Whenever the words, terms, or phrases defined in this section
or pronouns used in their place occur in this article, the intent
and meaning shall be interpreted as follows:
The owner of a tract of land, or his agent, requesting water
and/or sanitary sewer service.
The city, a municipal corporation, acting by and through
its governing body, or its city manager, each of whom is required
by the charter to perform specific duties. Responsibility for final
enforcement of contracts involving the city rests with the city manager.
The duly appointed engineer of the city or his duly authorized
assistants, agents, engineers, or superintendents, acting within the
scope of the particular duties entrusted to them.
The owner, or agent of the owner, subdividing or developing
lots or tracts of land for the intended purpose of selling, leasing,
or renting such property for homes or commercial or industrial sites.
The director of the city’s public works department,
or his duly authorized assistants or agents.
The cost of water and/or sewer mains as established by unit
values for the size of main and appurtenances as established herewith
in this policy.
A person requesting extension of water and/or sewer service
to a property which will be used as his own residence or business,
or an individual commercial or industrial concern requesting extension
of water and/or sewer service to property to be used for its own operation,
which property or a portion thereof will not be sold, leased, or rented
in connection with any intended function.
Water and/or sewer mains totally outside of a tract of land
to be subdivided or developed.
Water and/or sewer mains totally within or adjacent to a
tract of land to be subdivided or developed.
The difference between the evaluated cost of the main as
built and the size of the main determined to be the minimum size required
to serve the subdivision, the minimum size being six (6) inch adequately
supported by eight (8) inch water and six (6) inch sewer mains.
The planning commission of the city.
A sanitary sewer main six (6) inches in diameter or larger.
A water main six (6) inches in diameter adequately supported
by eight (8) inch or larger water mains to provide fire protection
as recognized by the National Board of Fire Underwriters.
The division of a parcel of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided that a division of land for agricultural purposes into lots
or parcels of ten (10) acres or more and not involving a street or
alley shall not be deemed a subdivision. The term includes resubdivision
and, when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
(2003 Code, sec. 20.91)
(a)
The city may extend water and sanitary sewer mains in the streets,
alleys and easements within the city limits in order to permit connections
by persons desiring and seeking water service and sanitary sewer service.
A charge, which shall be known as the “pro-rata,” shall
be made against each lot or tract of land and the owner thereof whose
water and sewer line shall be hereafter connected with any water main
or sanitary sewer main in the city, and the charge shall be at the
following rates, which rates are a portion of the total cost of such
water and sewer mains:
(b)
The above front foot rates shall apply to property with a depth not
exceeding one hundred fifty (150) feet which fronts on streets in
the areas platted into the usual rectangular lots or tracts of land.
Where lots or tracts have greater depth than one hundred fifty (150)
feet from the front street line and are occupied or are to be occupied
exclusively as dwelling places, then the additional depth shall not
be assessed. However, if such property is later subdivided, requiring
an extension of mains to serve same, then the terms of this article
shall govern. 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 forty (240) feet
or more, then the pro-rata charges herein provided for shall be paid
on both frontages when a connection is secured to the lot or tract.
Where lots or tracts are irregular in size or shape, then the pro-rata
charge shall be based upon equivalent rectangular lots or tracts using
one (1) front foot for each one hundred twenty (120) square feet of
lot area, or the pro-rata charges provided herein on the average frontage
of such tracts, whichever is least.
(c)
Where lots or tracts are intended to be used for other than residential
purposes and have a depth greater than one hundred fifty (150) feet
from the front street line, then the pro-rata herein provided shall
be paid on the frontage on all streets which the property may abut
minus one hundred fifty (150) feet frontage for each corner of the
property abutting a street intersection. Should such property be resubdivided
whereby further extensions are required to service same, the terms
of this article shall apply.
(d)
Where subdivided tracts of land are to be developed as a unit for shopping centers, apartment sites, industrial sites, or other similar uses, the applicant will pay frontage charges on street frontages as outlined for business properties. Any mains extended through or into such tracts for service to individual buildings will be built at the applicant’s expense in easements or alleys in accordance with section 13.05.005. In the case of standard mains being built in streets or utility easements at the request of the city, refunds on such mains will be made to the applicant in accordance with section 13.05.005.
(2003 Code, sec. 20.92)
(a)
Upon request of the owner of a lot, parcel, or tract of land, or
at the request of his agent, such owner or his agent to hereinafter
be known for the purpose of this article as the “applicant,”
accompanied by the payment of the charges due under this article,
the city may extend, lay, or construct all necessary sanitary sewer
and/or water mains, including necessary appurtenances, a maximum distance
of one hundred (100) feet plus the distance across the frontage necessary
to provide the service for which application has been made. Only one
(1) such one-hundred-foot extension will be made for any applicant
during any twelve-month period. The property owner to be served shall
be required to pay the charges herein provided for. The owners of
all intervening property served by such main extension shall be required
to pay the charges provided for herein at such time as their property
is connected to the mains thus laid. Where an applicant for service
secures an extension and service under this particular option for
main extension, he shall pay the pro-rata charges on all property
owned by him and which is served by the extension requested. In applying
the one-hundred-foot rule, the required extension of main shall be
figured in such manner as to leave out of the calculations that portion
of any main adjacent to property already having other than a temporary
water and/or sanitary sewer service, and for which the pro-rata charges
thereon have been paid or credited under the terms of this article.
(b)
An exception to the above one hundred (100) foot rule shall be made
where two (2) or more individual applicants desire water and/or sewer
service and the nearest applicant is more than one hundred (100) feet
from existing lines. In this case, the city may extend their mains
upon payment of the charges due under this article, provided there
is one (1) customer for every one hundred (100) feet of such extension,
excluding that portion of the extension adjacent to property already
having other than temporary water and/or sewer service.
(c)
At the option of the city, the following method for extending water and sewer mains may be used where the applicant’s property is more than one hundred (100) feet from an existing water or sewer main. This method shall be available only for use by an individual’s residence or business. Where eligible for this option, the owner may advance and pay into the city the entire pro-rata costs as set forth in this section, to wit: five dollars ($5.00) per front foot for water extensions and five dollars ($5.00) per front foot for sewer extensions on all property served by the desired main extension, less the one hundred (100) feet allowable, and the city, when such money has been actually deposited with the city, may construct the desired water or sewer main along a street, alley or easement. When any property for which such person has advanced the pro-rata costs is connected to the main extension, then, in that event, the pro-rata advanced on both sides of the street for the frontage of the connecting property shall be refunded by the city to the person making the original deposit at such times as sufficient frontage is connected so that the original applicant who advanced the total pro-rata would be refunded the remainder advanced except for the charges due on the property for which the extension was originally made. These rates are subject to adjustment as set forth in section 13.05.013.
(2003 Code, sec. 20.93)
Where extension is requested by an industry or commercial concern
using large quantities of water and cannot meet the requirements of
one (1) customer per one hundred (100) feet of extension, such extension
may be made upon payment of the pro-rata due under this article at
the discretion of the city council, provided forty (40) percent of
the estimated annual revenue from such customer will be sufficient
to support interest and principal payments calculated on the cost
of the extension at six percent (6%) per annum to amortize the city’s
investment over a period of ten (10) years.
(2003 Code, sec. 20.94)
(a)
Generally.
Where extensions of water and/or sewer systems
are required to serve property which has been subdivided or platted
for development and resale, water and/or sewer facilities may be extended
to such properties on the following basis and in accordance with minimum
standards and procedures described below. Where property has been
subdivided or platted for development and resale, the developer shall
lay, install and/or construct water and/or sanitary sewer lines on
all of the subdivided or platted property at the same time.
(1)
Extensions within property to be developed.
(A)
Developers of such property shall defray the entire cost of water
and sewer systems within their subdivisions except that the city will
refund one hundred (100) percent of the oversize cost of any water
main or sewer line inside such subdivision area larger than six (6)
inches for water and six (6) inches for sewer, unless such larger
size is required to serve the subdivision in question. Such size of
water mains and sewer lines for adequate service shall be determined
by the city engineer. Refunds for oversize cost will be made upon
acceptance of the system by the city.
(B)
Mains lying along one (1) or more sides of a subdivided tract which
serve property other than the subdivision for which the extensions
are made:
(i)
For water mains six (6) inches and smaller and for sewer lines
six (6) inches and smaller, the developer will be refunded one-half
the evaluated cost of the size main constructed as set forth in subsection
(c) of this section. Such refunds will be made upon acceptance of
the system by the city and at such time as adjacent property is platted
and connected to such water mains and sewer lines.
(ii)
For mains larger than six (6) inches for water and six (6) inches
for sewer, the developer will be refunded one hundred (100) percent
of the difference between the evaluated cost of a six (6) inch water
and/or sewer main, and one-half (1/2) the evaluated cost of a six
(6) inch water and/or sewer main or such larger sizes as are required
to serve the subdivision for which the extensions are required, provided
the developer has advanced the total cost of such lines. Where such
lines are laid by city contract, the developer will pay the city a
sum equal to the estimated cost of a six-inch water and/or sewer main,
or such sizes as are required to serve the subdivision, as prepared
by the city engineer. Refunds for oversize cost will be made upon
acceptance of the system by the city.
(C)
Where water and/or sewer mains lie along one (1) or more sides of
a subdivision and serve the subdivision exclusively, such mains shall
be considered on-site mains.
(2)
Existing main in or adjacent to the property to be developed.
Should an existing water main or sewer line lie 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 shall be made by a developer, he shall pay to the city ten dollars ($10.00) per linear foot of water line and ten dollars ($10.00) per linear foot of sewer line, or the evaluated cost of a six (6) inch water line adequately supported by an eight (8) inch water line or a six (6) inch sewer line, whichever is least. Should such main lie along the subdivision and serve one (1) side only, one-half (1/2) of these costs shall be paid to the water and sewer pro-rata fund and will constitute a charge for use of such water and/or sewer main in place. These rates are subject to adjustment as set forth in section 13.05.013.
(3)
Off-site extensions.
Where water and/or sewer facilities are not available to a tract to be developed, the city may extend such facilities to the nearest subdivision property line within the following limitations: Water and sewer lines off-site will be constructed at the expense of the developer requiring such extension; provided, however, the city will refund one hundred percent (100%) of the cost of such lines off-site as evaluated by the prices established in subsection (c) of this section at such time as eighty-five percent (85%) of the frontage available to these extensions off-site, plus eighty-five percent (85%) of the available frontage within the subdivision, has connected a bona fide customer. However, in no case will the refund exceed the actual cost of the off-site mains. Where the approach mains side property making refund unlikely, such property siding on lines shall be considered connected where served at frontage.
(4)
Lift stations.
The developer of such property shall
be required to defray the entire cost of a lift station required to
serve only the property to be developed. The city will refund one-half
(1/2) the cost of any lift station which is determined to serve other
than the development for which it was constructed. Such determination
shall be made by the city engineer. Refunds will be made upon acceptance
of the system by the city.
(b)
Procedures.
Water and sewer main extensions to serve a real estate subdivision to the city the plat of which has been finally approved by the city planning commission and the city council, and filed of record, and properly annexed, may be accomplished in the following manner: Upon receipt of the written letter of intent from the developer as required under this policy, the city shall furnish to the developer an estimate of the total cost of such extensions required to serve the property. Such costs shall be determined by the city engineer. The developer shall deposit with the city the total cost of such extensions required to serve his property, including the cost of approach or off-site mains fronting property not owned by the developer, if required by the provisions of subsection (a)(3) of this section. Upon receipt of the total cost of the extensions, the city shall design and prepare construction plans and specifications of water and/or sewer facilities that may be required. The city shall take competitive bids and shall award such bid for the construction of the required water and/or sewer extensions as required in the city charter. The city will construct such mains and upon determination of final completion cost will refund any excess amount deposited to defray the entire cost of the project on-site and evaluated price of off-site facilities for which the developer is responsible. Refundable amounts for off-site costs or oversize costs will be determined and refunded or assessed as set forth in subsection (c) of this section; however, in no case to exceed more than the actual cost of this section of the installation.
(c)
Prices.
Prices shall be evaluated for determination
of oversize cost and off-site facilities as follows:
(1)
Water mains and appurtenances.
|
For 4" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$4.10
|
|
For 6" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$4.55
|
|
For 8" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$5.30
|
|
For 10" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$6.95
|
|
For 12" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$9.00
|
|
For 14" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$11.00
|
|
For 16" cement lined, class 150, cast iron water pipe, asbestos
cement
|
$13.00
|
|
For a standard three-way 6" fire hydrant, traffic model
|
$420.00
|
|
Fittings (per ton)
|
$1,400.00
|
|
For 4" gate valves and boxes
|
$180.00
|
|
For 6" gate valves and boxes
|
$205.00
|
|
For 8" gate valves and boxes
|
$250.00
|
|
For 10" gate valves and boxes
|
$370.00
|
|
For 12" gate valves and boxes
|
$430.00
|
|
For 14" gate valves and boxes
|
$940.00
|
|
For 16" gate valves and boxes
|
$1,400.00
|
The unit prices above are inclusive of all concrete,
wet connections, gravel foundations and granular backfill which may
be necessary.
(2)
Sanitary sewer mains and appurtenances.
|
For 6" sanitary sewer vitrified clay pipe
|
$6.50
|
|
For 8" sanitary sewer vitrified clay pipe
|
$7.50
|
|
For 10" sanitary sewer vitrified clay pipe
|
$8.50
|
|
For 12" sanitary sewer vitrified clay pipe
|
$10.00
|
|
For 15" sanitary sewer vitrified clay pipe
|
$12.00
|
|
For 18" sanitary sewer vitrified clay pipe
|
$14.00
|
|
For 21" sanitary sewer vitrified clay pipe
|
$17.00
|
|
For 24" sanitary sewer vitrified clay pipe
|
$20.00
|
|
For standard 4-foot diameter manhole to 6' depth
|
$400.00
|
|
For extra depth manhole per foot over 6' depth
|
$60.00
|
|
For manhole drop unit
|
$60.00
|
|
For standard cleanouts
|
$60.00
|
|
For standard lift station
|
$15,000.00
|
The unit prices above are inclusive of all wyes and fittings, caps, and other items not specifically listed herein which may be necessary to produce a complete job. Prices herein established are subject to change according to action of the city council establishing current values as set forth in section 13.05.013.
(d)
Agreement between developer and city.
Any developer
desiring to make the installation of water and sewer lines, or either
of them, shall file a letter in writing with the city manager, stating
that he elects to make the installation under the terms and provisions
of this article, which letter, when received and accepted by the city,
shall then be binding upon both parties, i.e., the city and the developer.
In no event shall the city be obligated to proceed under the terms
of this article if funds are not available or if, in the discretion
of the city council, the extensions may not be practical.
(2003 Code, sec. 20.95)
Any and all sums of money hereafter collected as a pro-rata
charge of deposit for water or sewer extensions, at the rates set
out in this article, shall be credited to the water and sewer pro-rata
fund of the city, and all refunds shall be paid from such account.
(2003 Code, sec. 20.96)
Except as otherwise provided, all refunds provided for in this
article shall be made on November first of each year, and shall include
funds then accrued to the credit of the developers and others. A contract
entered into by any property owner and the city under the provisions
of this article shall be effective only for a period of ten (10) years
after the date of the contract. No refunds will be made by the city
to any applicant or contracting party after this ten-year period has
expired nor shall the city ever be liable for payment of interest
on any deposit, payments or refunds provided for herein.
(2003 Code, sec. 20.97)
All lots or tracts having existing water and/or sanitary sewer
lines immediately adjacent to and could have been served at their
frontage as of March 17, 1977, shall be exempt from the pro-rata charges
of water and/or sewer connections at such date.
(2003 Code, sec. 20.98)
This article shall not affect or change any agreement or contract
for providing water and sewer service which was entered into by the
city on or before the effective date of Ordinance No. 77-0317.
(2003 Code, sec. 20.99)
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, in that event, the city council shall determine
the proper charges in accord with the intent and purpose of this article.
No person shall acquire any vested rights under the terms and provisions
of this article.
(2003 Code, sec. 20.100)
(a)
The city may install and maintain all sewer taps from the city sewer
mains to the nearest property or easement line, both inside and outside
the city limits, and shall charge for the installation and maintenance
of any such sewer taps a sum sufficient to cover the current estimated
cost thereof, such cost to be determined by use of the most recent
prices for materials taken from current invoices and the current cost
of labor. Charges for sewer taps shall be adjusted every six (6) months
by the city manager and kept on file in the water and sewer department.
(b)
For business areas, or where deep cut connections are involved, estimates
of cost will be furnished upon request. Such estimated cost must be
deposited with the water and sewer department before the work is started.
(c)
The term “paved” is defined as any concrete pavement
or compacted caliche base with asphaltic surfacing type of pavement
or concrete driveway.
(d)
The above charges shall include the cost of tapping the city sewer
main, the installation of wyes, and placing the lateral main to the
nearest property or easement line. The street maintenance department
shall make the necessary pavement repairs, the cost of same to be
included in the cost figures as above enumerated. Costs as set out
herein shall apply for connections to property inside and outside
the city limits.
(2003 Code, sec. 20.101)
(a)
The city shall install and maintain all service connections in the
streets, alleys, and easements, both inside and outside the city limits,
and shall charge for the installation and maintenance of all such
service connections a sum to cover the current estimated cost thereof,
such cost to be determined by use of the most recent prices of materials
taken from current invoices and the current cost of labor. Charges
for such water taps shall be adjusted at least every three (3) months
by the city manager and kept on file in the water and sewer department.
(b)
An estimate of the cost of all service connections larger than two
(2) inches in diameter will be furnished by the city staff, and a
deposit of the estimated amount will be required before work is started
on the installation of such connection, the final cost to be adjusted
upon completion of the work. Should the final cost of the work exceed
the amount of the deposit, a statement showing the amount of the excess
will be immediately furnished to the party or parties having made
the deposit, and a copy of same, constituting notice that the excess
amount is due, shall be furnished the contractor or owner of the property
to which service is being extended. Upon failure to receive prompt
payment of any excess amount due on such estimates, the city representative,
at his option, may refuse or discontinue water service to the property
until full payment has been made for the work performed.
(c)
If, upon completion of the work for which a deposit has been made,
the final cost is less than the amount of the estimate or deposit,
a refund of the amount of overpayment will be immediately made to
the party or parties from whom the deposit was received.
(d)
The above charges, and the estimates of cost on all service connections
larger than two (2) inches in diameter, shall include all costs incident
to making the installation of the service connection required. The
street department shall make the necessary pavement repairs, the cost
of same to be included in the cost figures as above enumerated.
(e)
The city will maintain, at its own expense, and at their original
sizes, all service from the main to the meter so long as the consumer
continues the use thereof. Whenever use of a service is abandoned
by the consumer, this obligation to maintain the service shall cease.
(f)
Costs set out herein shall apply for connections to property inside
and outside the city limits.
(2003 Code, sec. 20.102)
(a)
The rates and prices set forth in sections 13.05.002, 13.05.003, 13.05.005 and 13.05.006 of this article shall be reviewed annually by the city staff on or before June first (1st) with such adjustments being made to such rates and prices as are necessary to incorporate the then-current prevailing costs of construction of the items or extensions involved. The revisions resulting from such review shall then be presented to the city council for consideration and adoption prior to August first (1st) of that year to become effective on October first (1st) if so adopted.
(b)
Water and sewer pro-rata rates shall be determined by means of using
the following typical extension estimates using the then-current prevailing
costs of construction:
(1)
Typical water extension for 600' block:
|
Item
|
Quantity
|
Current Unit Price
|
|
Amount
|
|---|---|---|---|---|
|
10" A.C. Class 150 Pipe
|
345 L.F. @
|
$__________
|
=
|
$__________
|
|
6" A.C. Class 150 Pipe
|
5 L.F. @
|
$__________
|
=
|
$__________
|
|
4" A.C. Class 150 Pipe
|
665 L.F. @
|
$__________
|
=
|
$__________
|
|
10" Gate Valve & Box
|
1 ea. @
|
$__________
|
=
|
$__________
|
|
6" Gate Valve & Box
|
1 ea. @
|
$__________
|
=
|
$__________
|
|
4" Gate Valve & Box
|
2 ea. @
|
$__________
|
=
|
$__________
|
|
Fire Hydrant
|
1 ea. @
|
$__________
|
=
|
$__________
|
|
Wet Connection
|
1 ea. @
|
$__________
|
=
|
$__________
|
|
C.I. Fittings
|
0.4 tons @
|
$__________
|
=
|
$__________
|
|
|
|
Total Estimated Cost
|
=
|
$__________
|
|
Cost per front foot
|
=
|
Total Amount
|
=
|
$
|
=
|
$
|
|
1200 Front Feet
|
1200
|
|
Pro-rata rate for water extensions shall be the above determined
cost per front foot rounded off to the nearest one-tenth (1/10) of
a dollar.
|
(2)
Typical sewer extension for 600' block:
|
Item
|
Quantity
|
Current Unit Price
|
|
Amount
|
|---|---|---|---|---|
|
8" V.C. Pipe, 12'-14' Depth
|
345 L.F. @
|
$__________
|
=
|
$__________
|
|
6" V.C. Pipe, 0'-6' Depth
|
300 L.F. @
|
$__________
|
=
|
$__________
|
|
6" V.C. Pipe, 6'-8' Depth
|
300 L.F. @
|
$__________
|
=
|
$__________
|
|
Manholes, 0'-6' Depth
|
2 ea. @
|
$__________
|
=
|
$__________
|
|
Manholes, Additional Depth
|
9 VY @
|
$__________
|
=
|
$__________
|
|
Manhole Drop Units
|
4 VY @
|
$__________
|
=
|
$__________
|
|
Cleanouts
|
1 ea. @
|
$__________
|
=
|
$__________
|
|
|
|
Total Estimated Cost
|
=
|
$__________
|
|
Cost per front foot
|
=
|
Total Amount
|
=
|
$
|
=
|
$
|
|
1200 Front Feet
|
1200
|
|
Pro-rata rate for sewer extensions shall be the above determined
cost per front foot rounded off to the nearest one-tenth (1/10) of
a dollar.
|
(c)
Off-site pro-rata rates for water and sewer extensions shall be twice
the respective pro-rata rates established in this section and adopted
by the city council.
(2003 Code, sec. 20.103)
Water and/or sanitary sewer mains and services may be provided
to properties outside the city limits and within the extraterritorial
jurisdiction of the city under the following conditions:
(1)
The city shall not be required to make any extensions of lines when
the cost exceeds the frontage charge payments received by the city;
however, any applicant may deposit the appropriate frontage charges
for the property adjacent to the required extension, or the total
cost of the extension, whichever is greater, and may be refunded as
provided in this article. Refunds for oversize cost of water and/or
sanitary sewer mains will be made upon annexation into the city limits.
(2)
Request for extensions shall be approved by the city council.
(3)
All customers outside the city shall accept service under the same
ordinances, rules, and regulations as customers within the city limits
and pay the outside city limits water and sewer rates as covered in
city ordinances.
(4)
Compliance with all requirements of the city ordinances and state
law regarding the making and filing of plats is required.
(2003 Code, sec. 20.104)
