The purpose of this article is to establish a policy for water and sewer main extensions for the city.
(1966 Code, sec. 32-68; 2001 Code, sec. 106-531)
(a)
Upon request of an applicant or group of applicants who are authorized to receive water and/or sewer service, for the purpose of this article known as “applicant,” the city may extend water and gravity sanitary sewer mains in the streets and alleys or easements within the city limits in order to permit connections by persons desiring and seeking water service and sanitary sewer service. All costs for engineering, right-of-way acquisition, construction, and other actual costs for installation of the mains will be borne by the applicant as the user of the service. All materials and construction methods for the extension must be in compliance with city standards and specifications. The applicant must provide engineering plans sealed by a state-registered professional engineer for city approval. Any required state regulatory authority approval needed for the extension must be obtained by the applicant or his agent. Construction will be inspected by the city. The water and/or sewer lines must be extended to the point on the property to be served where the applicant is to make connection for service. Public water and sewer lines (main) must be placed in the city-owned right-of-way or a city-owned easement.
(b)
When the requested extension is 100 feet or less, the applicant may request that the city perform the engineering design and construction by paying a fee established by separate ordinance.
(c)
When the requested extension is more than 100 feet or the applicant does not want the city to construct extensions of 100 feet or less or the city chooses not to construct a line upon request by an applicant, the applicant may engage a private contractor to accomplish the installation work. The applicant is responsible for the full cost of the extension of the water and/or sewer line up to and including the size line required by the service requirement of the property or eight inches in diameter, whichever is larger. If the requested extension requires use of a sanitary sewer lift station and pressure line, the lift station and pressure line must be sized to meet the service requirement of the property or the minimum size requirements imposed by state regulatory authorities, whichever is larger.
(d)
The minimum size line required for sewer and water line extensions shall be eight inches unless approved by the city engineer. Water line extensions shall conform to the size shown in the city master water plan. Water line extensions shall be looped to eliminate dead ends unless approved otherwise.
(e)
Sewer lines shall be installed at minimum grade with no more than two inches drop at manholes unless approved by the city engineer. Sewer line extensions and lift stations shall be designed to maximize system gravity capability and reduce the requirement for additional lift stations. Lift station pumps and equipment shall be installed that are interchangeable with pumps stocked and maintained by the city wastewater collection division.
(f)
Upon construction, the utility mains, lift stations, and all appurtenances shall become the property of the city with no future interest retained by the applicant.
(1966 Code, sec. 32-69; 2001 Code, sec. 106-532; Ordinance 03-2019 adopted 3/5/19)
For a water or sewer line extension of 100 feet or less where the applicant desires to pay the charges for the city to perform engineering services and construction, the applicant or his agent must pay to the city the entire sum as set forth in this article or execute a promissory note and mechanic’s lien in a form approved by the city attorney, agreeing to pay monthly installments, together with such interest rate as may from time to time be set by the city council on the remaining sum due, which installments may be included on the applicant’s water bill. The applicant shall further agree that if any installments become delinquent, the city may enforce its liens as provided by law and/or may discontinue water and sewer services to such property until the amount in default has been paid, together with a penalty of ten percent of such amount in default.
(1966 Code, sec. 32-70; 2001 Code, sec. 106-533)
If the property to be served pursuant to this article is rental or leased property, the city is authorized to refuse service on the premises until the property owner makes satisfactory arrangements with the city under the terms of this article for the extension of water and/or sewer lines.
(1966 Code, sec. 32-71; 2001 Code, sec. 106-534)
The city shall not be obligated to proceed under this article if funds are not available or if, in the discretion of the city, the extension may not be practical.
(1966 Code, sec. 32-72; 2001 Code, sec. 106-535)
Where, in the opinion of the director of public works, the property is subject to flooding or the sanitary sewer is subject to being surcharged due to infiltration of stormwaters or the premises is subject to being flooded by an overcharged sewer due to its elevation in relation to the proposed sewer line, the owner or developer of the premises shall be denied a sanitary sewer main for service, unless the owner or developer agrees to install checkvalves or backflow valves in each house sewer and agrees to indemnify fully the city and save it whole and harmless from and against any and all damages, costs, or expenses of every kind, character and nature, whether real or asserted, accruing upon or about the buildings due to the surcharge of the sanitary sewer or inadequate storm drainage. Such agreement shall be executed by the owner or developer of the property and filed in the county deed records and shall be a covenant running with the land and shall be binding on the owner, his successors or assigns.
(1966 Code, sec. 32-73; 2001 Code, sec. 106-536)
Where extensions of water and sewer systems are required to serve property which has been subdivided or platted for development and resale, water and sewer facilities may be extended to such properties on the following basis and in accordance with subdivision regulations in appendix A in this volume and the minimum standards and procedures in section 106-538:
(1)
It shall be unlawful to serve or connect any lot, tract or plot of land or any part thereof or for the use of the owner or purchaser of such land or any part thereof with water and sewer connections unless and until such plan, plot, or replot of such lot or tract of land shall conform to the platting requirements of the city and has been approved by the city Planning and Zoning Commission.
(2)
In no case will developers be allowed water and sewer connections to the city systems unless the developers and owners agree to annex the property to the city as soon as the utility systems are accepted for operation by the city.
(1966 Code, sec. 32-74; 2001 Code, sec. 106-537)
Water and sewer main extensions to serve a real estate subdivision to the city, a plat of which has been finally approved by the city Planning and Zoning Commission and filed for record, may be accomplished in the following manner:
(1)
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.
(2)
Plans and profiles submitted by the developer’s engineer shall be inked on standard 22-inch by 36-inch sheets of tracing linen. Plans and profiles shall be shown at scales of not less than one inch to 100 feet horizontal and one inch to six feet vertical. The engineer submitting the plans and profiles must be a registered professional civil engineer in the state, and he must affix his seal and signature to the tracings of all plans and profiles. The completed tracings for water and sewer facilities shall be approved by the city in accordance with the street profiles and storm sewer profiles as approved by the Department of Public Works. After plans are approved, two copies of water facility plans and specifications and two copies of sewer facility plans and specifications shall be submitted to the city. Plans shall include a copy of the plat of the addition as approved by the city Planning and Zoning Commission and recorded in the county deed records.
(3)
Upon approval of the plans by the city, the developer may enter into a contract with any qualified contractor or may himself construct the system as so planned; provided, however, that the construction and installation of the water lines and sewer lines or either of them shall be supervised by city inspectors to see that the installation is made in accordance with the plans and the city’s standard specifications which, in every instance, shall be a part of such installation contract.
(4)
No installation of water or sewer lines will be made at any other location except in a dedicated street, an alley, or an easement running in favor of the city, which shall be filed of record by the owner of such addition.
(5)
Any such installation, when accepted by the city, 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 which, in every instance, shall be a part of the installation contract. The city shall be named as one of the beneficiaries in such bond.
(6)
If the developer makes the installation himself, 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 contracts for water and sanitary sewer installations.
(7)
The city specifically reserves the option to advertise for bids but will approve such action by the developer’s engineer under satisfactory conditions. If the developer desires the city to let the contract, he must deposit with the city the total cost of all water and sewer facilities, including off-site mains, and prepare plans and specifications. The city will then construct the facilities, refund any excess money or require such additional money necessary to defray the total cost of the utilities.
(1966 Code, sec. 32-75; 2001 Code, sec. 106-538)