As used in this article, the following terms shall have the respective meanings ascribed to them:
Consumer.
Shall mean the actual user of water or sewerage from a city water and sewerage connection.
Meter.
Shall mean the water meter, and sewer meter outside of city, installed to measure flow of water.
Property Owner.
Shall mean the record title holder of premises served with water or sewer from a connection by the city.
Pro Rata.
Shall mean lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines as provided for in this article.
Pro Rata Contract.
Shall mean a contract executed between the city and the person who financed a water and/or sewer extension, in order that the original investor may recover a portion of such investor's cost of water or sewer line if other property owners adjacent to the line make connections to said line.
Sewer Service Line.
Shall mean a line extending from the main sewer line to the building connection.
Standard Size Sewer Main.
Shall mean a sewer main eight inches (8") in diameter.
Standard Size Water Main.
Shall mean a water main eight inches (8") in diameter.
Water Department.
Shall mean the department of the city having charge of the water system and sewer system.
Water Service Line.
Shall mean a line extending from the water meter to the main water line.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.501; Ordinance 1377-00 adopted 9/19/00)
(a) 
Collection of Pro Rata Line Charges.
Upon application, the water department will permit connection to existing water or sewer lines within the city. If a developer has oversized or constructed a water or sewer main or line to which the applicant desires to connect, a pro rata line charge will be made against each lot or tract of land in order to recover lot or acreage fees to be placed in trust funds for purpose of reimbursing such developer. The amount of the pro rata line charge shall be determined by the master fee schedule adopted by the city council and amended from time to time by appropriate resolution.
(1) 
Where an individual owner, person, corporation, or developer has financed the construction of water and/or sewer mains, a pro rata repayment contract may be executed between the city and the individual owner, person, corporation, or developer and the money received from the collections of the pro rata charge will be collected by the city, then paid to the original investor.
It is specifically provided herein, that in cases where unusual conditions are determined to exist, the city council may by resolution enter into a pro rata repayment contract with an individual owner, corporation, or developer who has sponsored the extension of a water and/or sewer main, under which repayment to such sponsor may be made on a basis of actual cost, even though such cost might increase the front foot rates prescribed herein, but in no event shall any such repayment contract prescribe any less front foot cost than those set out herein.
(2) 
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 two hundred-sixty feet (260') or more, the pro rata charges herein provided for shall be paid on both frontages when a connection is secured to the lot or tract.
(3) 
Collection of assessment charges and/or mechanics contracts: It is specifically provided that no department of the city shall be required to make water and sewer connections to any property upon which there has been levied an assessment or any mechanic's lien contract is in existence for water or sewer improvements unless:
(A) 
The assessments or liens levied against such property have been fully paid and satisfied, or
(B) 
The property owner requesting such connections shall enter into an agreement and contract with the city providing that such property owner shall pay any such assessment or lien in full, setting out the terms and conditions under which such assessment or lien is to be paid, authorizing the billing of the payments to be made upon such assessment or lien in the monthly statements to such property owner for water or sewer service, which contract and agreement shall specifically authorize the discontinuance of water and/or sewer service in the event of default in any payment upon such assessment or lien. The water department is specifically authorized to include in the water and sewer statements submitted monthly to such property owner upon such assessment or lien and, in the event of default in any such payments, to discontinue water and sewer service, either to both, to the property subject to any such contract or agreement.
The terms and provisions contained in this subsection, shall be deemed alternate methods for the collection of water and/or sewer assessments, and shall be cumulative of all other laws or ordinances on the same subject matter, and in no event shall it be construed as constituting an election of remedies by the city or so as to limit the city to any exclusive method of collection of such assessments
(b) 
Exemption of certain properties from pro rata charge.
(1) 
Any person who resides in a community development target area who is also eligible for a rehabilitation grant under the city's community renewal program shall be exempt from the payment of pro rata line charges required hereinabove if the water or sewer line to which the applicant wishes to connect has been constructed in full or in part with funds derived from any federal grant-in-aid program.
(2) 
Nothing contained herein shall be construed to exempt any person from any other charge required in this code, including, but not limited to, meter and service line charges.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.502; Ordinance 1377-00 adopted 9/19/00)
In addition to the pro rata charge on water and sewer mains, the property owner or builder must pay the charges as established by the city.
(1) 
Water service charges shall be:
(A) 
It shall be the responsibility of the city to furnish water meter, meter tail, meter gaskets, meter box and tapping the existing water main. Water taps larger than two inches (2") shall be responsibility of builder, developer, or owner. These charges are as provided for in the fee schedule found in the appendix of this code.
(B) 
It shall be the responsibility of the property owner or builder to make the water service extension to the desired property line location, which includes furnishing all material, equipment, and labor necessary to convey the water from the tap, (installed by the city) to the desired property line where meter box is to be located. This work will include excavations needed to expose the water main for tapping, arrangements for boring and/or street cuts, if necessary, and returning work area to an acceptable standard of appearance as required by the city. Work occurring on predeveloped areas, must be restored to original condition, including sodding if required.
(C) 
Each living unit that is to be sold independently in fee simple shall have a separate water service.
(2) 
The charge for all sewer connections shall be as provided for in the fee schedule found in the appendix of this code.
(A) 
It shall be the responsibility of the city to perform all tapping procedures on existing sewer mains.
(B) 
It shall be the responsibility of the property owner or builder to make all arrangements for material, equipment, labor and/or special service required to make the extension from the tap on the sewer main to the desired property line location. Responsibilities also include boring, excavation, and/or exposing the sewer main for tapping by the city. Work occurring on predeveloped areas must be restored to original condition, including sodding if required.
(C) 
Each living unit that is to be sold independently in fee simple shall have a separate sewer service.
(3) 
All construction on public right-of-ways performed by the property owner, builder, and/or contractor shall be subject to inspection during construction by the proper authorities of the city and shall be constructed in accordance with the standard specifications approved by the city council.
(4) 
All construction on public right-of-ways must adhere to the regulations of the city regarding excavations in or blocking of streets and street barricading standards.
(5) 
Water and/or sewer connections shall be subject to additional installation charges arising from extenuating installation circumstances.
(6) 
A developer of subdivision may install water and sewer service lines at such developer's own expense, if such developer so desires, under the direction and supervision of the city.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.503)
Where an existing water main or sewer line lies in a street, alley, or easement in or along an area or tract of land to be subdivided and developed for resale, before extensions from or connections to such line will be made by a developer, he shall pay to the city the pro rata cost of the water line and sewer line. Should a main lie along the subdivision and serve one side only, one-half of the pro rata cost of that main shall be paid unless such lines serve the subdivision in question exclusively. Such monies paid to the city will constitute a charge for use of such water and/or sewer main in place.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.504)
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 into the city the entire contract cost for standard size water or sewer lines as set forth as follows: Actual contract cost for water extensions, and/or actual contract cost for sewer extensions, including engineering and easement acquisition, on all property served by the desired main extension. The city, when said money has been actually deposited, shall have constructed, either by contract or use of city forces, the desired water or sewer main along the street, alley, or easement. (See Section 13.502 for pro rata payments collected by city and paid to person who originally financed the extensions.)
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.505)
(a) 
At the option of the city as an alternative plan, a developer may be permitted to contract and pay for the total cost of installation of standard water and sewer extensions as provided for in this section. Upon approval by the city, a developer of an addition shall design and prepare construction plans of water and/or sanitary sewer facilities to serve a subdivision, including any access or offsite 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 shall be approved by the city engineer.
(b) 
Plans and profiles submitted by the developer's engineer shall be inked on standard twenty-four inch (24") by thirty-six inch (36") sheets of tracing linen. Plans and profiles shall be shown at scales of not less than one inch (1") to one hundred feet (100') horizontal, and one inch (1") to six feet (6') 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 water department or city engineer. The engineer submitting the plans and profiles must affix such engineer's seal and signature to the tracings of all plans and profiles. The completed tracings for water and sewer plans and profiles. The completed tracings for water and sewer plans and profiles shall be submitted to the city engineer for approval. Upon final approval, the tracings will be returned to the developer's engineer for the purpose of making such prints as such engineer may require, after which the tracings shall be returned to become the permanent property of the city.
(c) 
Upon approval of the plans by the city, the developer may enter into a contract with any individual or the developer may 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 inspectors of 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.
(d) 
When the project is ready for construction, line and grade stakes will be set by the developer's engineer. All construction and installation of water and sewer mains shall be supervised by inspectors of the city.
(e) 
No installation of water or 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 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 a performance bond such as the city uses in its standard specifications and contract documents.
(f) 
In the event the developer makes the installation, then such developer shall execute a one (1) year maintenance 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 the making of water and sanitary sewer installations.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.506)
The developer will bear the total cost of on-site mains, with sizes to be determined by the city, except that the city will pay for the increment of cost of water and sewer mains over eighteen inches (18") in diameter provided that such mains are required as a part of the city's comprehensive water and sewer plan. The increment of the cost borne by the city shall be determined on the basis of percentage difference between the eighteen inch (18") water or sewer mains and the larger size required (i.e. 18/24%); provided, that in the event the bid price for mains larger than standard sizes is not considered reasonable by the city, or if the city cannot provide funds, the city will not be obligated to proceed under the terms of this article.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.507)
In addition to the developer's responsibility to furnish and install water mains and service lines, developer shall furnish and install the meter box, the curb stop, the approved connector pipe and the meter nipple, to the location, grade and detail as shown on the engineering plans of the development. It shall be the responsibility of the developer and the developer's contractor to protect, adjust, and replace any and all service lines and meter boxes as deemed necessary by the city engineer prior to the installation of the water meter. The developer and the developer's contractor shall be responsible for the protection of the service line and meter box and any expense for repair until all paving, drainage, and utilities are accepted by the city. Should the service line or meter box be damaged after the acceptance of paving and utilities, it shall become the responsibility and expense of the building contractor or owner of the structure to be served, to repair and replace the service line and meter box prior to the use of any construction water or the placement of the meter.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.508)
Where extensions of water or sewer mains are required to serve property which has been subdivided or platted for development and resale, the developer may contract the water and sewer extension, if such developer desires, in accordance with Section 13.506 of this article, otherwise Section 13.505 shall apply.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.509)
The applicant or developer will bear the total cost for construction of standard size off-site mains required to interconnect property to be developed with existing mains, the sizes to be determined by the city, and with the only repayment to the applicant being the pro rata as collected by the water department. There shall be a maximum of ten (10) years as the period of eligibility during which the original depositor or original investor may request a repayment 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.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.510)
The applicant and city will be responsible for off-site easement acquisitions. If the applicant is unable to obtain said easements, the city will initiate condemnation suits to acquire said easements. The easement acquisition cost will be borne by the applicant.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.511)
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 pro rata repayments.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.512)
Nothing herein 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 owners, and shall not be deemed in any manner to be waiver of the city's right to validly assess the property owners and/or consumers concerned for the cost of the installation of standard size water and sewer mains and to fix and enforce liens against said property, all of which may be done as provided by ordinance and in the manner prescribed by law. The city will never be obligated to furnish water and/or sewer service to an applicant, until the pro rata payments have been made.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.514)
All water and sanitary sewer main extensions herein provided for shall at the city's option be laid, constructed, and installed by the city directly, or by contract made by the city.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.515)
In the event a lift station or other special installations are required the same shall be installed under separate agreements between the city and the developer if the installation is designed to serve areas outside the proposed development. If the special installations are necessary to serve a subdivision under questions, the entire cost will be borne by the developer.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.516)
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, the city manager shall determine the proper charge in accord with the intent and purpose of this article. No person shall acquire any vested right under the terms and provisions of this article.
(1995 Code of Ordinances, Chapter 11, Article 11.500, Section 11.517)