The intent and purpose of this article is to provide an equitable
charge for utility connections as a proportionate distribution of
the cost of utility line and 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 recommend to the city council the proper charge
in accord with the intent and the purpose of this article. No person
shall acquire any vested right under the terms and provisions of this
article.
(1975 Code, sec. 31-80; 2004 Code,
sec. 13.501)
As used in this article, the following terms shall have the
respective meanings ascribed to them:
A body or community of Christians, united under one form
of government by the profession of the same faith and the observance
of the same ritual and ceremonies. The term “church” shall
not include religious orders, religious organizations or charitable
organizations unless such order or organization is an internal part
of a church, is engaged in carrying out the functions of a church,
and does not conduct “for profit” business or operations.
A religious order or organization shall be considered to be engaged
in carrying out the functions of a church if its duties include the
ministration of sacerdotal functions and the conduct of religious
worship.
The actual user of utilities from the city.
The actual distance for any side of a parcel of property
facing the utility improvement for which assessment is being made
irrespective of public easements or rights-of-way.
The record title holder of premises served with utilities
from a connection by the city.
A charge made against the consumer or property owner to pay
for the utility line and/or mains as provided for in this article.
A contract executed between the city and the person who financed
a utility extension, in order that the original investor may recover
a portion of such investor’s cost of the extension if other
property owners adjacent to the line make connections to said line.
A line extending from the main sewer line to the building
connection.
Gas, water, sewer and electric service provided by the city.
A line extending from the meter to the main line.
(1975 Code, sec. 31-81; 2004 Code,
sec. 13.502)
(a)
The city will permit the applicant to tie into existing city utility
lines in order to permit connections by persons desiring and seeking
water service, electric service, gas service and/or sanitary sewer
service. A charge, which shall be known as the “pro rata line
charge,” shall be made against each lot or tract of land in
order to recover some portion or all of the initial system cost. The
charge shall be at the following rate, which is some portion or all
of the total cost of such utility lines and appurtenances:
(1)
Actual cost per front foot of the lot or tract of land to which utility
connections may be made for all lines placed in service after the
effective date of this article, adjacent to said property.
(2)
Where an individual owner, person, corporation or developer has financed
the construction of the utility mains or main lines, 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 collection
of the pro rata charge will be collected by the city, then paid to
the original investor.
(b)
It is specifically provided that no department of the city shall
be required to make utility connections to any property upon which
there has been levied an assessment hereunder or any mechanic’s
lien contract is in existence hereunder for utility improvements unless:
(1)
The assessments or liens levied against such property have been fully
paid and satisfied; or
(2)
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, and authorizing the billing of the payments to be made upon
such assessment or lien in the monthly statements to such property
owner for utility service. This contract and agreement shall specifically
authorize the discontinuance of any specific or all utility service
in the event of default in any payment upon such assessment or lien.
The city is specifically authorized to include in the utility statements
submitted monthly to such property owners executing said contracts
and agreements the amounts agreed to be paid by such property owner
upon such assessment or lien and, in the event of default in any of
such payments, to discontinue the utility to the property subject
to any such contract or agreement.
(c)
The terms and provisions contained in this section shall be deemed
alternate methods for the collection of 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 as to limit the city to any exclusive method
of collection of such assessments.
(1975 Code, sec. 31-82; 2004 Code,
sec. 13.503)
(a)
In addition to the pro rata charge on water and sewer mains, the
property owner or builder must pay the meter and meter loop and service
line charges as established by the city. These charges are as follows:
(1)
(b)
A developer of subdivisions may install water, sewer, and gas service
lines at such developer’s own expense, if such developer so
desires, under the direction and supervision of the city.
(1975 Code, sec. 31-83; 2004 Code,
sec. 13.504)
At the discretion of the city, this method shall be available for use by an individual owner, person or corporation to secure utility service for the individual’s residence or place of business; otherwise, the method set forth in section 13.07.006 shall apply. Where eligible for this option, the owner may advance and pay into the city the entire contract cost for standard size utility lines as set forth as follows: actual contract costs, including engineering and easement acquisition, for all property served by the extension(s). The city, when said money has been actually deposited, shall have constructed, either by contract or use of city forces, the desired line(s) or main(s) along the street, alley or easement. (See section 13.07.003 for pro rata payments collected by the city and paid to the person who originally financed the extension.)
(1975 Code, sec. 31-84; 2004 Code,
sec. 13.505)
(a)
Authorized; submission of plans.
At the option of the
city, as an alternate plan, a developer may be permitted to contract
and pay for the total cost of installation of standard utility extension
as provided for in this article. Upon approval by the city, a developer
of an addition shall design and prepare construction plans of utility
facilities to serve a subdivision, including any access or off-site
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
an engineer designated by the city.
(b)
Contents of plans.
Plans and profiles submitted by the
developer’s engineer shall be in conformance with city requirements
at the time of preparation, but should clearly show all surface improvements,
all existing or proposed subsurface utility lines and obstructions,
and street and alley grades as approved by the city. 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 shall be
submitted to the city 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)
Construction and installation.
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 lines
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)
Line and grade stakes; supervision of construction.
When the project is ready for construction, line and grade stakes
will be set by the developer’s engineer. All construction and
installation of mains and main lines shall be supervised by inspectors
of the city.
(e)
Location of installation; ownership; performance bond.
No installation shall be made by [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 a developer and a contractor shall provide for a performance
bond such as the city uses in its standard specifications and contract
documents.
(f)
Maintenance bond.
In the event the developer makes the
installation, then such developer shall execute a two-year maintenance
bond in favor of the city in the same form and condition approved
by the city.
(1975 Code, sec. 31-85; 2004 Code,
sec. 13.506)
Where the size of a utility line or main required by the city
exceeds the size necessary to serve the development to which such
service is being extended, as determined by the city, the city shall
pay for the increment of cost increase. This will be determined as
a fraction or percentage difference between the size needed and the
size required; provided that, in the event the bid price for lines
or mains larger than the size needed to serve the development is not
considered reasonable by the city, the city will not be obligated
to proceed under the terms of this article.
(1975 Code, sec. 31-86; 2004 Code,
sec. 13.507)
The developer will bear the total cost of on-site lines and mains, with sizes to be determined by the city, except that the city will pay for the increment of cost of lines and mains over the size necessary to serve the development in the same manner as set forth in section 13.07.007.
(1975 Code, sec. 31-87; 2004 Code,
sec. 13.508)
In addition to the developer’s responsibility to furnish
and install mains and service lines, the 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 installation of the 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.
(1975 Code, sec. 31-88; 2004 Code,
sec. 13.509)
Whereas [Where] extensions of lines or mains are required to serve property which has been subdivided or platted for development and resale, the developer may contract [construct] the extension(s) if such developer desires, in accordance with section 13.07.006; otherwise section 13.07.005 shall apply.
(1975 Code, sec. 31-89; 2004 Code,
sec. 13.510)
The applicant or developer will bear the total cost for construction
of off-site lines and mains required to interconnect property to be
developed with existing mains, the size to be determined by the city,
and with the only reimbursement to the applicant being the pro rata
as collected by the city. There shall be a maximum of ten (10) years
as the period of charge 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.
(1975 Code, sec. 31-90; 2004 Code,
sec. 13.511)
The applicant will be responsible for off-site easement acquisitions.
If the applicant is unable to obtain said easements, the city may
initiate condemnation suits to acquire said easements. The easement
acquisition cost will be borne by the applicant.
(1975 Code, sec. 31-91; 2004 Code,
sec. 13.512)
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.
(1975 Code, sec. 31-92; 2004 Code,
sec. 13.513)
In no event shall the city be required to make extensions under
the provisions of this article if there are no funds available and/or
budgeted for the purpose.
(1975 Code, sec. 31-93; 2004 Code,
sec. 13.514)
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 a manner to be a 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
utility lines and 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 utility service to an applicant until the pro rata payments
have been made.
(1975 Code, sec. 31-94; 2004 Code,
sec. 13.515)
All utility extensions herein provided for shall at the city’s
option be laid, constructed, and installed by the city directly by
contract made by the city.
(1975 Code, sec. 31-95; 2004 Code,
sec. 13.516)
If 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 a
subdivision, the entire cost will be borne by the developer.
(1975 Code, sec. 31-96; 2004 Code,
sec. 13.517)
Notwithstanding anything herein to the contrary, churches shall
not be required to pay the city any charge for labor performed by
city employees, or for city equipment used in extending main utility
lines to nearest property line, subject, however, to the following
limitations:
(1)
The city shall never be required to extend any line more than one
thousand (1,000) feet from the existing utility line;
(2)
The use of city employees or city equipment to construct or extend
utility lines shall always be subject to their availability and capability
in the discretion of the city;
(3)
The city may refuse to install any utility line at its own expense,
including labor and equipment, if such installation is determined
by the city, in its discretion, to be cost prohibitive, to require
obtaining new or different personnel or equipment, to be unsound from
an engineering or structural standpoint or to be outside the expertise
or capability of existing employees or equipment;
(4)
The building or facility to which utilities are to be extended must
be directly related to the church principal purpose, must be essential
to such purpose and cannot be of a commercial nature;
(5)
Except for the labor and equipment provided for in this section,
any church must comply with all other provisions of this article,
including, without limitation, any fees or charges, regulations, or
specifications;
(6)
It is specifically provided hereby that any church electing benefits
under this section shall never be entitled to receive any reimbursement
for pro rata charges resulting from subsequent tie-ins on the main
utility lines extended to such church; any such reimbursement shall
be made to the city.
(1975 Code, sec. 31-97; 2004 Code,
sec. 13.518)
