The city may extend water and sanitary sewer mains in the streets and alleys or easements within the city limits in order to permit connections by those persons desiring water and sanitary sewer services. A charge, known as pro rata, shall be made against each lot or tract of land, and the owner thereof, whose water line shall be hereafter connected with any water mains in the city, shall be charged the rates set out in the fee schedule in appendix A of this code.
(1984 Code, sec. 3-1-9; 1993 Code, sec. 51.46; 2006 Code, sec. 82-112; Ordinance adopting 2015 Code)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abutting foot.
Property contiguous and adjacent to a water and/or sewer line.
Approach main.
Lines required to interconnect property being developed with the existing water and sewer system.
Consumer.
The actual user of water from a city water connection.
Developed area.
An area is “developed” at such time as the city council has approved the final plat of a subdivision, and building permits have been issued.
Frontage.
Property abutting either side of a water and/or sewer line.
Off-site main.
Means the same as an “approach main.”
On-site main.
All water and sewer mains required within a subdivision.
Pro rata.
A charge made against the consumer or property owner to pay for replacement or extension of water and sanitary sewer mains as provided for in this article.
Property owner.
The record title holder of premises served with water from a connection by the city.
Service connection.
A water or sewer connection extending from the main line to serve a consumer.
Temporary line.
Any line constructed by a developer as an expedient to develop a particular area not required in the city’s ultimate development plan.
Waterworks department.
The water and sewer department of the city.
(1984 Code, sec. 3-1-9A; 1993 Code, sec. 51.45; 2006 Code; sec. 82-111; Ordinance 63, sec. 1, adopted 3/25/75)
(a) 
Authority to make extensions.
The waterworks department may extend water and sanitary sewer mains in the streets, alleys or easements within the city limits in order to permit connections by persons desiring and seeking water service and sanitary sewer service.
(b) 
Work to be performed by city or authorized contractor.
Except as otherwise specifically provided, all water and sanitary sewer main extensions provided for in this article shall be laid, constructed and installed by the city directly, or by contract made by the city, or in any other manner specified by the city council.
(c) 
Assessment of pro rata charge; rates.
(1) 
(A) 
A 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 is connected with any water main or sewer main in the city under the terms of this section,and the charge shall be at the rates established in the fee schedule in appendix A of this code, which rates are a portion of the total cost of such water and sewer mains.
(B) 
In the event the construction cost of the 12-inch line exceeds the pro rata charge provided under this section, the owner of abutting property shall pay one-half of the actual cost of installing the line. Such cost shall apply to abutting property owners on each side of the street, alley or easement where a water and sewer main is located.
(2) 
The above front-foot rates provided for in subsection (c)(1) of this section and the adopted fee schedule in appendix A of this code shall apply to property fronting on a street in areas platted into the usual rectangular lots or tracts of land, with a depth not to exceed 150 feet. Where lots or tracts have greater depth than 150 feet from the street line, and are occupied or are to be occupied exclusively as dwelling places, 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. On lots or tracts of land which extend through from one street to another, with frontage on both streets, and where the distance between the street lines is 260 feet or more, then the pro rata charges shall be paid on both frontages when a connection is secured to the lot or tract. Where lots or tracts of land are irregular in size or shape, the pro rata charges shall be based upon equivalent rectangular lots or tracts using one front foot for each 150 square feet of area, or the pro rata charges provided herein on average frontage of such tracts, whichever is smaller.
(3) 
Where lots or tracts are intended to be used for business, commercial or industrial purposes, or have a depth greater than 150 feet from the front street line, the pro rata provided for in this section shall be paid on the frontage on all streets which the property may abut, minus 150 feet frontage for each corner of the property abutting a street intersection. Should such property be resubdivided whereby water or sewer main extensions are required to serve such property, the terms of this article shall apply and additional pro rata charges shall be made based on such additional frontage.
(4) 
In addition to the pro rata charge on water and sewer mains, the property owner must pay the tap charges as established by ordinance. Where a developer extends a water or sewer line through his subdivision, and/or has paid his pro rata cost of construction of such line, such developer is exempted from additional assessment under this section.
(1984 Code, sec. 3-1-9B; 1993 Code, sec. 51.47; 2006 Code, sec. 82-113; Ordinance 63, sec. 2, adopted 3/25/75; Ordinance adopting 2015 Code)
(a) 
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 article, the city shall extend or cause to have extended, lay or construct all necessary sanitary sewer and water mains, including valves and hydrants, a distance of 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 provided for in this article. The owners of all intervening property served by the given main extensions shall be required to pay the charges provided for in this article 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 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 100-foot rule, the required extension of the main shall be figured in such a manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary water service and for which the pro rata charges thereon have been paid or credited under the terms of this article.
(b) 
An exception to the above 100-foot rule shall be made where two or more individual applicants desire water and/or sewer service and the nearest applicant is more than 100 feet from existing lines, in which case the city will extend or cause to be extended their mains upon payment of the charge due under this article, provided there is one customer for every 100 feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service.
(1984 Code, sec. 3-1-9C; 1993 Code, sec. 51.48; 2006 Code, sec. 82-114; Ordinance 63, sec. 3, adopted 3/25/75)
(a) 
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 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 set forth in section 22.06.003 on all property served by the desired main extension, and the city, when such money has been actually deposited with the city, will construct or cause to have constructed 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 pro rata cost so advanced on that particular property shall be refunded by the city to the person making the original deposit.
(b) 
Where an extension is requested by an industry or a commercial concern using large quantities of water and such industry or concern cannot meet the requirements of one customer per 100 feet of extension, such extension may be made at the discretion of the city council, provided 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 a rate of six percent per annum.
(1984 Code, sec. 3-1-9D; 1993 Code, sec. 51.49; 2006 Code, sec. 82-115; Ordinance 63, sec. 4, adopted 3/25/75)
(a) 
Where extensions of water and sewer mains are required to serve property which has been subdivided or platted for development and resale, and the final plat has been approved by the city council, the city shall construct or cause to have constructed 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.
(b) 
The developer will bear the total cost of 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 pro rata as collected by the waterworks department.
(c) 
Any refund to the developer shall not exceed the total of the pro rata charges if this means has been used to calculate the cost of water and sewer mains.
(d) 
In the event the construction cost of the 12-inch line exceeds the pro rata charge provided under this article, the owner of abutting property shall pay one-half of the actual cost of installing the line. Such cost shall apply to abutting property owners on each side of the street, alley or easement where a water and sewer main is located.
(e) 
There shall be a maximum of ten years as the period of eligibility wherein the original depositor may request a refund of pro rata payments under this article. In the event the abutting property is not developed during such ten-year period, no refund shall be made under this article. The period of eligibility shall begin as of the date of final inspection and acceptance of the extensions by the city.
(1984 Code, sec. 3-1-9E; 1993 Code, sec. 51.50; 2006 Code, sec. 82-116; Ordinance 63, sec. 5, adopted 3/25/75)
The developer will bear the total cost of on-site mains, with sizes to be determined by the city, except that the city will refund the increment of cost on water and sewer mains over 12 inches in diameter proportionately as the frontage served is connected. The increment of cost borne by the city shall be determined on the basis of the difference between the price bid for 12-inch water and sewer mains and the larger size required. In the event the bid price for mains larger than 12 inches is not considered reasonable by the city, the city will not be obligated to proceed under the terms of this article. In the event the developer’s bid price does not reflect a 12-inch installed price, the city will pay all costs in excess of the cost of a 12-inch pipe delivered to the city plus $4.50 per foot.
(1984 Code, sec. 3-1-9F; 1993 Code, sec. 51.51; 2006 Code, sec. 82-117; Ordinance 63, sec. 6, adopted 3/25/75)
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 sanitary sewer systems, the developer will bear the total cost without refund.
(1984 Code, sec. 3-1-9G; 1993 Code, sec. 51.52; 2006 Code, sec. 82-118; Ordinance 63, sec. 7, adopted 3/25/75)
(a) 
At the option of the city, as an alternative plan, a 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 article. 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.
(b) 
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 ten feet vertical. Plans and profiles shall show clearly all surface improvements, all existing or proposed subsurface utility lines and obstructions, and street and alley grades as approved by the waterworks department or city engineer. 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.
(c) 
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. All construction and installation of water and sewer mains shall be observed by inspectors of the city and all construction contracts shall be let upon the city’s approved specifications for materials and performance.
(d) 
(1) 
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 that the construction and installation of the water lines and sewer lines, or either of them, shall be observed by inspectors of the city, to see that the installation is made and tested in accordance with the plans and the city’s approved specifications, which in every instance shall be a part of the installation contract.
(2) 
Testing required by the city’s approved specifications shall be performed by a testing laboratory meeting the approval of the city.
(e) 
No installation of water and sewer mains shall be made at any other location except the dedicated street, alley or an 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 approved 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 condition and in the same manner as provided for in the approved contract documents used by the city in making of water and sanitary sewer installations.
(1984 Code, sec. 3-1-9H; 1993 Code, sec. 51.53; 2006 Code, sec. 82-119; Ordinance 63, sec. 8, adopted 3/25/75)
In the event a lift station or other special installation is required in connection with water or sewer extensions under this article, the lift station or other special installation shall be installed under separate agreements between the city and the developer.
(1984 Code, sec. 3-1-9I; 1993 Code, sec. 51.54; 2006 Code, sec. 82-120; Ordinance 63, sec. 9, adopted 3/25/75; Ordinance 89 adopted 2/1/77)
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 property or a 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 city engineer shall determine the proper charge in accord with the intent and purpose of this article.
(1984 Code, sec. 3-1-9J; 1993 Code, sec. 51.55; 2006 Code, sec. 82-121; Ordinance 89, sec. 10, adopted 2/1/77)
All property platted into lots or tracts for which final approval has been given by the city council and having existing water or sanitary sewer connections on October 1, 1974, shall be exempt from the pro rata charges for the water and sewer mains.
(1984 Code, sec. 3-1-9K; 1993 Code, sec. 51.56; 2006 Code, sec. 82-122; Ordinance 89, sec. 11, adopted 2/1/77)
Nothing in this article shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata cost against the consumers and property owners, and this article shall not be deemed in any manner to be a waiver of the city’s right to validly assess the property owners and/or consumers concerned or 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.
(1984 Code, sec. 3-1-9N; 1993 Code, sec. 51.59; 2006 Code, sec. 82-125; Ordinance 63, sec. 14, adopted 3/25/75)
No person shall acquire any vested right under the terms and provisions of this article.
(1984 Code, sec. 3-1-9O; 1993 Code, sec. 51.60; 2006 Code, sec. 82-126; Ordinance 63, sec. 15, adopted 3/25/75)
Whoever violates any provision of this article for which no penalty is otherwise provided shall be subject to the penalty provision set forth in section 1.01.009.
(1993 Code, sec. 51.99(a); 2006 Code, sec. 82-183(a))