The purpose of this article is to provide an expedient method of financing sewer construction in cases where all benefitted property owners do not wish to participate in such construction and shall not benefit therefrom until connecting to such sewer construction. The method shall provide for equal proportion of cost within a reasonable period of time among the parcels to be benefitted. The following method is not intended to be exclusive.
A. Petition for Extension. Owners of real property desiring to have the city sewer system extended in accordance with the provisions of this article, shall make written application therefore to the city, stating the location and limits of the requested public sewer extension, together with a description of their property. The city shall evaluate the feasibility and practicality of the proposed sewer extension and shall estimate the cost of the project, including all costs normally charged by the city to persons extending public sewers, and shall submit to the council a map showing the area to be served and benefitted by said sewer extension. All such sewer extensions shall be within the boundary lines of a public street or a public easement. The sewer extension shall extend across the parcel boundaries being served. The minimum cost to any property owner shall be not less than required by Section 13.08.180(C). The city manager shall report to the city council regarding the proposed sewer extension and if the council determines said extension to be in the public interest, it may grant the request for initiation of the sewer extension project.
B. Deposit of Funds for Construction and Costs. Whenever the application of property owners for public sewer extension 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.
C. Performance. The city shall prepare plans, specifications, and proposal agreements for the construction of the proposed public sewer extension and shall advertise for sealed proposals. Contracts shall be let to the lowest responsible bidder by the city council. Upon completion and acceptance of the work by the city, the city shall prepare a statement of the final cost of the public 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 sewer shall be permitted by the city until such additional payment, if necessary, is made.
D. Cost of Distribution. The city shall prepare a statement of the final cost of the public sewer, and a map showing the prorated costs to the various parcels of property benefitted.
E. Connection Requirements. Whenever the sewer system of the city has been extended in accordance with the provisions of this article, those owners of property benefitted, or their successors in interest who have not heretofore contributed their proportionate share of the cost of the public sewer extension in the amount set up in the city's final cost sheet, shall not be permitted to connect with the public sewer extension unless, and until, they shall have paid to the city the amount in cash stated on the city's final costs sheet, or the current year connection fee as required by Section 13.08.750(C), whichever is greater. All such payments shall be in addition to any other fees required by other city ordinances or regulations.
F. Private Sewers. Any property owner in the public sewer extension district who has, prior to said sewer extension, constructed a private sewer connection to the public sewer for his property at his own expense, shall not be required to contribute to the cost of said public 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 sewer extension.
G. Refunds. Periodically upon demand, the city shall refund to the persons originally paying for a sewer extension proportionate amounts paid to the city by property owners who did not participate in the original cost and who have been given permits to connect to the extended sewer and have paid for said connection as provided for in this chapter.
H. Termination of Refunds. 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 filing of the final cost statement. All money paid after the lapse of ten years shall be retained by the city.
I. Oversizing Sewer Mains. The city may oversize any sewer main from the minimum eight inch diameter if it is determined by the city that a larger line would be needed to serve other developments. If a larger line is installed, the city shall pay only the additional oversizing cost. (Ord. 2006-02 (part), 2006: Prior code § 4213)