Chapter 13.20
EXTENSION

Sections:

13.20.010    Extension of sewer main by developer.

13.20.020    Filing for preliminary consent.

13.20.030    Application by developer.

13.20.040    Approval by City Manager.

13.20.050    Filing statement of cost by developer.

13.20.060    Apportioning the cost of the extension project.

13.20.070    Ordinance declaring costs – Notice to property owners.

13.20.080    Reimbursement of developer.

13.20.010 Extension of sewer main by developer.

As an alternative to the City constructing an extension to the municipal sewer system, the City Manager or his designee may, under conditions specified in this chapter, permit a developer to make such an extension. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.400.)

13.20.020 Filing for preliminary consent.

Preliminarily, the developer shall file with the City Manager a request to construct a sewer main extension, setting forth generally the proposed size and location of the sewer main and the purpose for which it is to be constructed. After receiving consent from the City Manager that the proposed extension may be constructed by developer under the terms of this chapter, developer may proceed within six months of the consent to file an application with the City Manager provided in MCC 13.20.030. A determination by the City Manager that the proposed project is not in the best interest of the City may be appealed to the City Council by filing written notice of appeal within 30 days from the date of the City Manager’s decision. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.405.)

13.20.030 Application by developer.

A developer who has received the City Manager’s consent to construct an extension to the municipal sewer system and desires to proceed therewith shall make application to the City Manager, which application shall provide the following information:

(1) Detailed plans and specifications conforming to adopted standards of the City;

(2) Cost estimates for the project, prepared and signed by a registered professional engineer;

(3) Legal description and property owners’ names and addresses of all property adjacent to and benefited by the project;

(4) Such other information the City Manager deems necessary to the approval of the project. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.410.)

13.20.040 Approval by City Manager.

Upon approval of the application by City Manager, developer may proceed with the sewer main extension in accordance with the approved plans and specifications. Developer shall notify City Manager when construction commences and the construction shall be completed within one year of the day of the commencement of construction. All permits required under Federal, State or City law shall be obtained by developer or his contractor. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.415.)

13.20.050 Filing statement of cost by developer.

Upon completion of the sewer main extension project, developer shall file with City Manager an itemized cost statement thereof. If the total cost shown on said statement exceeds the approved engineer’s estimate, the City Manager may approve the overage for the purposes of calculating connection fees in lieu of assessment if he is satisfied the overage was due to conditions not readily foreseen at the time of the construction. Any costs of developer attributed to sewer mains in excess of eight inches shall not be considered in arriving at connection fees in lieu of assessment figures. Total costs for purposes of this chapter are limited to:

(1) Design, survey and inspection costs;

(2) Easement and acquisition costs;

(3) Construction costs; and

(4) City labor, material and equipment costs. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.420.)

13.20.060 Apportioning the cost of the extension project.

When the total cost of the project has been filed with the City Manager, he shall calculate the pro rata share of said cost for each property benefited, subject to approval by the City Council, and he shall file same in his office and in the office of the City Recorder. No such property owner shall be permitted to connect to said sewer main extension without first paying his or her proportionate share of said cost. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.425.)

13.20.070 Ordinance declaring costs – Notice to property owners.

When the cost of making the sewer main extension has been ascertained and determined and the proportionate share thereof is apportioned to each lot, part of lot, or parcel of land as provided in this chapter, the City Council shall declare the same by ordinance and direct the City Recorder to enter a statement thereof in an appropriate ledger of his or her office. Upon passage of said ordinance, the City Recorder shall notify by mail each affected property owner of his apportioned share of the cost and that said sum shall be required to be paid prior to the property being connected to the municipal sewer system, in addition to the City’s standard and usual connection fee for connecting to the sewer system. Said ordinance shall be filed in the Book of Records at the Office of the Polk County Clerk. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.430.)

13.20.080 Reimbursement of developer.

All money required to be paid by property owners connecting to a sewer main extension constructed by a developer pursuant to MCC 13.10.250 to 13.10.320 shall be refunded to the developer for 15 years following passage of the ordinance declaring the costs of the project. (Ord. 997, § 1, March 1, 1987. Code 1983 § 72.435.)