This article is adopted so that the city council may promote
the public health, safety, morals and general welfare within the city
through the enactment of reasonable rules for the extension of city-provided
water and wastewater utility services outside the city limits and
to promote a positive city image reflecting order, harmony and pride,
thereby strengthening the economic stability of the city. By and through
this article, the city council additionally seeks to establish fair,
reasonable, and efficient guidelines for the extension of water and
wastewater utility service outside the city limits.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.701)
(a)
General rules.
Words and phrases used in this article
shall have the meanings set forth in this section. Words and phrases
that are not defined in this article but are defined in other ordinances
of the city shall be given the meanings set forth in those ordinances.
Other words and phrases shall be given their common, ordinary meaning
unless the context clearly requires otherwise. Headings and captions
are for reference purposes only, and shall not be used in the interpretation
of this article.
(b)
Applicant.
City limits.
City standards and specifications.
Council.
Customer.
Developer.
Facilities.
Person.
Qualified applicant.
Service.
Specific definitions.
An owner, developer or political entity that applies to the
city for water and/or wastewater utility service outside the city
limits for residential or commercial use.
The corporate limits of the city.
All building codes or requirements that have been adopted
by the city at the time an application is made, including, but not
limited to, portions of the International Plumbing Code, International
Code Council requirements, and National Fire Protection Association
requirements. An applicant may obtain a complete list of current city
standards and specifications upon written request to the city manager.
The city council.
A person, owner, developer, or political entity that purchases
water and/or wastewater utility service from the city for residential
or commercial use.
One who subdivides or requests more than two (2) water service
connections or sewer service connections on a single contiguous tract
of land.
All water and sewer lines and appurtenances and/or other
infrastructure constructed on a tract of land that are used to convey
water and/or wastewater to and from that tract of land.
A human individual.
An applicant who has completed the application to the city
for water or wastewater services, has had engineer drawings and construction
standards approved, and has demonstrated the financial ability to
construct the project.
Water utility service, including water and wastewater service
and/or other services provided by the city and administered by the
city water utilities department.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.702)
The city may furnish service to customers located outside the
city limits only upon the following conditions:
(1)
Adequate capacity exists.
The city shall furnish service
to qualified applicants located outside the city limits only if there
is adequate capacity of service available for the purpose of servicing
such applicants without impairing service within the city and without
impairing services to the city’s existing customers. Whether
such adequate capacity exists shall be determined by the city manager
and water superintendent. In making such determination, the city manager
shall require the assessment of a registered professional engineer,
the cost of which shall be borne by the applicant. If the service
request is turned down by the city manager, the request for service
can then be appealed to the city council and the determination of
the city council shall be final. The city council shall, by resolution,
accept or reject the city manager’s recommendation.
(2)
Applicants outside city limits to bear costs of lines and furnish
easements.
The construction costs of facilities that
serve customers outside the city limits shall be paid for by the applicant
requesting the service. Such applicant shall also furnish suitable
construction and permanent easements and rights-of-way for utility
lines. The city manager may, but shall not be required to, allow the
applicant to recover a portion of the construction costs of facilities
if other applicants desire to tap into and utilize the service extension.
In such event, the city manager and the applicant shall enter into
a written agreement detailing the right of reimbursement to the applicant
and set a maximum term for the right of reimbursement which shall
not exceed five (5) years.
(3)
Extended lines to be approved by city manager.
All water
and sewer lines and appurtenances extending from existing city facilities
to any tract of land outside the city limits requesting water and/or
wastewater utility service shall be approved by a registered professional
engineer and subject to final approval by the city manager or his
designee. The applicant shall pay for all services required for such
inspection, including, but not limited to, engineering services.
(4)
City to have right of review.
Prior to the connection
of service, the city shall have the right to review and approve all
plats and plans and inspect and approve all water and/or wastewater
utility construction within subdivisions and resubdivisions where
water and/or wastewater utility service is to be provided by the city.
(5)
Application must be filed with city.
The city manager
may not approve an application for extension of service outside the
city limits until the applicant has submitted a complete application
to the city. A complete application includes the following information:
(A)
Proof that the applicant has obtained all applicable permits and
inspections that would be required if the property were located within
the city limits;
(B)
A signed agreement between the applicant and the city that, in exchange
for provision of service by the city, the applicant will comply with
all applicable federal, state, and local laws and all city standards
and specifications;
(C)
A signed acknowledgement by the applicant that the city may terminate
service as a means of enforcing compliance with the requirements of
this article;
(D)
Proof, in a form satisfactory to the city manager, that the applicant
has the financial resources necessary to complete the project;
(E)
Proof that all necessary easements, licenses and/or rights-of-way
have been or will be acquired, and proof that all necessary lines
and facilities have been or will be constructed;
(F)
If the property to be developed is contiguous to the city limits,
a written application for annexation of the property to be developed;
(G)
A forecast design with a ten (10) year growth minimum; and
(H)
Any additional information that may be required by the city manager
to evaluate the application for service requested by the applicant.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.703)
(a)
Water and sewer lines to meet ultimate requirements of city.
Where water or sewer lines and appurtenances are extended outside
the city limits, the lines shall be sized to serve the ultimate requirements
of the city. All new water line extensions must be a minimum of six
(6) inches in diameter and must comply with all city standards and
specifications. All line extensions shall automatically become city
property upon acceptance by city inspectors.
(b)
City may reimburse owner for oversized lines.
Where
the size of the water and/or wastewater utility lines required to
meet the ultimate requirements for the city is larger than six (6)
inches and the total capacity is not required to serve the tract of
land to be developed, 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 section.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.704)
(a)
Approval period.
Approval of an application submitted
pursuant to this article shall be valid for a period of ninety (90)
days from the approval date by the city manager or the city council,
as the case may be. If the applicant has failed to complete the requested
service extension facilities within the ninety (90) day period, then
the city’s approval shall automatically become void by operation
of law.
(b)
Limitation of liability.
By applying for an extension
of service outside the city limits pursuant to this article, the applicant
acknowledges that the city is not responsible or liable for design,
maintenance or deficiencies in facilities beyond the point where service
connects to the city system. All costs of maintenance, repair and
line loss beyond the city’s meter shall be the responsibility
of and at the expense of the customer.
(c)
Unauthorized extensions prohibited.
All service shall
be limited to the facilities and/or to those customers identified
in the application for service approved by the city manager. Any unauthorized
tapping or extension to additional facilities and/or customers not
identified in the application constitutes cause for discontinuance
and/or disconnection of service by the city.
(d)
No vested property right.
No person shall acquire any
vested right under the terms and conditions of this article.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.705)
(a)
Construction standards.
All design and construction
under this article shall be in accordance with city standards and
specifications. In addition, all design and construction under this
article shall be in accordance with other applicable federal, state,
and local law.
(b)
Compliance with zoning regulations.
Any subdivision
or resubdivision desiring service pursuant to this article shall comply
with the city zoning ordinance.
(c)
Relationship to other ordinances.
Nothing in this article
shall be construed to require or allow any act that is prohibited
by any other ordinance. The provisions of this article are in addition
to any other ordinances of the city that pertain to the extension
of water and/or wastewater utility service generally.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.706)
