The city, under and pursuant to Resolution No. 616 of Preliminary
Determination and of Intention adopted April 6, 1959, proposed to
provide the means by which property owners within the city desiring
to have public sewer facilities extended to serve their property and
not wishing to have such sewer facilities extended under an assessment
district and bond issue may petition the city council of the city
to install the necessary sewer extensions in order to provide for
full growth and development of the city. This chapter is intended
to provide the means by which the proposals set forth in the aforementioned
resolution could be accomplished.
(Prior code § 17-402)
Unless the context specifically indicates otherwise, the meaning
of the terms used in this chapter shall be as follows:
mean the cost of purchasing the necessary pipe, the cost
of preparing plans and specifications, the cost of installation and
all other items of cost ordinarily connected with sewer extension
projects.
means any individual, firm, company, association, society,
corporation, or group. The singular shall include the plural.
means any individual, firm, company, association, society,
corporation, or group. The singular shall include the plural.
means a sewer lateral or a pipe or conduit for carrying sewage,
including the house lateral from the street sewer extension to the
curb.
is mandatory; "may" is permissive.
(Prior code § 17-401)
Whenever a petition requesting the installation of a sewer extension
is signed by one or more of the property owners within the area to
be serviced by such sewer extension and is filed with the city council,
and the signer or signers thereof agree to contribute his or their
pro rata share of the total cost of the installation of such sewer
extension in accordance with the provisions of this chapter, the city
council may:
A.
Authorize
the city manager to prepare a plat and indicate the boundaries of
the area in which the sewer extension is to be installed and an estimate,
in writing, as to the probable cost of such installation and a preliminary
apportionment of the total probable cost to each property owner to
be benefited by the requested sewer extension as indicated on the
plat;
B.
Direct
the city manager to file the plat and the estimated cost and preliminary
apportionment with the city clerk;
C.
Authorize
and direct the city clerk, upon receipt of the plat and report of
the estimated cost and preliminary apportionment, to notify the owners
of all of the parcels of the land within the area to be served by
the proposed sewer extension of the time and place set by the city
council to hear all persons interested in the requested sewer extension
installation. Such notice shall be by registered mail directed to
the last known address of the property owner as it appears in the
files of the city clerk. Such notice shall also contain a brief description
of the work to be performed, and the estimated cost to be borne by
the property owner.
(Prior code § 17-403)
At the time and place set for the hearing as provided for in subsection C of Section 13.28.030, the city council shall hear all persons interested in the requested sewer extension installation who request to be heard, and shall examine the plat filed with the city clerk by the city manager, the report of the city manager as to the estimated probable cost and the preliminary apportionment, and, if found satisfactory, the city council shall, by resolution, approve the plat, fix the city's contribution, if any, and fix the total minimum amount to be deposited with the city clerk by property owners before the work requested in the petition and outlined in the plat is to be commenced.
(Prior code § 17-404)
A.
When the plat has been approved and the necessary amount deposited with the city clerk as required by Section 13.28.040, the city council may, by resolution, authorize the city manager to prepare plans and specifications, and advertise for bids for performance of the improvement work required hereunder.
B.
The
procedure for the acceptance of the bid of the lowest responsible
bidder and the letting of the contract by the city council for performance
of the improvement work required hereunder shall be that required
by the statutes of the state.
(Prior code § 17-405)
At the time the property owner deposits the amount fixed by the city council as required under Section 13.28.040, the property owner shall, concurrently therewith, enter into and execute a "sewer connection agreement" with the city. Such "sewer connection agreement" shall be in a form acceptable to the city attorney.
(Prior code § 17-406)
All moneys collected under the provisions of this chapter including the city's contribution, if any, shall be deposited by the city clerk into the "sewer extension revolving fund" as created in Chapter 13.32 . All moneys so deposited into the "sewer extension revolving fund" shall be used to pay the costs attributable to the installation and maintenance of sewer extensions.
(Prior code § 17-407)
In the event that the property owners to be benefited by the installation of sewer extensions as indicated on the plat as required under this chapter, fail to deposit the amount fixed by the city council pursuant to Section 13.28.040, with the city clerk as required in this chapter, within thirty days from and after the required public hearing, the city clerk shall, when directed to do so by the city council, return all the money deposited to the persons making such deposit.
(Prior code § 17-408)
If the amount fixed by the city council to be deposited by the
property owner and the city's contribution, if any, is not sufficient
to cover the entire cost of installing the requested sewer extension,
including the preparation of plans and specifications, the city clerk
shall notify the property owners involved of the additional amount
required of such property owners to do such improvement work and within
thirty days thereafter such property owner shall deposit such additional
amount with the city clerk. Should the property owner fail to deposit
such additional amount, the city manager shall present a statement
to the city clerk showing all expenditures on behalf of the proposed
sewer construction. The city clerk shall, when directed to do so by
the city council, refund to the property owner all the money deposited
by such property owner except the property owner's proportionate share
of that amount shown by the city manager's statement to have been
expended on behalf of the proposed sewer construction.
(Prior code § 17-409)
Immediately after the completion of any sewer extension and
its acceptance by the city council, the city manager shall prorate
the entire cost thereof against all lots of property that may ultimately
be benefited by connection to such sewer extension in proportion to
the square feet thereof, or if the lots be irregular in shape, then
in such manner as may, in the opinion of the city manager, provide
an equitable distribution of costs, and file a written statement with
the city clerk setting forth the total cost of such sewer extension,
the parties contributing thereto, including the city's contribution,
if any, the prorated cost, and any other pertinent information concerning
such installation.
(Prior code § 17-410)
In the event that the required amount deposited by the property
owner in accordance with the provisions of this chapter is in excess
of the entire prorated cost of such sewer extension project, the city
clerk shall, after all proper charges for the entire cost of such
project have been paid, and upon receipt of notice of such excess
from the city manager, refund such excess to the property owner in
proportion to the required amount deposited by such property owner.
(Prior code § 17-411)
From and after the effective date of this code, whenever any
person applies for a connection to a sewer extension which has been
installed in any manner other than by a public improvement proceeding
for which assessments are levied, and the cost thereof shall have
been paid by certain property owners and/or the city, and neither
such person nor his predecessor in interest has paid the proportionate
share of the cost of such extension with respect to the property to
be served, no such application shall be acted upon or approved and
no connection to such sewer extension shall be made unless and until
such person shall have paid to the city his proportionate share of
the cost of such sewer extension in addition to any sewer connection
or permit charges required.
(Prior code § 17-412)
Upon completion and acceptance of any sewer extension installed
pursuant to the provisions of this chapter, any person desiring to
have his property connected to the city sewage system services by
such sewer extensions shall, before making such connection:
A.
Make
application with and obtain a permit for sewer connection from the
director of public works;
B.
Construct,
at his own expense, the house sewer line connecting the property services
to the sewer extension;
C.
Pay
the sewer connection fee and/or permit fee required by the city;
(Prior code § 17-413)
The city council shall, in addition to all other charges imposed
by it for sewer connection and use shall impose such additional charges
for connection and sewer use for users of the sewer system as, and
in the determination of the city council, approximate the out-of-city
users' pro rata share of the city's capital investment in that portion
of the sewer system utilized by said user.
(Prior code § 17-414)
It is the intention of the city council that nothing contained
in this chapter is to be interpreted in such a manner as to prohibit
the city from contracting with developers, subdividers and the like
for the construction of sanitary sewer facilities in accordance with
the laws of the state.
(Prior code § 17-415)
Any person, firm or corporation. who in violation of any of
the provisions of this chapter connects or causes to be connected
any property directly or indirectly to any public sewer facility constructed
as herein provided without first paying the charge placed against
such property as in this chapter provided, shall be guilty of an infraction.
(Prior code § 17-416)
