(Ordinance 5187 adopted 11/3/03)
This division shall provide a flexible charge equivalent to fifty (50) percent of the actual construction cost of lines up to and including the standard eight-inch size water and/or sewer lines, and shall otherwise regulate and define pro rata charges.
(Ordinance 5187 adopted 11/3/03)
The water department, or, at the option of the city, a developer or contractor, may extend water and sanitary sewer mains in the streets and alleys or easements within the city, or in the extraterritorial limits in order to permit connection by persons desiring and seeking water service and sanitary sewer service.
(Ordinance 5187 adopted 11/3/03)
(a) 
A front foot charge, which shall be known as the “pro rata,” shall be made against each lot or tract of land, and the owner thereof, whose water or sewer line shall be hereafter connected with any water or sewer mains in the city, or in the extraterritorial limits, and the charge shall be at the following rates, which rates are a portion of the total cost of such water and sewer mains:
(1) 
Generally.
Fifty (50) percent of the current front footage installation cost of an eight-inch standard size water or sanitary sewer main and appurtenances, or fifty (50) percent of the current front footage installation cost of the size water or sewer main, as determined by the city to adequately serve the lot, tract, or development. The current pro rata charge for one-half the cost of a standard eight-inch water main with appurtenances shall be fifteen dollars ($15.00) per foot. The current pro rata charge for one-half the cost of a standard eight-inch sewer main with appurtenances shall be thirteen dollars ($13.00) per foot. The pro rata charge for water and sewer mains may be changed to reflect any increase or decrease in current construction costs upon the recommendation of the city engineer and the approval of the city council.
(2) 
Frontage on both streets.
On lots, tracts of land, or developments which extend through from one (1) street to another, with frontage on both streets, the pro rata charges herein provided for shall be paid on both frontages when a connection is secured to the lot, tract, or development. To secure water and sewer service an owner may advance and pay to the city the entire pro rata cost as set forth in this division; the city, when such money has been actually deposited with the city, will construct the desired water or sewer main along the street, alley, or easement. When any property for which such person has advanced the pro rata cost is connected to such main extension, then, in that event, one hundred (100) percent of the pro rata collected on that particular property shall be refunded by the city to the person making the original deposit.
(b) 
In addition to the pro rata charges on water and sewer mains, the property will be required to pay the regular tap charges as established by ordinances of the city.
(Ordinance 5493 adopted 10/15/07)
The intent and purpose of this division 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 the city on a front foot basis. In case property or tract of land is so situated or shaped that the front foot rules create an inequitable basis as between it and other tracts of land in the city, then in that event, the director of utilities and engineering and the city engineer shall determine the proper charge in accordance with the intent and purpose of this division.
(Ordinance 5187 adopted 11/3/03)
(a) 
Generally.
(1) 
Upon request of the owner, or his agent, of a given lot or tract of land, accompanied by the payment of the charges due under this division, the city shall extend, lay and construct all necessary sanitary sewer and water mains, including valves, hydrants, and other appurtenances, a distance of one hundred (100) feet, plus the distance across the frontage necessary to provide the service for which application has been made. The applicant to be served shall be required to pay the charges herein provided for. The owners of all intervening property served by the given main extension shall be required to pay the charges provided for herein at such time as their property is connected to the mains thus laid. Where an applicant for service secures an extension and service under this particular option for a main extension, he shall pay the pro rata charges on all property owned by him and which is served by the requested extension. In applying the one-hundred-foot rule, the required extension of the main shall be figured in such a manner as to leave out of the calculation that portion of any main adjacent to property already having other than a temporary water service and for which the pro rata charge thereon has been paid or credited under the terms of this division.
(2) 
An exception to the above one-hundred-foot rule shall be made where two (2) or more individual applicants desire water and/or sewer service and the nearest applicant is more than one hundred (100) feet from existing lines, in which case the city will extend their mains upon payment of the charge due under this division, provided there is one (1) customer for every one hundred (100) feet of such extension, excluding street intersections and that portion of the extension adjacent to the property already having other than temporary water and/or sewer service.
(b) 
Optional method.
At the option of the city, the following method for extending water and sewer mains may be used where the applicant’s property is more than one hundred (100) feet from an existing water or sewer main. This method shall be available only for use by an individual owner, person or corporation to secure water and sewer service for the individual’s residence or place of business. Where eligible for this option, the owner may advance and pay to the city the entire pro rata cost as set forth in this division on all property served by the desired main extension, and the city, when such money has been actually deposited with the city, will construct the desired water or sewer main along the street, alley or easement. When any property for which such person has advanced the pro rata cost is connected to the main extension, then, in that event, the percentage of the pro rata cost so advanced on that particular property shall be refunded by the city to the person making the original deposit.
(c) 
Extension for industry or commercial concern.
When an extension is requested by an industry or commercial concern using large quantities of water, such extension may be made at the discretion of the city council provided forty (40) percent of the estimated annual revenue from such customer will support interest and principal payments on a ten-year loan, covering the cost of such extension, such loan bearing interest at the going rate per annum.
(Ordinance 5187 adopted 11/3/03)
(a) 
Where extensions of water and sewer mains are required to serve property which has been subdivided or platted for development and resale, the city will construct such mains upon deposit of the total cost of such extensions, including the cost of approach mains fronting property not owned by the developer, but necessary to connect the area for which application is made with the city water and sewer system. The developer will bear the total cost for the construction of off-site or approach mains required to interconnect property to be developed with existing mains, the sizes to be determined by the city, and with the only refunds to be the percentage of pro rata as collected by the water department, and any overage above the standard eight-inch size main or the size main as determined by the city to adequately service the addition. Any refund to the developer shall not exceed one hundred (100) percent of the then cost of construction. There shall be a maximum of twenty (20) years as the period of eligibility wherein the original depositor may receive a refund 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.
(b) 
The developer will bear the total cost of on-site mains, with sizes to be determined by the city, except the city will refund the increment of cost on water and sewer mains over eight (8) inches in diameter proportionately. Exception: In case a main larger than eight (8) inches is required to serve the addition itself, in which case the city will pay the increment cost of any water or sewer main larger than that required to serve the development. The increment of cost borne by the city shall be determined on the basis of the difference between the price bid for eight-inch mains and the larger sizes required provided that in the event the bid price for mains larger than eight (8) inches is not considered reasonable by the city, the city will not be obligated to proceed under the terms of this division.
(c) 
Where temporary lines are constructed as an expedient to develop a particular area, such as across easements within the subdivision of which no frontage can be connected, or where sewers are constructed which otherwise are not required in the ultimate plan of development for the sanitary sewer system, the developer will bear the total cost without refund.
(d) 
At the option of the city, as an alternative plan, the developer may be permitted to pay for the total cost of installation of water and sewer extensions as provided for in this section in lieu of paying the pro rata charge provided for in this division. Upon approval by the city, a developer of an addition or plat shall design and prepare construction plans of water and sanitary sewer facilities, or either of them, to serve the subdivision, including any access or off-site facilities that may be required. These plans shall conform in all details to the city’s standards as to the design, grade, location, size and quality of materials and construction. Plans and profiles submitted by the developer’s engineer shall be inked on standard twenty-four-inch by thirty-six-inch sheets of drafting linen. Plans and profiles shall be shown at scales of not less than one (1) inch to one hundred (100) feet horizontal, and one (1) inch to six (6) feet vertical. Plans and profiles shall show clearly all surface improvements, and all existing or proposed subsurface utility lines and obstructions, and street and alley grades as approved by the water department superintendent and/or city engineer. The engineer approving the plans and profiles must be a registered professional civil engineer in the state, and he must affix his seal and signature to the drawings of all plans and profiles. The completed drawings for water and sewer plans and profiles shall be submitted to the water department superintendent and city engineer for approval, accompanied by two (2) copies of the plans and profiles of the storm sewers and street grades as approved by the city engineer and one (1) copy of the plat of the addition that has been recorded in the records of the county and has been so stamped. Upon final approval by the council, the drawings will be returned to the developer’s engineer for the purpose of making such prints as he may require, after which the drawings shall be returned to become the permanent property of the city.
(1) 
When the project is ready for construction, line and grade stakes will be set by the developer’s engineer; but these stakes will not be set until after the developer’s engineer has properly staked on the ground with iron pins all points of curves, all points of tangency, all block corners, and all lot corners within the subdivision.
(2) 
All construction contracts shall be let upon specifications for materials and performance, required by the city.
(3) 
Upon approval of the plans by the city, the developer may enter into a contract with any individual or may himself construct the system as so planned; provided, however, that the construction and installation of water lines and sewer lines, or either of them, shall be approved by inspectors of the city, who shall see that the installation is made in accordance with the plans and the city’s required specifications, which, in every instance, shall be a part of the installation contract. No installation of water or sewer mains shall be made at any location except within the dedicated street, alley, or easement running in favor of the city, which shall be filed of record by the owner of the addition. Any such installation when made shall become the property of the city, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a performance bond such as the city uses in its standard specifications and contract documents. In the event the developer makes the installation himself, then he shall execute a performance bond in favor of the city in the same form and conditioned in the same manner as provided for in the standard contract documents used by the city in making water and sanitary sewer installations. Every administrative procedure, before all administrative officers and agencies, must be complied with before any review by the city council.
(e) 
In the event a lift station or other special installations are required the same shall be installed under separate agreement between the city and the developer.
(Ordinance 5187 adopted 11/3/03)
Except as otherwise specifically provided, all water and sanitary sewer main extensions provided for in this division shall be laid, constructed and installed by the city directly, or by contract made by the city.
(Ordinance 5187 adopted 11/3/03)
Nothing in this division shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata cost against the consumer and property owner, and this division shall not be deemed in any manner to be a waiver of the city’s right to validly assess the property owners and consumers concerned for cost of the installation of standard size water and sewer mains and to fix and enforce liens against such property, all of which may be done as provided by ordinance in the manner prescribed by law.
(Ordinance 5187 adopted 11/3/03)
(a) 
One hundred (100) percent of the pro rata collected by the water department from persons tying onto water or sewer mains will be refunded to the developer or person fully paying for the initial construction.
(b) 
In the event that any owner, developer, or applicant shall, at his own expense and at the request or permission of the city, lay a water or sewer main in excess of the size herein specified, or in excess of the size required to adequately serve the development, then such owner, developer, or applicant shall be entitled not only to the regular pro rata refund herein specified, but also to a full refund represented by the excess of such cost over the cost of a standard installation of the size required to serve the development.
(Ordinance 5187 adopted 11/3/03)
The pro rata fund created hereby shall be used by the city for the following purposes, and none other:
(1) 
For the construction of additional water and sewer mains, or the extension thereof, by the city.
(2) 
For the participation by the city with the owners and/or developers in the construction by oversize water and sewer mains.
(3) 
Refunds to owners and/or developers when the owners or developers pay all or part of the construction costs of a standard size main, and where such new main is constructed adjacent to intervening property between the current terminus of the water or sewer mains, and the property developed shall never exceed the actual cost of construction of the standard size water and sewer mains. No person, owner, or developer shall ever be entitled to any of the pro rata funds, except according to the front foot rules hereby established for such charges made and collected against the owners of property fronting on the facility installed and at a one hundred (100) percent rate of pro rata collection.
(Ordinance 5187 adopted 11/3/03)