Chapter 15.16
IMPROVEMENTS – REPLACEMENTS – SPECIFICATIONS

Sections:

15.16.010    Specifications for improvement.

15.16.020    Burden of replacement costs.

15.16.030    Cost of new installations within city limits.

15.16.040    Delayed benefit charges.

15.16.010 Specifications for improvement.

It shall be the responsibility of the city manager to have all specifications for extensions, expansions, additions, betterments and replacements to the existing sewer system prepared under the direction of the head of the department of public works of the city subject to the following limitation: No sanitary trunk sewer less than 10 inches in diameter and no sanitary lateral sewer less than eight inches in diameter shall be installed without specific prior approval of the city manager. (Ord. 1540 § 1, 1971; Ord. 862 § 4, 1956).

15.16.020 Burden of replacement costs.

Whenever any trunks or laterals for said utility service, now or hereafter installed, require replacement due to obsolescence, inadequacy, or deterioration, the cost of such replacement shall be paid for out of the revenues of the sewer utility. (Ord. 862 § 4, 1956).

15.16.030 Cost of new installations within city limits.

Whenever any area or areas within the city which are not now served by said utility shall request such service, the person or persons making such request shall provide for the payment of the standard construction costs by means of local improvement districts in the manner provided by law or by direct installation under the specifications and supervision of the city engineer. In the event the city shall require the installation of trunks or laterals of sizes in excess of those heretofore deemed as standard, the actual additional cost of the sewer pipe in excess only, to-wit, in excess of said standard size, shall be paid for out of the revenues of the utility. Whenever the city council determines that any area or areas within said city are in need of such service and no request is made therefor the city council may provide for the payment of the standard construction costs by means of local improvement districts or in the manner hereinafter provided. (Ord. 862 § 7, 1956).

15.16.040 Delayed benefit charges.

(1) Whenever sanitary sewer facilities are required to be extended through an undeveloped area within the city, in order to provide such service to a newly developed area, and in such other areas as the city council may deem necessary, the property abutting such facility within any such area shall be subject to a delayed benefit charge, which shall be paid by the owner or owners of the property within any such area at the time such owner or owners request sanitary sewer service for such abutting lot or lots and prior to the actual receipt of such service, except as hereinafter provided.

(2) The amount of such delayed benefit charge shall be said abutting property’s proportionate share of the standard construction costs of such service, based on the original cost thereof, plus its proportionate cost of the interceptor sewer, based on the original cost thereof, plus its proportionate share of repair, replacement and betterment of such service.

(3) Such delayed benefit charge shall be in addition to any and all connection charges and other charges required to be paid for such services by any ordinances of the city; provided however, the payment of any such delayed benefit charge shall exempt the property for which such payment was made from any subsequent local improvement district assessment for sanitary sewer facilities of any nature.

(4) Such delayed benefit charge may be paid in annual installments over a five-year period from date of connection. If any such property owner elects to make payments on said annual basis, he shall execute a contract in such form as shall be prescribed by the city manager, which contract shall contain the provision that any unpaid balance may be paid in full on the date of any annual payment and the further provision that interest shall be paid on the deferred balances at the current rate of interest then being charged by banks in the city for commercial loans, as determined by the city manager.

(5) Such contract shall be made a covenant running with the land and shall provide that the unpaid balances shall be a lien upon the property to which such connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district assessment liens.

(6) The contract shall be recorded in the office of the county auditor at the expense of the property owner and upon payment in full a release of the said lien shall be executed for the city by the city manager and attested by the city clerk. (Ord. 1540 § 1, 1971; Ord. 862 § 8, 1956).