The following definitions shall apply in the meaning of this
article:
The actual user of water from a city water connection.
That portion of a lot or tract of land facing on either side
of a water or sewer main on which a pro rata charge is to be paid.
A charge made against the consumer, developer, or property
owner to pay for the installation of water and sanitary sewer mains
as provided in this article.
The record title holder of premises served with water or
sanitary sewer from a connection by the city.
A sewer main at least six inches (6") or more in diameter,
as may be required by the area served.
A water main six inches (6") or more in diameter, as may
be required by the area served.
(1988 Code, ch. 11, sec. 12.01)
(a)
Upon request of a property owner, or his agent, of a given lot or
tract of land, the city may extend, lay or construct all necessary
water mains and sanitary sewers and their appurtenances from the nearest
standard size main at a distance of not more than one hundred feet
(100') to the applicant’s nearest property line provided any
charges due by the property owner are deposited up front. The applicant
shall be responsible for all costs of constructing mains and appurtenances
thereto on his property plus any cost of construction where such main
extensions exceed one hundred feet (100'). In the event that any such
deposit made by the property owner does not cover the actual costs,
the property owner shall be liable for the additional cost difference.
(b)
If additional easements are required to extend the water main or
sanitary sewer across, the applicant requesting such extensions shall
provide the city with all necessary easements as required by the city.
Such costs to obtain such easements shall be borne by the applicants.
Extensions shall only be made in either a dedicated street right-of-way,
alley or easement and approved by the city.
(c)
After all required deposits are submitted and all required agreements
are executed, the city will have the option to perform such work either
through a contractor selected by the competitive bidding process or
to perform the work with its own employees. If bids are received on
the work, the amounts of the deposits will be adjusted by additional
collection or refunds to the actual contract cost plus the applicable
connection fee.
(d)
Where groups of single customers join together to accomplish system
extensions for either water of sanitary sewer service, the proportion
of the cost assigned to each individual customer shall be determined
as follows:
(1)
The total construction cost of the water and/or sewer main extension,
including all appurtenances, easements and connection fees, shall
first be determined.
(2)
Next, the cost equivalent of constructing one hundred feet (100')
of the water and/or sewer main shall be subtracted from the total
cost.
(3)
Next, the difference thus obtained shall be the applicants’
share of the construction cost of the extension(s), to which is added
ten percent (10%) to cover other indirect charges and administrative
expenses.
(4)
Next, the applicants’ total extension cost shall be proportioned
to each individual single customer by a combined relationship of the
individuals “front footage” as well as the distance from
the nearest existing standard sized main.
(1988 Code, ch. 11, sec. 12.02)
(a)
Where extensions of water and sewer mains are required to serve property
which has been subdivided or platted for development or resale, the
city will construct such mains either by a private contractor on a
competitive bid basis or by force account, upon deposit of the total
cost of such extensions, including the cost of approach mains fronting
property now owned by the developer but necessary to connect the area
for which such application is made. The developer will bear the cost
of on-site and approach mains, with sizes to be determined by the
city, except that the city will refund the increment of the cost on
water and sewer mains over eight inches (8") in diameter proportionately.
However, in case a main larger than itself [sic], the city will only
pay the increment cost of any water or sewer main larger than that
required to serve the development.
(b)
Where proposed water and sanitary sewer installations are to be installed
by the developer’s contractor, it shall be designed by a registered
professional engineer in the state. Two (2) complete sets of engineering
plans for said water or sewer improvements shall be furnished to the
city. The water and sewer superintendent and/or the city engineer
shall review the plans and specifications, and, if approved, shall
mark them approved and return one (1) set to the developer’s
engineer. If not approved, two (2) sets of the engineering plans shall
be marked with the objections noted and one (1) copy shall be returned
to the developer’s engineer for corrections. The same procedure
shall be followed until the engineering plans and specifications are
approved. The applicant shall cause his contractor to install the
water or sewer facilities in accordance with the approved engineering
plans and specifications. The developer shall require his engineer
to design, stake, and supervise the construction of such improvements
and shall require his contractor to construct said improvements in
accordance with the plans and specifications, and after the improvements
have been completed and upon receipt by the city of a one (1) year
maintenance bond in the amount of ten percent (10%) of the contract
price, along with three (3) sets of “as built” plans and
one (1) set of “as built” sepias, and upon receipt of
a letter of the contractor’s compliance with these provisions,
the city’s subdivision regulations and other applicable ordinances,
then the water and sewer superintendent shall receive and approve
for the city the title, use and normal maintenance of the improvements.
(c)
All water and sewer main extensions to serve a property must be extended
to the borders of such property in order to allow for future extensions,
regardless of whether or not such extensions are required for service
within such property. However, in lieu of this, the developer may
dedicate such utility easements to all borders of his property to
the city if agreed to by the city.
(1988 Code, ch. 11, sec. 12.03)
(a)
Pro rata charges.
(1)
An applicant may contract with the city to require any and all owners
of intervening property served by a water and sewer main which was
constructed by said applicant to be required to pay a pro rata charge
at such times as their property is connected to such main.
(2)
Such pro rata charge will be collected by the city and then be refunded
to the applicant when any pro rata is collected from other parties,
firms, or corporations seeking a connection to the water or sanitary
sewer installed by the applicant. Ten percent (10%) of the pro rata
collected shall be retained by the city to cover administrative costs.
(3)
The amount of pro rata charges made against the owner of the area,
lot, or tract of land seeking a connection to the water or sanitary
sewer main shall be written into the contract made with the city.
The amount of pro rata charges to the owner seeking a connection shall
not exceed the original construction cost of the water or sanitary
sewer main less ten percent (10%) for administrative costs withheld
by the city.
(4)
Any and all sums of money collected as a pro rata charge as established
by this section shall be credited to the water and sewer fund of the
city.
(b)
Pro rata refunds.
The city will only be responsible
for refunding the collected pro rata funds for a period not to exceed
ten (10) years from the date of acceptance of the water and sewer
installation. All refunds shall be made on an annual basis in October
and shall include funds then accrued to the credit of any developer
or person contracted with. No refunds will be made by the city to
any applicant or contracting party after the ten (10) year period
has expired, nor shall the city ever be liable for payment of interest
on any deposits or refunds provided herein.
(1988 Code, ch. 11, sec. 12.04)
In no event may the city be required to make extensions under
these provisions if there are no funds available on hand for the purpose.
(1988 Code, ch. 11, sec. 12.05)
All water and sewer main extensions shall be constructed in
accordance with the city’s subdivision regulations and any other
applicable city ordinance or state or federal regulations.
(1988 Code, ch. 11, sec. 12.06)
