Where used in this article, the following words and terminologies
shall be defined as set forth herein:
Water and/or sewer mains adjacent to a lot or tract of land
also servicing adjacent property which will be connected to said main
and/or mains in the future.
The person or individual designated by the city council to
perform the duties and responsibilities of city representative as
set forth in this article.
The charge to be paid per linear foot of existing water and/or
sewer mains to connect a lot or tract of land to said existing water
and/or sewer mains which shall constitute a charge for the use of
such water and/or sewer mains in place.
A separate account established by the city into which [shall
be deposited] connection charges collected for the connection of property
or subdivisions to along-site or off-site mains constructed and paid
for after the effective date of this article (ordinance adopted July
24, 1990) by a previous individual property owner or developer and
from which refunds will be paid to said previous individual property
owner or developer.
An owner or agent of the owner subdividing and installing
utilities to serve lots or tracts for resale as homes, commercial
sites or industrial sites.
A property owner, personal or corporate, or the agent thereof,
desiring connection to existing water and/or sewer mains or the extension
of new water and/or sewer mains for service to a single lot or tract
of land not previously connected to permanent water and/or sewer mains
of a size adequate to serve the requirements of said property owner.
Water and/or sewer mains totally outside a lot or tract of
land but which must be installed to provide service to the lot or
tract of land for which connection is requested.
Water and/or sewer mains totally within or adjacent to a
lot or tract of land and serving only such lot or tract of land.
The difference between the cost of the oversize main as constructed
and the estimated cost of the actual size (not less than 8") required
to adequately serve the property or development, based upon the then-current
unit costs of the sizes of mains and appurtenances plus engineering.
Any water and/or sewer mains required to be constructed by
the city representative and which are larger in size than those actually
needed to adequately serve the property or subdivision being served
but not less than eight inches (8").
A sanitary sewer main 6 inches or larger in diameter installed
in the proper location to serve a lot or tract of land for which a
connection request has been made.
A water main 2 inches or larger in diameter installed in
the proper location to serve a lot or tract of land for which a connection
request has been made.
The charges to be paid for each service tap installed and
made by the city for connection of residences, buildings or structures
to water and/or sewer mains. The tap shall include the service line
from the main to the property line or water meter and the water meter
and box.
(2000 Code, sec. 25-61)
Any person, firm or corporation violating any provision of this article, or causing same to be violated, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine as provided in section 1.01.009 of this code, and each and every violation of the provisions of this article shall constitute a separate offense.
(2000 Code, sec. 25-80)
(a)
Generally.
Connection of property to existing water
and/or sewer mains shall be permitted to be made to serve only lots
or tracts which have been properly subdivided and platted for development
in compliance with the subdivision regulations of the city and for
which a plat with accompanying dedication deed has been approved and
filed for record, unless such connections are otherwise specifically
permitted and approved by the city council.
(b)
Connection by individual owner.
Where an individual
owner requests connection of a single lot or tract to an existing
permanent water and/or sewer main said individual owner shall pay
to the city the appropriate tap fees plus the connection charges as
set forth below.
(1)
Where the connection is to be made to a permanent on-site main the
connection charge shall be as set forth in the master fee schedule.
(2)
Where the connection is to be made to an existing permanent along-site
main the connection charge shall be as set forth in the master fee
schedule.
(3)
Where the connection is to be made to an existing permanent on-site
or along-site main of size adequate to serve the requirements of the
individual owner of a lot or tract of land for which pro-rata water
and sewer payments have been previously made in full or for which
the actual construction cost for the main has been paid by a previous
owner or developer of the lot or tract for which connection is requested,
the individual owner shall not be required to pay a connection charge
but shall pay only the appropriate tap fee or fees and utility account
deposit or deposits.
(4)
Where the individual owner requires service greater than can be provided through an existing water and/or sewer main, whether permanent or not, the individual owner shall provide water and/or sewer mains adequate to serve his requirements by the methods set forth in section 13.03.004 of this article, with no credit given for the existing water and/or sewer mains.
(c)
Connection by developer.
(1)
Where water and/or sewer mains exist in a street, alley or easement
in or along an area or tract of land to be subdivided and developed
for resale, before extension from or connection to such lines shall
be made by a developer, he shall pay to the city a connection charge
as set forth in the master fee schedule.
(2)
Where the developer requires water and/or sewer mains larger and/or deeper than existing mains, the developer shall provide for water and/or sewer mains adequate to serve his requirements by the methods set forth in section 13.03.004 of this article, with no credit given for the existing water and/or sewer mains.
(2000 Code, sec. 25-62; Ordinance 23-3746 adopted 5/23/2023)
(a)
Generally.
Extensions of water and/or sewer mains will
be permitted to be made to serve only lots or tracts which have been
properly subdivided and platted for development in compliance with
the subdivision regulations of the city and for which a plat with
accompanying dedication deed has been approved and filed for record,
unless such extensions are otherwise specifically permitted and approved
for construction by the city council.
(b)
Extensions for individual owners.
Where extensions of water and/or sewer mains are required to serve lots or tracts of land owned by individual owners, such extensions shall be provided for by said individual owners in the same manner as set forth in subsection (c) of this section. Where the term “developer” is used in subsection (c) of this section it shall also mean “individual owner” regarding extensions for single lots or tracts of land for which connection requests by individual owners have been made.
(c)
Extensions for developers.
(1)
Where extensions of water and/or sewer systems are required to serve
property which has been subdivided or platted for development and
resale, water and/or sewer facilities may be extended to such properties
on the following basis and in accordance with minimum standards and
procedures described below. Where property has been subdivided or
platted for development and resale, the developer shall lay, install
and/or construct water and/or sanitary sewer lines on all of the subdivided
or platted property at the same time. The sizes, gradients, locations
and depths of water mains and sewer mains and their appurtenances
shall be determined by the city representative.
(A)
On-site mains.
The developer shall defray the
entire cost, including engineering, of on-site mains up to and including
eight-inch or larger sizes required to adequately serve the property
being developed. Any oversize costs will be paid by the city upon
acceptance of the completed system by the city.
(B)
Along-site mains.
The developer shall defray the entire cost, including engineering, of along-site mains up to and including eight-inch or larger sizes required to adequately serve the property being developed. Any oversize costs will be paid by the city upon acceptance of the completed system by the city, and refunds made as connection charges are collected for connections to such along-site mains by adjoining property as set forth in section 13.03.010 of this article.
(C)
Off-site mains.
The developer shall defray the entire cost, including engineering, of off-site mains which are required to adequately serve the property being developed. Any oversize costs will be paid by the city upon acceptance of the completed system by the city. All other costs will be refunded at a prorated value per linear foot of such off-site mains as the property along or through which they pass is developed until all costs, including engineering, for such off-site mains are refunded to the property owner or developer who originally constructed such off-site mains as set forth in section 13.03.010 of this article.
(2)
Methods by which water and sewer mains for subdivisions or developments
may be constructed.
(A)
Water and sewer main extensions to serve a real estate subdivision
or addition to the city, the plat of which has been finally approved
by the city, filed of record, and properly annexed, may be accomplished
in the following manner:
(i)
By private contract.
a.
Upon approval by the city, a developer of a subdivision or an
addition may 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. The sizes,
gradients, locations and depths of water mains and sewer mains and
their appurtenances shall be designed to adequately serve adjoining
areas subject to development and shall conform to the requirements
for system networks for the general area. The developer’s engineer
should confer with the city representative to determine these criteria
prior to the design and preparation of construction plans.
b.
Plans and profiles submitted by the developer’s engineer
shall be prepared on standard 24" x 36" sheets of tracing paper. Plans
and profiles shall be shown at scales of 1" to 50' horizontal and
1" to 5' vertical. The engineer submitting the plans and profiles
must be a registered professional civil or sanitary engineer licensed
to practice in the state, and he must affix his seal and signature
to each tracing of all plans and profiles. The completed tracings
for water and sewer plans and profiles shall be submitted to the city
representative for approval, accompanied by two copies of the plans
and profiles of the storm sewers and street grades as approved by
the city representative and one 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, these tracings will be returned to the developer’s
engineer for the purpose of making such prints as he may require.
Two copies of the final plans, specifications and profiles, together
with the reproducible tracings, shall be submitted to the city representative,
to become part of the permanent files of the city.
c.
Upon approval of the plans by the city representative, all plans
and profiles, along with the city’s standard specifications,
shall be submitted to the department of state health services, state
commission on environmental quality or other appropriate state agency
having jurisdiction for approval.
d.
Upon approval of the plans by the city representative and appropriate
state agencies, the developer may begin the procedures for construction
of the extensions.
e.
Where off-site and/or oversize water and/or sewer mains are
to be constructed which will involve cost participating or refunds
by the city, the developer shall follow the same bidding procedures,
including legal advertising, bidding, bonding and other requirements
required by law for municipalities, as though the city were constructing
said extensions. Complete records of all such bidding procedures shall
be kept by the developer and copies of said records provided to the
city representative. Should the developer desire to personally construct
said off-site and/or oversize mains, he shall submit a bid in the
same manner as other bidders for the extensions. The developer shall
award a contract based on the lowest and best bid submitted, which
bid shall be approved by the city.
f.
Upon completion of the bidding procedures, the developer may
enter into a contract with any individual or himself to 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 the inspectors for the city 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 said installation contract.
g.
When the project is ready for construction, line and grade stakes
shall be set by a registered professional engineer or licensed public
surveyor; but these stakes shall not be set until after the developer’s
surveyor has properly staked on the ground iron pins on all points
of curves, all points of tangency, all block corners and all lot corners
within the subdivision, in accordance with the city subdivision regulations.
h.
No installation of water mains or sewer mains shall be made
at any other locations except a dedicated street or alley or an easement
or both running in favor of the city, which shall be furnished and
filed of record by the developer of said 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 performance, payment and maintenance
bonds such as the city uses in its standard specifications and as
required by law, which, in every instance, shall be part of said installation
contract. The city shall be named as one of the obligees in such bonds.
i.
In the event the developer makes the installation himself, then
he shall furnish said performance, payment and maintenance bonds 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 contracting for the construction of water and sanitary sewer installation.
j.
Off-site mains. Off-site water and/or sewer mains required to
provide service to the property being developed must be provided for
and/or constructed by the developer through a private contract as
set forth above.
(ii)
By city contract (for on-site and along-site mains).
A developer of an addition or subdivision may deposit with the
city the total estimated costs of on-site and along-site water and/or
sewer mains required to serve the property being developed. The total
estimated cost shall include estimated construction cost plus 20%
for contingencies and engineering. Upon deposit of the required funds,
the city will construct such mains and upon determination of final
completion cost will refund any excess amount deposited or require
of such developer additional funds required to defray the entire cost
of the project. Where the city furnishes the engineering required
for the project, a charge of eight percent (8%) of the final construction
cost shall be made against the developer for such engineering and
shall be included in the final completion cost.
(3)
All right-of-way necessary for the installation of the proposed water
and/or sewer mains shall be furnished by the developer in favor of
the city.
(4)
Any developer desiring to make the installation of water and sewer lines, or either of them, shall file a letter in writing with the city representative stating that he elects to make the installation under the terms and provisions of this article, which said letter when received and accepted by the city shall then be binding upon both parties, i.e., the city and the developer, providing all financial and other requirements as set forth in this section and in section 13.03.008 have been met.
(2000 Code, sec. 25-63; Ordinance
adopting Code)
A licensed contractor that has received the requisite permits
from the city may install and maintain all sewer taps from the city
sewer main to the nearest property or easement lines, both inside
and outside of the city limits.
(2000 Code, sec. 25-64; Ordinance 23-3746 adopted 5/23/2023)
(a)
The city shall install and maintain all water service taps in the
streets, alleys and easements, both inside and outside the city limits,
and shall charge for the installation and maintenance of all such
service taps a sum sufficient to cover the average cost thereof; such
sum is to be determined and collected by the water and sewer department
and shall be as set forth in the master fee schedule.
(b)
For service taps larger than two inches in diameter:
(1)
An estimate of the cost for all service taps larger than two inches
(2") in diameter will be furnished by the city representative, and
a deposit of the estimated amount will be required before work is
started on the installation of such tap, the final cost to be adjusted
upon completion of the work. Should the final cost of the work exceed
the amount of the deposit, a statement showing the amount of the excess
will be furnished to the party or parties having made the deposit,
and a copy of same, constituting notice that the excess amount is
due, shall be furnished to the contractor or owner of the property
to which service is being extended. Upon failure to receive prompt
payment of any excess amount due on such estimates, the city representative,
at his option, may refuse or discontinue water service to the property
until full payment has been made for the work performed.
(2)
In the event that upon completion of the work for which deposit
has been made the final cost is less than the amount of estimate or
deposit, a refund of the amount of over-payment will be made to the
party or parties from whom the deposit was received.
(c)
The charges as set forth in the master fee schedule, and the estimates
of cost of all service taps larger than two inches (2") in diameter,
shall include all costs incident to making the installation of the
service tap required. The street department shall make the necessary
pavement repairs, the cost of same to be included in the cost figures
as above enumerated.
(d)
There shall also be paid with and in addition to the water tap fee
a utility account deposit, the amount of which shall be determined
by the type of property use served. The utility account deposits shall
be as set forth in the master fee schedule.
(e)
Costs set out herein shall apply for connections to property inside
and outside the city limits.
(f)
The city will maintain, at its own expense, and at their original
sizes, all services from the main to the meter so long as the consumer
continues the use thereof. Whenever use of a service is abandoned
by the consumer, this obligation to maintain the service shall cease.
(Ordinance 06-3472 adopted 9/26/06; Ordinance
23-3746 adopted 5/23/2023)
(a)
Annual rate determination and adjustment.
The rates and prices set forth in sections 13.03.003, 13.03.005 and 13.03.006 of this article shall be reviewed periodically and when considered appropriate by the city staff, with such adjustments being made to such rates and prices as are necessary to incorporate the then-current prevailing costs of construction of the items of extensions involved. The revisions resulting from such review shall then be presented to the city council for consideration and adoption.
(b)
Method of rate determination.
Water and sewer connection
charges shall be calculated such that the charges shall include the
costs of all mains required to serve a typical 600' length block having
service connections on each side of any alley running lengthwise through
the block. The cost per linear foot of water or sewer main shall be
the total estimated costs of all such required to serve a typical
600' length block divided by 600 feet. These rates shall be charged
as follows:
(1)
For on-site mains: 100% of calculated connection charge times the
total length of the main across from or abutting the lot or tract
of land for which the connection is requested.
(2)
For along-site mains: 50% of calculated connection charge times the
total length of the main abutting the lot or tract of land for which
the connection is requested.
(2000 Code, sec. 25-66; Ordinance 23-3746 adopted 5/23/2023)
(a)
Upon approval of the city of a specific water and/or sewer extension
to serve a lot, a tract of land, an addition or a subdivision, the
construction of such water and/or sewer extension may proceed in accordance
with the terms of this article, providing funds have been made available
for engineering and construction.
(b)
In no event shall the city be obligated to proceed under the terms
of this article if funds are not available or if in the discretion
of the city council the extensions may not be practical.
(2000 Code, sec. 25-67)
(a)
Water and sewer utility fund.
(1)
Monies collected as connection charges for connections to on-site
water and/or sewer mains shall be deposited in a water and sewer utility
fund or funds established for the maintenance and construction of
water and sewer system mains and facilities.
(2)
Monies collected as tap fees shall be deposited in a water and sewer
utility fund or funds established for the installation and maintenance
of such taps.
(b)
Water and sewer construction fund.
Monies collected
as deposits for the construction of water and/or sewer main extensions
shall be deposited in a water and sewer construction fund established
for the funding of water and/or sewer main extensions.
(c)
Off-site and along-site escrow fund.
Monies collected as connection charges for connections to off-site and/or along-site water and/or sewer mains, which charges are to be refunded as set forth in section 13.03.010, shall be deposited in a special escrow fund established for refundable monies and designated as the connection charge escrow fund.
(2000 Code, sec. 25-68)
(a)
Refunds due to future development and/or connections will be made
for the costs of off-site mains and a portion of the costs of along-site
mains when the tracts through or along which they pass are connected
for service. Such refunds will be paid to the owner or developer who
initially defrayed the cost of the main to which connection is made
and shall be in the amount collected for the tract so connected; except,
however, in no case shall total refunds exceed one-half of the total
original cost of the along-site main or the total original cost of
the off-site main to which the connection is made, whichever the case
may be.
(b)
Except as otherwise provided, all refunds provided for in this article
shall be made on November 1 and May 1 of each year, and shall include
funds then accrued to the credit of the developers and others. The
city shall never be liable for payment of interest on any deposits,
payments or refunds provided for herein.
(2000 Code, sec. 25-69)
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. In case a lot or a tract of land is
so situated or shaped that the terms of this article create an inequitable
basis as between it and other tracts of land in the city, then, in
that event, the city council shall determine the proper charges in
accord with the intent and purpose of this article. No person shall
acquire any vested rights under the terms and provisions of this article.
(2000 Code, sec. 25-70)
This article shall not affect or change any agreement or contract
for providing water and sewer services which was entered into by the
city on or before the effective date of this article (ordinance adopted
July 24, 1990).
(2000 Code, sec. 25-71)
All lots, tracts of land, additions and subdivisions which are
not connected to existing permanent water and/or sewer mains or for
which water and/or sewer mains must be constructed shall be subject
to the terms of this article except as set forth below.
(2000 Code, ch. 25, art. III, div. 2 (intro))
Where areas located in a previously developed section of the
city are proposed for redevelopment into a use which requires additional
or larger water and/or sanitary sewer mains, the city council may
elect to share the costs of such improvements and to adjust connection
charges as it may deem to be appropriate and in the best interest
of the city as an encouragement for such redevelopment.
(2000 Code, sec. 25-76)
Property which has been previously connected to existing permanent water and/or sanitary sewer mains but the improvements of which have been abandoned or cleared from said property and for which said water and/or sewer service has been disconnected may, at the discretion of the city council, be exempted from the connection charges set forth in section 13.03.003 where reconnection to said existing permanent water and/or sanitary sewer mains will adequately serve said property. However, said property shall be subject to all tap fees and account deposits.
(2000 Code, sec. 25-77)
(a)
All properly platted property which was in the city limits as of the first (1st) day of March, 1965, and which is served by adequate water and sewer mains shall be exempt from the terms of this article except as set forth in sections 13.03.012 and 13.03.043 of this article. All unplatted property which was in the city limits as of the first (1st) day of March, 1965, and which is served by adequate water and sewer mains shall comply with the requirements of the subdivision regulations of the city in order to be connected to said mains but shall be exempt from the terms set forth in section 13.03.003 except section 13.03.003(b)(4) and section 13.03.003(c)(2).
(b)
All property, platted or unplatted, which was in the city limits
as of the first (1st) day of March, 1965, but which requires an extension
to be made for connection to either water or sewer, or both, shall
be subject to the terms of this article and shall comply with those
terms in order to receive and be connected to such water and/or sewer
service.
(2000 Code, sec. 25-78)
In the event the use of said property described in section 13.03.043 or section 13.03.044 requires water and/or sewer mains larger and/or deeper than existing mains, the developer of said property may, at the discretion of the city council, be required to provide for the larger and/or deeper water and/or sewer mains adequate to serve his requirements by the methods set forth in section 13.03.004, with no credit given for the existing water and/or sewer mains.
(2000 Code, sec. 25-79)
