(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 rates set forth in the fee schedule in appendix A of this code, which rates are a portion of the total cost of such water and sewer mains.
(b) 
The 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 are irregular in size or shape, then the pro rata charged shall be based upon equivalent rectangular lots or tracts using one (1) front foot for each one hundred fifty (150) square feet of area, or the pro rata charges provided herein on the average frontage of such tracts, whichever is least.
(c) 
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 sixty (260) feet or more, then the pro rata charges shall be paid on both frontages when a connection is secured to the lot or tract.
(d) 
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 said property be subdivided whereby further extensions are required to service same, the terms of this article shall apply.
(Ordinance 487, art. I, sec. 1, adopted 4/23/62; Ordinance 1010, sec. 7, adopted 9/28/99; 1972 Code, sec. 26-45; Ordinance adopting 2023 Code)
(a) 
Upon request of the owner of a given lot 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 water and/or sanitary sewer mains, including necessary appurtenances, a maximum distance or [of] one hundred fifty (150) feet, excluding street intersections, plus the distance across the frontage necessary to provide the service for which application has been made. The property owner to be served shall be required to pay the charges herein provided for. Only one such one hundred fifty (150) foot extension will be made for any applicant during any twelve (12) month period. The applicant shall pay the pro rata charges on all property owned by him and which is served by the extension requested.
(b) 
The owners of all intervening property served by the given 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.
(c) 
In applying the one hundred fifty (150) 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.
(d) 
An exception to the above one hundred fifty (150) foot rule shall be made where two (2) or more individual applicants desire water and/or sewer services and the nearest applicant is more than one hundred fifty (150) feet from existing mains. In this case, the city may extend the mains upon payment of the charges due under this article provided there is one (1) customer for every one hundred fifty (150) feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service.
(e) 
At the option of the city, the following method for extending mains may be used where a single applicant’s property is more than one hundred fifty (150) feet from an existing water and/or sewer main. This method shall be available only for use by an individual owner, personal or corporate, to secure water and/or sewer service for the individual’s residence or business. Where eligible for this option, the owner may do as follows: Pay the pro rata charges provided for herein on all property served by the desired main extension, less the one hundred fifty (150) feet allowable. When any property not belonging to the applicant, for which he has advanced the pro rata costs, is connected to the said main extension, then the pro rata advanced for the frontage of the connecting property shall be refunded.
(Ordinance 487, art. I, sec. 2, adopted 4/23/62; 1972 Code, sec. 26-46)
Water and/or sewer mains may be extended to serve property which has been subdivided or platted for development and resale on the following basis and in accordance with the minimum standards and procedures described below:
(1) 
On-site extensions totally within property to be developed.
A developer shall defray the entire cost of water and sewer mains and all appurtenances that lie totally within a subdivision, except that the city will refund one hundred (100) percent of the over-size cost of any main larger than eight (8) inches for water and eight (8) [inches] for sewer, unless such larger size is necessary to serve the subdivision in question. Size of mains necessary for adequate service shall be determined by the city. Refunds for over-size cost will be made upon final acceptance of the system by the city.
(2) 
Along-site mains lying along one or more sides of a subdivided tract and serving property other than the subdivision for which the extensions are made.
(A) 
For water mains eight (8) inches and smaller and for sewer mains eight (8) inches and smaller, the developer will be refunded one-half the evaluated cost of the size main constructed as set forth in section 12.04.005. Such refunds will be made upon acceptance of the system by the city.
(B) 
For mains larger than eight (8) inches for water and eight (8) inches for sewer, the developer will be refunded one hundred (100) percent of the difference between the evaluated cost of such mains and one-half the evaluated costs of eight-inch mains, or such sizes as required to serve the subdivision.
(C) 
Where along-site mains are laid by city contract, the developer shall pay to the city one-half the evaluated cost of an eight-inch water main and/or an eight-inch sewer main, or such sizes as are required to serve the subdivision.
(3) 
Off-site extensions totally outside of property to be developed.
(A) 
Where water and/or sewer facilities are not available to a tract to be developed, mains may be extended by the city to the nearest subdivision property line at the expense of the developer requiring such extension.
(B) 
The city will then refund one hundred (100) percent of the cost of such off-site mains as evaluated in section 12.04.005, at such time as eighty-five (85) percent of the frontage available to these extensions off-site, plus eighty-five (85) percent of the available frontage within the subdivision, has connected with a bona fide customer. Where the off-site mains side property, such property shall be considered connected when served at frontage.
(4) 
Mains in place or adjacent to property to be developed.
Should an existing water or sewer main lie in a street, alley or easement in a 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 the evaluated cost of all mains up to eight (8) inches in diameter based on current values. Should such mains lie along the subdivision and serve one side only, one-half of those costs shall be paid.
(Ordinance 487, art. I, sec. 3, adopted 4/23/62; Ordinance 823 adopted 12/28/82; 1972 Code, sec. 26-47)
Extensions to serve a subdivision to the city, the plat of which has been finally approved by the city council and filed on record, may be constructed in the following manner:
(1) 
By private contract.
(A) 
Upon approval by the city, a developer of an addition may design and prepare construction plans of water and/or sanitary sewer facilities to serve the subdivision, including any access or off-site facilities that may be required.
(B) 
Plans and profiles submitted by the developer’s engineer shall be prepared on standard twenty-four (24) by thirty-six (36) inch sheets of tracing paper. Plans and profiles shall be shown at scales of one inch to fifty (50) feet horizontal and one inch to two (2) feet vertical. The engineer submitting plans and profiles must be a registered professional civil or sanitary engineer in the state, and he must affix his seal and signature to all tracings. Upon final approval, these tracings will be returned to the developer’s engineer for the purpose of making such prints as he may require. Two (2) copies of the final plans, specifications, and profiles together with the reproducible tracings shall be submitted to the city to become part of its permanent files.
(C) 
Upon approval of the plans by the city, the developer may enter into a contract with any individual or may himself construct the system as so planned; provided, however, the construction and installation of the water and/or sewer mains shall be supervised by inspectors for the city to see that the installation is made in accordance with the plans and the city’s standard specifications which shall be a part of said installation contract. When the project is ready for construction, line and grade stakes will be set by a registered professional engineer.
(D) 
No installation of water and/or sewer mains will be made at any other locations except a dedicated street, alley, or an easement running in favor of the city, which shall be filed of record by the owner of said addition.
(E) 
Any such installation, when made, shall become the property of the city, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a performance bond such as the city uses in its standard specifications and a separate payment bond as required by law which shall be a part of said installation contract. The city shall be named as one of the obligees in such bond.
(F) 
In the event the developer makes the installation himself, he shall execute said performance and payment bonds in favor of the city in the same form and conditioned in the same manner as provided for in the standard contract documents used by the city.
(G) 
The developer of any property shall receive prior approval from the city council on all contracts, and all prices for water and sewer extensions on which the city will be required to participate under terms of this section, prior to issuance of work orders to contractors, and the failure to obtain such prior approval shall, at the option of the city, excuse the city from any such participation.
(2) 
By city contract.
(A) 
A developer of a subdivision may deposit with the city the total estimated cost of such extensions including engineering required to serve his property and including the cost of approach of off-site mains fronting property not owned by the developer if required.
(B) 
The city will construct such mains and upon determination of final completion cost will refund any excess amount deposited or require of such developer additional funds to defray the entire cost of the project.
(C) 
Refundable amounts for off-site costs or oversize costs will be determined and refunded as set forth in section 12.04.005, in no case to exceed more than the actual cost of the installation.
(Ordinance 487, art. I, sec. 4, adopted 4/23/62; Ordinance 823 adopted 12/28/82; 1972 Code, sec. 26-48)
(a) 
The city shall install and maintain all water service connections in the streets, alleys, and easements, both inside and outside of the city limits, and shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof; such sum is to be determined and collected by the water and sewer department and shall be at a rate set by resolution of the city council.
(b) 
For services larger than two (2) inches in diameter, an estimate of the cost for the connection will be provided by the utilities department, and a deposit of the estimated amount will be required before work is started on the installation of such connection. 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 person having made the deposit, and this amount will be due before water service is actually begun. Should the final cost be less than the amount of the estimate or deposit, a refund of overpayment will be immediately made to the person from whom the deposit was received.
(Ordinance 487, art. II, sec. 1, adopted 4/23/62; Ordinance 678, sec. 1, adopted 12/23/74; 1972 Code, sec. 26-50)
(a) 
The city shall install all sanitary sewer service connections in the streets, alleys, and easements, both inside and outside of the city limits, and shall charge for each connection to a wye, provided within ten (10) feet of the surface of the ground; a charge shall be made for the same as set by resolution of the city council.
(b) 
The property owner shall install a service line at his expense to the city’s lateral, in accordance with regulations and subject to the inspection of the city, and shall thereafter maintain said service line to and including the wye.
(c) 
Each house or building within the city shall be served by a separate and independent sanitary sewer connection, except where auxiliary buildings or two (2) dwellings are located on the same lot.
(Ordinance 487, art. II, sec. 2, adopted 4/23/62; Ordinance 678, sec. 2, adopted 12/23/74; 1972 Code, sec. 26-51)
(a) 
Any and all sums of money hereinafter collected as a pro rata charge of deposit for water and/or sewer extension, at the rates set out in this article, shall be credited to the water and sewer extension fund of the city and all refunds shall be paid from said fund.
(b) 
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 determination of the city council the extensions may not be practical.
(Ordinance 487, art. I, sec. 6, adopted 4/23/62; 1972 Code, sec. 26-52)
Except as otherwise provided, all refunds provided for in this article shall be made on November first and May first of each year, and shall include funds then accrued to the credit of the developers and others. A refund 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 said contract. No refunds will be made by the city to any applicant or contracting party after this ten (10) year period has expired nor shall the city ever be liable for payment of interest on any deposits or refunds provided for herein.
(Ordinance 487, art. I, sec. 7, adopted 4/23/62; 1972 Code, sec. 26-53)
This article shall not affect or change any agreement or contract for providing water and sewer services which was entered into by the city on or before the effective date of this article.
(Ordinance 487, art. I, sec. 8, adopted 4/23/62; 1972 Code, sec. 26-54)
Where 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, the city council shall determine the proper charges in accord with the intent and purpose of this article.
(Ordinance 487, art. I, sec. 9, adopted 4/23/62; 1972 Code, sec. 26-55)