Chapter 13.04 — PUBLIC UTILITY EXTENSION REGULATIONS

It is the intent and purpose of this chapter to provide means by which City water supply and sewage disposal facilities may be constructed, extended, and expanded to provide service for new development within the City.

(Prior Code § 11-3.01)

For purposes of this chapter, the following definitions are used:

A.

"Basic fee" means the fees provided for in Section 13.04.150.

B.

"Cooperative utility extension project" means a cooperative project, as contemplated by this chapter, between the City and a developer for the extension of City sanitary sewers and/or water facilities.

C.

"Developer" means individual, firm, or corporation who intends to construct upon, develop, subdivide or otherwise improve upon any real property located in the City or property outside the City where proper application for annexation has been made, and who intends to request or make necessary the extension of existing City sanitary sewer or water services.

D.

"Dwelling unit" means one or more rooms designed for occupancy by one family or one individual for living or sleeping purposes and having only one kitchen.

E.

"Extension" means an increase in the capacity of existing City utilities, whether by an extension of lines or otherwise.

F.

"Minimum size extensions" means water lines and sewer lines of sufficient size and capacity to serve the particular development contemplated by a developer irrespective of any other size or capacity which the City may deem advisable to serve a future need.

(Prior Code § 11-3.03)

A.

To be eligible for the extension of City utilities as defined in Section 13.04.020, it shall be necessary that the proposed development:

1.

Lie fully within the City limits of the City.

2.

The owner or owners of such proposed development must have submitted a petition applying for annexation to the City and the proposed boundaries of such annexation shall have been approved by the county boundary commission.

B.

City utilities shall not be available to any development not qualifying under subdivisions 1 and 2 of Subsection A.

(Prior Code § 11-3.03)

Utility service extension when determined feasible by the City Council shall be carried out with the following primary priority:

A.

Developed areas within the City limits.

B.

Undeveloped areas within the City limits.

C.

Developed areas outside the City limits which have properly applied for annexation.

D.

Undeveloped areas outside the City limits which have properly applied for annexation.

(Prior Code § 11-3.04)

A.

Notwithstanding anything contained in this chapter to the contrary, the City Council shall specifically retain the right to reject any application for a cooperative utility extension project when the City Council determines that such project is impractical or not economically feasible, or otherwise not feasible, or when it is not in the best interests of the City to enter into such a project.

B.

The City specifically retains the right to determine the point or points where connections to existing utilities shall be made, the route and location of any extension, the size or capacity of any extended utility, the right to inspect all construction, and the right to determine the time schedule for such construction. In no case shall the City participate in the construction of internal improvements in or from any proposed development.

C.

Use of City funds shall be limited to that portion of proposed construction lying between the existing City utilities and the closest point thereto of the proposed development.

D.

It shall be the responsibility of the developer to service his development to the standards established by the City. Such service shall include the construction of any necessary outfall or trunk lines across any frontage as determined by the City.

(Prior Code § 11-3.05)

Applications for City participation in a cooperative utility extension project shall be filed by the developer with the City Clerk, and shall include the following documents and data:

A.

A current title report showing the owner or owners of record and a legal description of the property to be developed.

B.

A Planning Commission approved tentative map, Planning Department approved plot plan or Planning Commission approved lot split map.

C.

A detailed estimate of the cost of the proposed extension of utilities without City participation and calculations supporting proposed design capacities.

D.

It shall be the responsibility of the developer to service his development to the standards established by the City. Such service shall include the construction of any necessary outfall or trunk lines across any frontage as determined by the City.

(Prior Code § 113.05)

A.

Upon receipt of an application as noted in Section 13.04.060, the City Engineer shall review such plans and estimates and shall cause to be completed any additional preliminary plans and detailed estimates showing any changes or additions in the scope and location of the project made necessary by reason of the City's need for future extension. In addition, the City Engineer's report shall contain a detailed breakdown of the economic factors pertinent to the project which shall include:

1.

Number of units to be served immediately.

2.

Number of potential units.

3.

Map showing the general service benefit area.

4.

Total estimated cost for the developer.

5.

Total estimated cost for the City.

6.

Total basic fees to be paid by the developer.

B.

The City Engineer's report shall be forwarded to the City Council within 30 days of the receipt of the application.

(Prior Code § 113.07)

Upon completion of the City Engineer's report, the City Engineer shall forward such report together with the original application to the City Council. The Council shall, within 30 days from receipt of such report, approve, disapprove, conditionally approve or modify the project as the Council deems advisable.

(Prior Code § 11-3.08)

The City Council shall have the right to direct the engineering and construction of any cooperative extension project and shall have the express authority to require that all phases of the work, including engineering, be accomplished by the developer to the applicable City requirements and standards.

(Prior Code § 11-3.009)

No construction shall begin nor bids for construction be accepted by the City until:

A.

All necessary fees and estimated costs have been paid by the developer to the City.

B.

Final plans and specifications for the project have been approved by the City Engineer, City Attorney and City Council.

C.

An agreement has been entered into between the City and the developer, setting forth, among other things, the name and mailing address of the developer, a description of the project, the scope of participation of the developer, and the amount of fees paid and costs advanced by the developer, the scope of City participation including a statement of responsibility for engineering and construction, the estimated completion time for construction, a map and description of the boundaries of the benefit district in the case of domestic water facility extension, and such further information as is deemed appropriate or essential by either party to the agreement.

(Prior Code § 113.10)

A.

The cost to the developer for the extension of exiting sanitary sewer facilities shall be computed by estimating the cost of the minimum size extension necessary to service the proposed development as set forth in the City Engineer's report. Credit against such cost shall be given in the amount of fees required to be paid into the utility extension revolving fund for sanitary sewer extension as provided in Section 13.04.150. All fees and costs paid by the developer shall be paid in cash or by certified check, and such monies shall be deposited in the utility extension revolving fund. The cost to the developer shall be adjusted upon completion of the project so that the amount of money actually on deposit shall equal the actual cost of the minimum size sanitary sewer extension required for the project. The developer shall be liable to the City for any deficiency and the City will refund any excess over actual cost.

B.

The City will be responsible for payment of all costs to construct any capacity deemed necessary by the City which is greater than the calculated capacity necessary to service the proposed development alone. Funds to finance such City participation may be drawn from the sewage capital outlay fund, the utility extension revolving fund, or from such other sources as the Council may direct and may be applied to any such approved project for portions of the work including, without limitation, outfall sewer construction, trunk sewer construction and lift station construction, together with any items of work appurtenant thereto.

C.

So much of this section as requires that fees and costs be paid in cash or by certified check shall not be applied to any lawfully organized religious, charitable, or nonprofit institution or organization doing business within the state; provided, however, that the City shall take steps to provide for the payment of the required fees and costs by any such institution or organization in a manner which will reasonably protect the interests of the City therein.

(Prior Code § 11-3.11(a))

A.

The developer, his heirs, successors and assigns shall be eligible for reimbursement of all monies paid by him and deposited in the utility extension revolving fund for sanitary sewers over and above the basic fees provided for in Section 13.04.150, but shall exclude reimbursement of the connection fees otherwise required by this code. The developer shall be entitled to reimbursement out of fees paid by subsequent applicants for sanitary sewer service where such applicants make use of the extension constructed by or for the original developer. Reimbursement payments shall be computed by the City Clerk annually, and shall include all fees actually paid into the utility extension revolving fund by subsequent users of the extension on or before December 1 of each year. Reimbursement to the developer in any one year shall not exceed 90 percent of the total amount paid into the utility extension revolving fund on or before December 1 of each year by subsequent users of the extension. Reimbursement payments shall be made on or before January 15 of each year until the entire amount subject to reimbursement is paid to the developer, or ten years have elapsed from the date that the original extension was accepted by the City, whichever occurs first. After the total amount subject to reimbursement has been paid to the developer, his heirs, successors or assigns, or after ten years have elapsed, as provided herein, all fees collected for connections to the

original extension shall belong entirely to the City and shall be deposited in the utility extension revolving fund. Reimbursement payments shall be made from the utility extension revolving fund or from such other sources as the City Council may direct. No interest shall be paid on any amount reimbursed to the developer or his heirs, successors or assigns, nor shall any interest accrue on any money paid by the developer to the City.

B.

Reimbursement for any further extension of an extension shall be made only after full reimbursement has been made to the original developer, and further extensions shall have priority for reimbursement as to each other based on the dates of approval of the applications for such extensions, the first in time having priority.

(Prior Code § 11-3.11(b))

A.

The cost to the developer for the extension of existing domestic water transmission facilities shall be computed by estimating the cost of the minimum size extension necessary to service the proposed development, as set forth in the City Engineer's report. Credit against such cost shall be given in the amount of the fees required to be paid into the utility extension revolving fund for water line extensions, as provided for in Section 13.04.150. All fees and costs paid by the developer shall be paid in cash or by certified check, and such monies shall be deposited in the utility extension revolving fund. The cost to the developer shall be adjusted upon completion of the project so that the amount of money actually on deposit shall equal the actual cost of minimum size extension required for the project. the developer shall be liable to the City for any deficiency, and the City will refund any excess over actual cost.

B.

The City will be responsible for payment of all costs to construct any capacity deemed necessary by the City which is greater than the calculated capacity necessary to service the proposed development alone. Funds to finance such City participation may be drawn from the utility extension revolving fund, the water capital fund, or from such other sources as the City Council may direct. City participation shall be limited to projects involving construction of domestic water facilities, together with all appurtenances thereto, and shall not include such items as the drilling of wells or the development of sources of water supply.

C.

So much of this section as requires that fees and costs be paid in cash or by certified check shall not be applied to any lawfully organized religious, charitable, or nonprofit institution or organization doing business within the state; provided, however, that the City shall take steps to provide for the payment of the required fees and costs by any such institution or organization in a manner which will reasonably protect the interests of the City therein.

(Prior Code § 11-3.12(a))

A.

The developer, his heirs, successors and assigns shall be eligible for reimbursement of all monies paid by him and deposited in the utility extension revolving fund for water line extensions over and above the basic fees provided for in Section 13.04.150, but shall exclude any service fees otherwise required by this code. Such reimbursement shall be made at the same time and in the same manner and with the same limitations as is provided for reimbursement in Section 13.04.120. The determination as to whether a subsequent application for service following the completion of the domestic water facility extension shall be considered within the area of benefit of the original extension which would entitle the original developer to

reimbursement shall be made by the City Engineer. The City Engineer shall prepare a map or boundary description outlining the benefit district indicating the area benefited from the original domestic water facility extension and such map or boundary description shall be attached to the agreement provided for in Section 13.04.100, if feasible. The original developer shall be entitled to reimbursement annually, based on applications within the benefit district which are approved and where the necessary fees are paid by the applicant within any particular year.

B.

Reimbursement for any further extension of an extension shall be made only after full reimbursement has been made to the original developer and further extensions shall have priority for reimbursement as to each other based on the dates of approval of the applications for such extensions, the first in time having priority.

(Prior Code § 11-3.12(b))

A.

Residential Development. The following schedule of fees shall apply to residential development. This shall include construction within zones A-R, A-E, R-1-0, R-1-8, R-1-6, R-1-5, R-1-4, R-1-3, R-2, R-1-M, R-3-2, R-3-2.5, R-3-1, R-3-1.5, R-M, and R-T as defined in Title 17. The unit, as provided below, is a dwelling unit as defined in subsection D of Section 13.04.010.

B.

Commercial and Industrial Development. The following schedule of fees shall apply to commercial and industrial development. This shall include construction within zones C-N, C-O, C-C, C-T, C-G, M-1, and M- 2, as defined in Title 17. the unit of measurement shall be a square foot which shall be defined as a square foot of gross building area using outside building dimensions.

C.

Notwithstanding anything contained in this section to the contrary, the connection fees and service fees otherwise provided in this code remain in full force and effect and are in addition to the fees provided for under this chapter.

D.

Development of land which prior to July 1, 1952, lay within the City limits shall not be subject to the fees and costs provided by this chapter relating to sanitary sewer facilities where laterals now exist to service such area, nor shall such land be subject to the fees and costs provided for by this chapter relating to water transmission extensions where water lines now are in existence to service such area.

(Prior Code § 113.14; Ord. CS 766, 10-26-1998)