Where used in this article, the following words and terminologies shall be defined as set forth herein:
Along-site main.
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.
City representative.
The person or individual designated by the city council to perform the duties and responsibilities of city representative as set forth in this article.
Connection charge.
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.
Connection charge escrow fund.
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.
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.
Individual owner.
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.
Off-site main.
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.
On-site main.
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.
Oversize cost.
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.
Oversize main.
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").
Permanent sewer main.
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.
Permanent water main.
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.
Tap fees.
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)