When used in this article, the following words and terms shall have the meaning ascribed thereto:
Average current cost.
The cost per foot determined annually by the city based upon actual construction costs of water and, separately, sewer mains in the city considering all appurtenances thereto and needed therefor, during the year or period preceding such determination and mathematically averaging same and dividing by the number of feet constructed under such contracts for water and for sanitary sewer.
City.
The organization as governed by the city council.
Developer.
A general term including all persons, firms and corporations developing, building or using land for any purpose other than one single-family residence, and the term shall expressly include subdividers of residential and nonresidential property.
Single-family residence.
A structure used for dwelling purposes only, by one family unit.
Special circumstances.
Only those areas where water or sewer is deemed necessary, and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved.
(Ordinance 69, sec. VI, adopted 9/3/74)
(a) 
Developers (including individuals, subdividers and owners of multifamily dwelling units) shall pay the entire cost of water and sewer main extensions required to serve that development, as determined by the city. For purposes of this section, a water main in excess of eight inches and a sanitary sewer main in excess of ten inches inside diameter may be considered oversize, and the city may participate in any costs of oversize water or sewer mains, at its option, provided the oversize capacity is not required to serve the development.
(b) 
Where the extensions to reach a development are laid in street rights-of-way or in dedicated areas directly accessible to service lines, the developer shall be entitled to reimbursement in accordance with the provisions of section 13.08.003, but such reimbursement shall not exceed the developer’s total cost of the main.
(c) 
The city shall approve all contracts for such construction of utilities prior to their execution by the developer. In the event the city cannot justify the costs involved in any such contract where city funds or pro-rata repayment is involved, the city shall have the option and right to submit the specifications and subject matter for sealed bids, and the developer shall pay his proportionate share of the acceptable low bid price.
(Ordinance 69, sec. I, adopted 9/3/74)
(a) 
Any developer who bears the cost of off-site water or sanitary sewer main extensions to a development as provided in section 13.08.002 shall be entitled to reimbursement of the pro-rata cost paid to the city as provided in section 13.08.004 for each user who extends a service line from such main within 15 years from the date such main is finally inspected and accepted by the city.
(b) 
The provisions of this section shall not apply to service lines or main extensions constructed at the expense of the city from any main constructed under the terms of this article.
(c) 
Such reimbursement payments shall be made by the city to the person who paid the cost of the main, or his assign, and no other person shall be entitled to payment under the terms of this article.
(d) 
The reimbursement aforesaid shall be payable within 30 days of its receipt by the city.
(e) 
The developer shall enter into an agreement with the city before any reimbursement may be made, which agreement shall be made prior to acceptance of the main by the city. Such agreement shall state the cost of the main, terms of payment, and the maximum amount of reimbursement.
(Ordinance 69, sec. II, adopted 9/3/74)
(a) 
Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of section 13.08.002 or 13.08.005 shall pay for such privilege at the following rates:
(1) 
Where the main abuts, and is accessible to, separate platted tracts, the charge shall be 80 percent of the average current cost of a water main, not exceeding in inside diameter eight inches, or, if a sanitary sewer main, not exceeding in inside diameter ten inches, per front foot of the lot or tract of land which abuts such main.
(2) 
The charge to owners of property through which, under proper easement, said water or sewer main has been constructed, which easement does not abut a street or other way directly accessible to a separately owned tract, shall be the average current cost of such a main, not exceeding in inside diameter eight inches for water, or ten inches for sanitary sewer, per foot through the lot or tract of land to which such connections may be made, except as may be applied under subsection (c) below.
(b) 
The charges provided by this section shall be in addition to the usual tapping fee and to any other charges required by the city.
(c) 
The intent and purpose of this section 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 within the jurisdiction of the city. In case property or a tract of land is so situated or shaped that the above front foot charge creates an inequitable basis as between it and other tracts of land, then, in that event, the city council shall determine the proper charge in accord with the intent and purpose of this section, and such determined charge may be lesser or greater than that by the front-foot basis. If more lots are to be served by the main than abut or contain it, then the charge shall be greater, as determined by the city council. No person shall acquire any vested right under the terms and provisions of this section, nor shall the city incur or assume any liability or obligation to expend or encumber tax or utility funds. No utility funds shall be spent or encumbered unless same are available for such purpose, as determined by the city council.
(d) 
If the intended use of any main is determined by the city to exceed its capacity, no taps shall be permitted for such use.
(Ordinance 69, sec. III, adopted 9/3/74)
Where the city elects to extend a main for a special purpose where conditions exist which cause a hardship due to lack of water or sanitary sewer service, such main shall come under the provisions of section 13.08.004, and any tap thereinto shall be paid for the same as if such main were extended by a developer, except the taps made by the contractual extendees described below. Such payments shall be used to defray the cost of the main or mains so extended. There shall be no time limitation for reimbursement to the city for lines extended under the provisions of this section and section 13.08.006.
(Ordinance 69, sec. IV, adopted 9/3/74)
(a) 
Where an extension of a water or sanitary sewer main is made by the city in order to serve a single-family residence as provided above, the owner may contract with the city to pay a proportionate share of such a main as follows:
(1) 
The owner of a single-family residence situated on a platted lot having 100 feet or less abutting or fronting on such main may pay an amount equal to 80 percent of the average current cost per foot through or adjoining such lot to which connection is made.
(2) 
The owner of a single-family residence situated on a lot or tract of record having more than 100 feet abutting or fronting on such main may pay an amount equal to 80 percent of the average current cost per foot through or adjoining such lot or tract to which the connection is made for 100 feet of such a main, plus 80 percent of the average current cost of ten percent of the balance of the frontage of such tract, being the actual excess footage over 100, but not to exceed a total of 300 feet of main regardless of the length required for the connection.
(3) 
No owner to which a connection is made pursuant to this section shall be entitled to reimbursement for any future connections, and all future taps and connections made by the owner shall be paid for as provided in section 13.08.004 unless the extension agreement shall state otherwise.
(b) 
Where the city council determines that special circumstances exist which would create an undue hardship on the owners described in this section, the provisions of section 13.08.004(c) shall apply to such owners.
(c) 
In no case will any water or sewer line be extended by the city unless proper and sufficient funds are available therefor.
(Ordinance 69, sec. V, adopted 9/3/74)