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§ 35-58 ASSESSMENT FRONT FOOTAGE CHARGES FOR SERVICE CONNECTION.
   (a)   Generally. In addition to other connection charges provided in this chapter, a front footage charge shall be paid for all service connections made to all water and sanitary sewer mains in the following cases:
      (1)   Service connections or extensions made to serve adjacent property from an approach facility constructed by a developer, single-customer property owner or the city;
      (2)   Service connections or extensions made to serve adjacent property from an approach facility that has been replaced at developer, single-customer property owner cost or the city; and
      (3)   Service connections or extensions made to serve adjacent property from an approach facility installed by multiple single-customer property owners or the city.
      (4)   Service connections or extensions made to serve adjacent property from a frontage main connecting from an approach main constructed or replaced by a developer, single-customer property owner, multiple single-customer property owners or the city.
   (b)   Definitions. The following terms shall be defined as follows when used in this section.
      APPROACH MAIN. A portion of the sanitary sewer or water main from the point of connection to the existing main to the nearest property corner of the developing property.
      CITY PARTICIPATION. The portion of the construction cost that the city reimburses a developer under the policy for the installation of community facilities.
      COMMERCIAL ESTABLISHMENT. Any establishment other than a one- or two-unit residence.
      DEVELOPER. Any type of new customer other than "single-customer property owner."
      DEVELOPMENT COST.
         a.   The cost incurred by the city related to either a city-initiated sanitary wastewater or water main or the city participation costs in a developer-initiated wastewater or water main, which costs are based upon the costs contained in the contracts awarded for the construction of the water main, regardless of the final cost;
         b.   The cost incurred by a developer related to the construction of a developer-initiated wastewater or water main based solely on the cost of the contracts awarded for the construction of such wastewater or water main, without regard to the final cost; or
         c.   Both a. and b.
      DEVELOPER'S DEVELOPMENT COST PERCENTAGE. The development cost incurred by the developer divided by the development cost, expressed as a percentage.
      FRONT FOOTAGE. The number of linear feet in that portion of a property boundary abutting a street, alley or easement containing a sanitary sewer or water main for which front footage charges are collected for connection.
      FRONTAGE MAIN. The portion of the sanitary sewer or water main located within the frontage of the developing property.
      FRONTAGE MAIN ELIGIBILITY. Frontage main eligibility may only occur when the property's frontage main is shared with another property on the opposing side of the street right-of-way to the developer's property is owned by a separate landowner not affiliated with the developer.
      SINGLE-CUSTOMER PROPERTY OWNER. An existing occupied residential establishment or an existing commercial establishment.
   (c)   Sewers crossing through property served. In the case of an easement containing a sanitary sewer for which footage charges are collected for connection, which sewer crosses through the property served, the boundary on which the front footage charge is to be based shall be the length of the sewer within the limits of such property measured along the centerline of such sewer.
   (d)   Determination of front footage. Front footage to be used in application of front footage charges shall be determined as follows:
      (1)   The front footage charge shall apply directly to property platted into lots or tracts of land;
      (2)   Front footage charge shall be determined by using the longest boundary length abutting a street, alley or easement containing a wastewater or water facility serving the property or computed as one-six of the perimeter of such property, whichever is greater. The payment of front footage charges by the customer shall be the greater amount as calculated above;
      (3)   The front footage charge shall be calculated as prescribed by the method in the policy for installation of community facilities for water and sewer;
      (4)   The director shall be authorized to collect the front foot charge in the amounts established by city council pursuant to this section and the policy for installation of community facilities, whichever is greater; and
      (5)   The applicable front footage charges required hereunder for water or sanitary sewer service connections shall be paid before the filing of a final plat, or before a plumbing permit can be issued; and
      (6)   The front footage charge for frontage main eligibility shall be one-half the prescribed calculated method in the policy of installation of community facilities for water and sewer for service connections or extensions made to serve adjacent property.
   (e)   Determination of the front foot charge for the appropriate pipe size. Front footage amounts to be used to determine the front footage charge calculated in subsection (d) above:
      (1)   The appropriate pipe size is determined based on the approved water and sewer studies of the subsequent developments that will benefit from the connection to the existing approach main or by the water department director's, or his or her designee's, approval.
      (2)   The front foot charges are as follows:
 
Size of Connecting Pipe
Water FFC
8-inch or Smaller
$43.23
10-inch
$54.22
12-inch
$57.73
16-inch
$75.57
 
Size of Connecting Pipe
Sewer FFC
Size of Connecting Pipe
Sewer FFC
8-inch or Smaller
$54.26
10-inch
$56.46
12-inch
$65.70
15-inch
$74.94
18-inch
$84.18
21-inch
$93.44
24-inch
$115.95
 
   (f)   Administration of front foot charge. The administration of front foot charges is as follows:
      (1)   The water department shall be responsible for the collection, refund and maintenance of front foot charges collected.
      (2)   The payment of the front foot charge assessed hereunder shall be paid prior to the filing of final plat, or before a plumbing permit can be issued.
      (3)   A two percent (2%) annual cost adjustment shall be incorporated into the prescribed front footage charge. Annual cost adjustment increase shall be assessed on January 1st of the following year for the established front footage charge. Annual cost adjustment shall be accrued until below listed conditions are met regarding developer or city initiated wastewater or water main projects.
      (4)   Approach main reimbursement may be equal to, but not greater than, 100% of the cost for the water or wastewater approach main incurred by developer.
      (5)   Frontage main reimbursement may be equal to, but not greater than 50% of the cost for the frontage main incurred by the developer.
      (6)   Front foot charges will be assessed for a period of 20 years, commencing on the date that the city accepts the water or wastewater main.
      (7)   Collections and reimbursements of front foot charges will cease when the developer has been fully reimbursed or the time period for assessment of front foot charges has lapsed, whichever occurs first.
      (8)   Reimbursement shall be made solely from front foot charges collected by the city during the period that front foot charges are assessed for the water or wastewater service line connections and point of connections to the water or wastewater main extension.
      (9)   Any assignment of front foot charges must be approved by the water department director prior to the execution of the assignment.
      (10)   Existing community facilities agreements with mains, or other facilities, eligible for front foot charge collections will continue under the policy that was in effect at the time the agreement was executed.
      (11)   The reimbursement limit, together with the project number, date construction was completed, permanent record number of main, limits of portion of the main upon which front foot charges are collectible, and name of the entity entitled to the refund shall be documented by the city.
      (12)   Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from which front foot charges were paid to the city.
      (13)   It is the responsibility of the developer/landowner requesting the refund to prove their eligibility to receive the reimbursement due.
      (14)   In the event the developer/single customer property owner fails to request a reimbursement of front foot charges within six months after the expiration of the eligibility to receive funds, such un-reimbursed front foot charges shall become the property of the city.
      (15)   The amount of refund due to the developer each year shall be the assessed front foot charge collected that year multiplied by the developer's development cost percentage. The remaining portion of the amount collected that year shall be retained by the city as an offset against the development cost incurred by the city.
      (16)   The city will recover the city development cost for city-initiated approach water and/or sewer main projects or city participation in a developer-initiated approach water and/or sewer main. The city's collection time will cease when city development cost has been fully reimbursed.
(1964 Code, § 37-26.1) (Ord. 5925, § 1, passed - -; Ord. 7059, § 1, passed 9-16-1974; Ord. 7116, § 1, passed 1-20-1975; Ord. 7413, § 1, passed 8-30-1976; Ord. 7621, § 1, passed 9-13-1977; Ord. 7673, § 1, passed 12-13-1977; Ord. 7710, § 1, passed 3-7-1978; Ord. 7753, § 1, passed 6-6-1978; Ord. 7908, § 1, passed 9-12-1978; Ord. 7851, § 1, passed 11-30-1978; Ord. 7893, § 1, passed 3-13-1979; Ord. 7922, § 1, passed 6-12-1979; Ord. 7974, § 1, passed 9-11-1979; Ord. 8019, § 1, passed 12-18-1979; Ord. 8063, § 1, passed 3-11-1980; Ord. 8106, § 1, passed 6-10-1980; Ord. 8122, § 1, passed 7-1-1980; Ord. 8165, § 1, passed 9-9-1980; Ord. 8241, § 1, passed 12-23-1980; Ord. 8287, § 1, passed 3-10-1981; Ord. 8361, § 1, passed 6-16-1981; Ord. 8423, § 1, passed 9-22-1981; Ord. 8487, § 1, passed 12-15-1981; Ord. 8542, § 1, passed 3-30-1982; Ord. 8576, § 1, passed 6-1-1982; Ord. 8661, § 1, passed 10-5-1982; Ord. 8706, § 1, passed 12-21-1982; Ord. 8865, § 1, passed 7-12-1983; Ord. 8952, § 1, passed 10-18-1983; Ord. 8995, § 1, passed 12-22-1983; Ord. 9126, § 1, passed 6-19-1984; Ord. 9270, § 1, passed 12-18-1984; Ord. 9438, § 1, passed 7-30-1985; Ord. 9534, § 1, passed 12-17-1985; Ord. 9654, § 1, passed 6-17-1986; Ord. 9892, § 1, passed 6-16-1987; Ord. 10030, § 1, passed 12-22-1987; Ord. 10122, § 1, passed 6-7-1988; Ord. 10220, § 1, passed 12-13-1988; Ord. 10326, § 1, passed 6-20-1989; Ord. 10463, § 1, passed 12-12-1989; Ord. 10583, § 1, passed 5-25-1990; Ord. 10622, § 1, passed 6-26-1990; Ord. 10752, § 1, passed 12-18-1990; Ord. 10855, § 1, passed 6-4-1991; Ord. 10978, § 1, passed 12-19-1991; Ord. 17622, § 1, passed 6-19-2007, eff. 10-1-2007; Ord. 21342-07-2014, § 1, passed 7-22-2014; Ord. 23708-06-2019, § 1, passed 6-25-2019; Ord. 26623-12-2023, §§ 1, 2, passed 12-12-2023, eff. 1-1-2024)