Woodlake Municipal Code Ch. 13.28 Proration of Water and Sewer Construction Costs

The purpose of this chapter is to provide an expedient method of financing water and sewer construction in cases where all benefitted property owners do not wish to participate in such construction and will not benefit therefrom until connecting to such water or sewer construction. The method shall provide for equal proration of costs within a reasonable period of time among the parcels to be benefitted.

(Ord. 258 § 1, 1973)

Owners of real property within the city desiring to have the city water and/or sewer system extended in accordance with the provisions of this chapter, shall make written application wherefore to the city, stating the location and limits of the requested public water and/or sewer extension, together with a description of their property. The city shall evaluate the feasibility and practicability of the proposed water and/or sewer extension and shall estimate the cost of the project including all costs normally charged by the city to persons extending public sewers or water systems and shall submit to the city council a map showing the area to be served and benefitted by said sewer and/or water extension, All such water and/or sewer extensions shall be within the boundary lines of a public street or a public easement.

The water and/or sewer extensions shall extend to a point on the parcel being served to properly serve the property. The city shall withhold such amount of the refund due under Section 13.28.080, to insure the payment to the city.

In those instances where the cost of extension is less than the amount due the city, the owner may pay the difference or sign a consent to a future assessment.

The city manager shall report to the city council regarding the proposed water and/or sewer extension and if the council determines the extension to be in the public interest, it may grant the request for initiation of the water and/or sewer extension project.

(Ord. 258 § 2, 1973)

Whenever the application of property owners for public water and/or sewer extensions has been granted by the city council, the applicant shall deposit with the city, in cash, an amount equal to the total cost estimate of the project. No work shall be started upon the project until the specified deposit has been made, except as provided in Section 13.28.050.

(Ord. 258 § 3, 1973)

The city shall prepare plans, specifications and proposal agreements for the construction of the proposed public water and/or sewer extension. The city shall advertise for sealed proposals, and contracts will be let to the lowest responsible bidder by the city council, except as provided in Section 13.28.050.

Upon completion and acceptance of the work by the city, the city will prepare a statement of the final cost of the public water and/or sewer extension. If it shall be found that the actual cost upon completion of the project is less than the estimated cost, the excess of the money paid to the city shall be refunded to the applicants in the same proportion that it was paid to the city. When the actual cost exceeds the estimated cost, the applicants upon notice and demand shall forthwith pay the prorated deficiency in cash. No connection to the constructed water system and/or sewer shall be permitted by the city until such additional payment, if necessary, is made.

(Ord. 258 § 4, 1973)

The applicant may if he, she or it desires, construct and install the proposed public water and/or sewer extensions at his, her or its expense according to the plans and specifications prepared by the city. If the applicant chooses to proceed under this section, then the applicant shall pay to the city the cost of preparing the plans and specifications before final acceptance by the city of the extension.

Upon completion and acceptance of the work by the city, the city will prepare a statement of the final cost of the public water and/or sewer extension from the documents relating to the cost of the project furnished to the city by the applicant. The city's determination of the final cost of the project shall be binding upon the applicant.

(Ord. 258 § 5, 1973)

The city shall prepare or use the statement of the final cost of the public water and/or sewer extension project to prorate that the cost to the various parcels of property benefitted. The cost proration shall be made on either an area or frontage basis or a combination of both, as may determined by the city to be most equitable. Final cost proration and the map showing the cost proration and properties benefitted, after approval of the city council, shall be filed with the city clerk.

(Ord. 258 § 6, 1973)

Whenever the water system and/or sewer system of the city has been extended in accord with the provisions of this chapter, those owners of property benefitted, or their successors in interest who have not heretofore contributed their proportionate share of the cost of the public water system and/or sewer extension in the amount set up in the city's final cost sheet, shall not be permitted to connect with the public water system and/or sewer extension unless, and until they shall have paid to the city the amount in cash stated on the city's final cost sheet. All such payments shall be in addition to any other fees required by other city ordinances or regulations.

(Ord. 258 § 7, 1973)

Any property owner in the public water and/or sewer extension district who has, prior to the water and/or sewer extension, constructed a private water and/or sewer line to or for his property at his own expense, shall not be required to contribute to the cost of the public water and/or sewer extension except where such property derives increased benefits therefrom as determined by the city and as approved by the council. Such property owner shall pay only the amount so approved before connecting his property to the public water and/or sewer extension.

(Ord. 258 § 8, 1973)

Periodically upon demand, but not more often than July 1st each fiscal year, the city will refund to the persons originally paying for a water and/or sewer extension proportionate amounts paid to the city by property owners who did not participate in the original cost and who have paid for the connection as provided for herein.

(Ord. 258 § 9, 1973)

Any claim by a contributing property owner for a refund which is available due to payment by benefitted property owners, shall be made within a period of ten years of the original contribution. All money paid after the lapse of ten years shall be retained by the city.

(Ord. 258 § 10, 1973)