In accordance with Article VII of this chapter, no person shall
construct, extend or connect to any public sewer without first obtaining
a written permit from the city and paying all fees and connection
charges and furnishing bonds as required in Article VII. The provision
of this article requiring permits shall not be construed to apply
to contractors constructing sewers and appurtenances under contracts
awarded and entered into by the city.
(District code Ch. 5 Art. II § 31.01)
Standards for the design and construction of sewers within the
city shall be in accordance with the city standard specifications
adopted by the city council. Copies are on file at the offices of
the city clerk and the engineering division. The engineer-consultant
and city manager, with the consent of the city council, may permit
modification or may require higher standards where unusual conditions
are encountered.
(District code Ch. 5 Art. II § 31.02; Ord. 95-1 § 1)
The application for a permit for public sewer construction shall
be accompanied by three complete sets of plans, profiles and specifications,
complying with all applicable ordinances, rules and regulations of
the city, prepared by a civil engineer registered in the state, showing
all details of the proposed work based on an accurate survey of the
ground. The application, together with the plans, profiles and specifications
shall be examined by the engineer-consultant and city manager who
shall require them to be modified as deemed necessary for proper installation.
After the above review, the application, plans, profiles and specifications
shall be submitted to the city council at its next regular meeting
for its consideration. When the city council is satisfied that the
proposed work is proper and the plans, profiles and specifications
are sufficient and correct, it shall order the issuance of a permit
predicated upon the payment of all connection charges, fees and furnishing
bonds and deposits as required by the city. The permit shall prescribe
such terms and conditions as the city council finds necessary in the
public interest.
(District code Ch. 5 Art. II §)
The requirements of Sections
13.08.150 and
13.08.155 shall be fully complied with before any final subdivision map shall be approved by the city council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the city council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider.
(District code Ch. 5 Art. II §)
In the event that an easement is required for the extension
of the public sewer or the making of connections, the applicant shall
procure and have accepted by the city council a proper easement or
grant of right-of-way having a minimum width of ten feet sufficient
in law to allow the laying and maintenance of such extension or connection.
(District code Ch. 5 Art. II §)
Only properly licensed contractors shall be authorized to perform
the work of public sewer construction within the city. All terms and
conditions of the permit issued by the city to the applicant shall
be binding on the contractor. The requirements of this article shall
apply to side sewers installed concurrently with public sewer construction.
(District code Ch. 5 Art. II § 31.06)
Any person constructing a sewer within a street shall comply
with all state, city laws, ordinances, rules and regulations pertaining
to the curing of pavement, opening, barricading, lighting and protecting
of trenches, backfilling and repaving thereof and shall obtain all
permits and pay all fees required prior to the issuance of a permit
by the city.
(District code Ch. 5 Art. II § 31.07)
As a condition of final acceptance by the city, three sets of
as-built drawings on cronaflex showing the actual locations of all
mains, structures, wyes, laterals and other changes to the construction
drawings shall be filed with the city.
(District code Ch. 5 Art. II § 31.08)
Before acceptance of any sewerage works by the city and prior
to the admission of any sewage into the system, the sewerage works
shall be tested and shall be completed in full compliance with all
requirements of the city standard specifications and to the satisfaction
of the city manager and the engineer-consultant.
(District code Ch. 5 Art. II § 31.09)
A reimbursement agreement providing for collection and disbursement of fees for connection to a privately financed mains sewer line shall be as provided in Sections
13.08.200 through
13.08.240.
(District code Ch. 5 Art. II § 31.10)
Whenever the construction of main sewer line within the city
at private expense (other than through assessment district proceedings)
is completed after July 1, 1973 and the city council on advice of
the city manager and engineer-consultant finds that the main sewer
line when so contracted potentially will serve properties of persons
other than those paying the costs of construction thereof, partial
reimbursement of construction cost will be determined as provided
in this article.
(District code Ch. 5 Art. II § 31.10(a))
Any person, firm or corporation proposing to construct a main
sewer line shall make application to the city manager for a certificate
of entitlement to reimbursement. If the city manager finds that the
main sewer line to be constructed may reasonably be expected to benefit
properties owned by persons other than those proposing to construct
it and that the final construction costs as shown by itemized statements
submitted are reasonable, he or she shall recommend to the city council
that a certificate of entitlement to reimbursement be granted to applicant.
If the city council concurs in the recommendation of the city manager,
it shall, by resolution, declare the applicant entitled to partial
reimbursement for construction costs. In the event of disagreement
with the findings or recommendations of the city manager and engineer-consultant,
applicant may appeal directly to the city council for final determination.
(District code Ch. 5 Art. II § 31.10(b))
Partial reimbursement for main sewer line construction cost
shall be made through payment to the applicant of funds as are paid
to the city as required in accordance with the provisions of this
chapter until such time as the reimbursable portion of the cost of
the line is fully reimbursed or ten years shall have elapsed from
the date of approval of the certificate of entitlement to reimbursement
by the city council.
(District code Ch. 5 Art. II § 31.10(c))
Wherever the term "construction cost" is used in this section
it will be limited to: excavation; pipe material, appurtenances and
installation of same; ballast, bedding, backfill, paving materials
and installation of same; sewer inspection fees and field surveying
necessary for pipe installation. It will not include office engineering
or overhead costs, field stake out, easement costs or any other items
not listed in this section.
(District code Ch. 5 Art. II § 31.10(d))
Where the certificate of entitlement to reimbursement relates
to a main sewer line not over twelve inches in diameter, upon which
other properties front, the partial reimbursement of costs shall be
made from reimbursement fees paid to the city by the properties fronting
thereon based on the construction cost spread over the total from
fees of the property benefited, as determined by the city manager
and engineer-consultant and as set forth in the frontage certificate
of entitlement to reimbursement. The city will maintain a frontage
reimbursement record in which the frontage reimbursement fees collected
and disbursed will be accounted for by sewer project designation and
applicant.
(District code Ch. 5 Art. II § 31.10(e))
A. Where the certificate of entitlement to reimbursement relates to a main sewer line fifteen inches in diameter or larger, partial reimbursement of the costs shall be made from area reimbursement fees paid to the city by all properties benefited. Under this type of certificate, the estimated construction cost, as determined by the city council of a hypothetical main sewer line twelve inches in diameter will be deducted from the total construction cost and this deduction will be reimbursed under Section
13.08.220, provided a front-age certificate of entitlement to reimbursement is issued.
B. Reimbursement
of the remaining portion of the construction shall be made for area
reimbursement fees computed in accordance with the following formula:
Where C equals estimated total construction cost and
city expenses of administration for the entire main sewer line system
fifteen inches in diameter or larger serving all benefited properties;
Where G equals estimated total average design flow in gallons
per day from all benefitted properties;
Where D equals two hundred fifty (estimated design flow in gallons
per day from a single-family dwelling unit). This factor will be modified
for other than single-family dwelling unit property developments by
the proportionate relationship which these other uses bear to a dwelling
unit;
And F equals area reimbursement fee to be collected from owners
to benefitted properties.
(District code Ch. Art. II § 31.10(f))
A. The
city will maintain an area reimbursement record in which the area
certificate of entitlement to reimbursement will be entered upon approval
by the city council, as a credit to the applicant or applicants entitled
thereto. Area reimbursement fees collected and disbursed will be accounted
for by sewer project designation and applicant. On January 2nd of
each year after the effective date of the ordinance from which this
chapter is derived, a review of each area reimbursement record will
be made to determine the pro rata share which each applicant is entitled
to, which has not been reimbursed. The pro rata share of entitlement
to reimbursement will be adjusted by allowing a four percent increase
in the share, which will be applied for each ensuing year on the amounts
which have not been reimbursed; provided, the area certificate of
entitlement to reimbursement is issued prior to July 1st immediately
prior to the review. This amount of reimbursement will not be altered,
only the pro rata shares. Reimbursement will then be made based on
the adjusted pro rata shares.
B. Area
reimbursement fees, collectible from applicants who have a credit
in the same area reimbursement record, will be applied direct to their
account to reduce their credit to the extent that such credit exists.
In every case, city administrative fees must be paid before any reimbursement
is applied to applicant's account.
(District code Ch. 5 Art. II § 31.10(g))
The city reserves the right in granting a certificate of entitlement
to reimbursement to require that a payee be named to act for and on
behalf of all persons, firms or corporations interested in reimbursement
where the applicant is other than an individual.
(District code Ch. 5 Art. II § 31.10(h))
Where special conditions exist, in the opinion of the city, relating to any agreement pursuant to Sections
13.08.195 through
13.08.235, they shall be the subject of a special contract between the city and the person making the public sewer main extension.
(District code Ch. 5 Art. II § 31.11)