(a)
This division provides a mechanism and policy for the city council
to authorize the mayor to execute cost sharing agreements with owners
of property who request that the city extend water and/or wastewater
service to property within the city limits or the city’s extraterritorial
jurisdiction.
(b)
Subject to availability of funds appropriated during the current
fiscal year budget for such purpose, the city council may authorize
the mayor to enter into cost sharing agreements with owners of property
regarding the extension of water and/or wastewater service, with the
cost of such extension shared by the city and the owner according
to a cost sharing formula agreed upon by the city and the owner.
(Ordinance 02042019-4, sec. I, adopted 2/4/19)
(a)
Pursuant to this division, when the city elects to construct the
water and wastewater improvements, the owner must provide the city,
at the time of execution of the cost sharing agreement, with cash,
a certified or cashier’s check, or a letter of credit in an
amount equal to one hundred percent (100%) of the owner’s share
of the estimated cost of the project, as determined by the city’s
director of public works.
(b)
At its discretion, the city may agree, pursuant to a cost sharing
agreement with the owner of property within the city limits or its
extraterritorial jurisdiction, that the owner shall construct the
water and/or wastewater improvements by the owner hiring its own contractor.
In such an event, the contractor shall be approved by the city and
shall design and construct any such improvements concerning the extension
of service pursuant to all applicable city codes, laws, policies and
regulations.
(c)
Should the owner and city agree that the extension of water and/or
wastewater improvements constructed pursuant to this division shall
be done by a contractor hired by owner, no such construction of the
improvements shall commence until such time as design and construction
specifications are submitted to the city and approved by the city’s
director of public works and engineer.
(d)
When the city council authorizes the execution of a cost sharing agreement, and it is agreed that the city will construct such improvements, the city will perform all design work, bidding and construction work using city staff or contracted services, except when the city elects, under subsection (b) of this section, to have the owner construct the improvements.
(Ordinance 02042019-4, sec. II,
adopted 2/4/19)
An owner applying for a cost sharing agreement shall provide
the city with all on-site easements necessary for the project for
which cost sharing is sought. The owner shall make a reasonable effort
to secure all necessary off-site easements required by the project.
If the owner cannot reasonably require all necessary off-site easements,
the city will use its best efforts to acquire the necessary off-site
easements for the proposed project using its eminent domain authority,
where necessary. For purposes of this policy, acquisition costs of
off-site easements obtained by the city shall be deemed to be “shared
costs” between the city and the owner. The city reserves the
right to withdraw any cost sharing agreement under this policy if
the city determines, in its discretion, that the cost of acquiring
any necessary off-site easements is prohibitively expensive.
(Ordinance 02042019-4, sec. III,
adopted 2/4/19)
The city council reserves the right to refuse to extend water
and/or wastewater service pursuant to this division when it determines,
in its sole discretion, the following:
(1)
The extension of the proposed water and/or wastewater service is
not cost effective due to location, topography or other conditions,
or the capacity of the city’s existing water and/or wastewater
facilities is not adequate to provide such service;
(2)
The condition of the city’s water and/or wastewater fund does
not warrant additional expenditures for water and/or wastewater service
at such time;
(3)
The proposed extension is contrary to a policy previously approved
by the city council regarding its water and/or wastewater service,
any comprehensive master zoning plan, or other development policies
adopted by the city council, as those policies may currently exist
or be amended in the future;
(4)
It is determined by the city council that the owner lacks the financial
resources or responsibility to complete the proposed extension of
water and/or wastewater services.
(Ordinance 02042019-4, sec. IV,
adopted 2/4/19)
An owner seeking to enter into a cost sharing agreement for
the extension of water and/or wastewater service shall make application
to the city. The application shall be in a form approved by the city,
and shall include, at a minimum, the following:
(1)
A drawing or description, as best known to the owner, regarding the
location of existing water and wastewater facilities capable of servicing
the property and the location of the proposed extension of water and/or
wastewater service;
(2)
Whether the proposed extension of water and/or wastewater service
requires additional on-site easements dedicated to the city, [and]
a statement by the owner that he/she will secure such easements at
the applicant’s costs and submit the same to the city at the
time a cost sharing agreement is entered into between the city and
the owner;
(3)
A calculation of the estimated number of feet of water and/or wastewater
lines required to bring service to the proposed property;
(4)
A statement that the owner will comply with this division by depositing
with the city, at the time a cost sharing agreement is executed, a
sum equal to one hundred percent (100%) of the applicant’s share
of costs as determined by the city; and
(5)
The applicant’s name, and the name of all current owners of
the property to be served. If the owner of the property is a corporation,
partnership, joint venture or other entity, the application must disclose
the names of all owners or partners making up such business. Identification
of any and all such owners is necessary to assist the city council
in performing a conflict of interest analysis.
(Ordinance 02042019-4, sec. V, adopted 2/4/19)
The mayor is authorized to execute and may approve cost sharing
agreements with an owner under the terms of this division upon city
council approval. City council approval of cost sharing agreements
is required in all cases.
(Ordinance 02042019-4, sec. VI,
adopted 2/4/19)
This policy applies to property within the city limits and the
city’s extraterritorial jurisdiction.
(Ordinance 02042019-4, sec. VII,
adopted 2/4/19)
(a)
Any and all improvements concerning water and/or wastewater service
that may be constructed by an owner pursuant to a cost sharing agreement
with the city shall be dedicated to the city once the improvements
are completed and such service is provided to the property. Such dedication
shall allow for the city to perform any and all necessary work concerning
the water and/or wastewater regarding the improvements in question,
which may include, but are not limited to, operating, repairing, maintaining,
rebuilding and/or replacing any such improvements concerning the property
in question.
(b)
Any and all easements obtained in providing water and/or wastewater
service to a property the subject of any cost sharing agreement as
provided herein shall be dedicated to the city and shall be perpetual
and exist as long as the city has the authority and necessary to perform
any such act as relative to the service and infrastructure in question.
(Ordinance 02042019-4, sec. VIII,
adopted 2/4/19)
