Patterson Municipal Code Art. V Public Sewer Construction

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, paying all fees and connection charges and furnishing bonds as required therein. The provision of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the city.

(Ord. 250 § 601, 1974)

Minimum standards for the design and construction of sewers within the city shall be in accordance with the city standard specifications. Copies will be on file at the office of the city manager. The city manager may permit modifications or may require higher standards where unusual conditions are encountered.

(Ord. 250 § 602, 1974)

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 city manager who shall, within twenty days, approve them as filed or require them to be modified as deemed necessary for proper installation. When the city manager is satisfied that the proposed work is proper, and the plans, profiles and specifications are sufficient and correct, he shall cause 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 finds necessary in the public interest.

(Ord. 250 § 603, 1974)

The requirements of Sections 13.02.300 and 13.02.310 of this chapter shall be fully complied with before any final subdivision map shall be approved by the city. 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 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.

(Ord. 250 § 604, 1974)

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 a right-of-way having a minimum width of ten feet sufficient in law to allow the laying and maintenance of such extension or connection.

(Ord. 250 § 605, 1974)

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 section shall apply to side sewers installed concurrently with public sewer construction.

(Ord. 250 § 606, 1974)

Any person constructing a sewer within a street shall comply with all laws, ordinances, rules and regulations pertaining to the cutting 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.

(Ord. 250 § 607, 1974)

As a condition of final acceptance by the city, three sets of "as-built" drawings showing the actual locations of all mains, structures, wyes, laterals and other changes to the construction drawings shall be filed with the city manager.

(Ord. 250 § 608, 1974)

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 at the expense of the applicant and shall be complete and in full compliance with all requirements of the standard specifications and to the satisfaction of the city manager.

(Ord. 250 § 609, 1974)

Sections 13.02.400 through 13.02.470 provide for collection and disbursement of fees for connection to a privately financed main sewer line.

(Ord. 250 § 610 (part), 1974)

Whenever the construction of a main sewer line within the city at private expense (other than through assessment district proceedings) is completed after November 5, 1974 and the city manager finds that such main sewer line, when so contracted, potentially will serve properties of persons other than those paying the cost of construction thereof, partial reimbursement of construction cost will be determined as provided herein.

(Ord. 250 § 610 (part 1), 1974)

Any person, firm or corporation proposing to construct, extend or over-size above an eight-inch diameter sewer line shall make application to the city manager for a certificate of entitlement to reimbursement. If the city manager finds that such 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 may recommend to the city council that a certificate of entitlement to reimbursement be granted to the applicant. If the council concurs in the recommendation of the city manager, it may 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, the applicant may appeal directly to the council for final determination.

(Ord. 250 § 610 (part 2), 1974; Ord. 314 § 1, 1979)

Partial reimbursement for sewer line construction cost shall be made through payment to the applicant of such 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.

(Ord. 250 § 610 (part 3), 1974; Ord. 314 § 2, 1979)

Wherever the term "construction cost" is used in this chapter it will be limited to: Excavation; type 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 cost, easement costs or any other items of cost not listed immediately above.

(Ord. 250 § 610 (part 4), 1974; Ord. 314 § 3, 1979)

When a person is granted a certificate of entitlement to reimbursement, the exact amount to be reimbursed, the method for determining contributions toward reimbursement from those benefiting from the construction and the terms for payment to the person by the city, shall be the subject of a special contract between the city and the person constructing, extending or oversizing a sewer. Partial reimbursement of privately financed sewers qualifying under the terms of this chapter shall be accomplished by fees collected by the city upon connection to the subject sewer by those benefiting from it. Fees shall be based upon the construction costs of the sewer divided according to property frontage along the alignment of the sewer or the pro rata share of the sewer's capacity used by those connecting to it, or a combination of both, as determined by the city manager and approved by the city council.

(Ord. 610 (part 5), 1974; Ord. 314 § 4 (part), 1979)

The city manager will maintain a reimbursement record in which fees owed, collected and disbursed in accordance with the contract between the city and the applicant will be accounted for by project designation and applicant. In January of each year, after the effective date of this chapter, a review of each 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 the ratio of the current construction cost index to that prevailing at the time of construction, which will be applied on the amounts which have not been reimbursed. The construction cost index shall be as published by McGraw-Hill, Inc., in "Engineering News Record." The amounts of reimbursement will not be altered; only the pro rata shares. Reimbursement will then be made based on the adjusted pro rata shares.

(Ord. 610 (part 6), 1974; Ord. 314 § 4 (part), 1979)

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.

(Ord. 250 § 610 (part 7), 1974; Ord. 314 § 5, 1979)

Whenever the city constructs, extends or over-sizes a sewer above eight inches in diameter, the city may collect fees from those benefiting from the construction in the manner set forth in Section 13.02.460 upon their connection to said sewer.

(Ord. 250 § 611, 1974; Ord. 314 § 6, 1979)