12.090 Water Main Extension and Assessment Policy.

(1) Water Main Extensions. Whenever any streets are to be paved in the City of Manitowoc and water mains have not previously been installed, the Commission shall be notified and required to install the necessary mains in said street before the same is paved. In addition to these extensions, the Commission shall have authority to install water mains as it deems necessary or convenient for the operation of the Water Utility. The Commission and Common Council may by mutual agreement decide not to install water mains under any street which is to be paved.

(2) Assessment Policy Rules and Regulations. For reference purposes, following are the current assessment rules and regulations which have been approved by the Wisconsin Public Service Commission following approval by the Manitowoc Common Council:

Water mains within the corporate limits of the City of Manitowoc, Wisconsin, shall be extended in accordance with the following rules and regulations as filed with the Public Service Commission of Wisconsin, and approved by the Common Council of said City under MMC 12.050.

The Manitowoc Public Utilities Commission shall approve the extension of water mains according to need and necessity and shall disapprove any water main extension or petition for just cause.

When the City of Manitowoc extends a sanitary sewer on its own initiative and in situations when it is deemed expedient to the best interest of the City, the Manitowoc Public Utilities Commission may order water main extension in the same area without a water petition. The cost of installing such water mains shall be assessed to the abutting property owners along the said street at the assessment rate in effect at the time of the water main extension.

When a water main extension has been installed, all assessments shall be paid in full before the property sale closing date except in those instances when the new property owner agrees to assume an existing installment payment agreement.

The Utility shall determine the size of the main to be installed in any location and the schedule of installations.

All water mains within the City limits of the City of Manitowoc shall be sole property of the Water Utility.

Plan “A”

The Utility may approve the installation of water mains on any street upon the presentation of a petition signed by the owners of 51 percent of the assessable front footage of abutting property owners along said street. The cost of installing mains shall be assessed at $27.00 per front foot of property for each side of the street where water mains are being installed, except for corner lots. Corner lots shall be exempt one-half of the total lot frontage, up to a maximum exemption of 100 feet. When a water main is simultaneously laid on both sides of a corner lot, the assessment shall be $27.00 per foot installed subject to the above exemption. Where the main is to be laid on one side of a corner lot, the assessment shall be $27.00 per foot installed up to the maximum footage as specified by the above exemption. When a main is subsequently installed on the other side of a corner lot the assessment shall be at $27.00 per foot for that total corner lot frontage which exceeds the sum of the exemption stated above and that frontage previously assessed. Any property other than a corner lot fronting on two or more streets shall be assessed only for the water main installed which will serve that property, provided such property is not of sufficient depth to be divided into two lots of reasonable size or provided a dwelling is located upon the property so as to prevent such division. Sufficient depth shall be considered to be any depth in excess of 200 feet.

All assessments shall be presented in the year of installation and payment shall be due no later than the last day of the year of installation. Interest shall be charged beginning on the first day of the year following the year of installation at the rate of eight percent per year on all unpaid assessments. Unpaid assessments on October 15th following the year of installation shall be forwarded to the City Clerk on November 16th and placed on the tax roll as a special assessment with interest to December 31st. Installment Payment Plans and Delayed Payment Plans shall be established as set forth in the applicable paragraphs.

Plan “B”

The Water Utility may reduce or install transmission mains, mains to loop dead end mains, or mains for fire protection or sanitation purposes without petition. Any abutting property owner connecting to said extension within 10 years shall pay a connection charge equal to the assessment charge in effect at the time of connection before connecting to the main. Any abutting property owner connecting to said extension after 10 years shall pay a pro-rated connection charge equal to the assessment charge in effect at the time of connection before connecting to the main. The pro-rated charge shall be calculated by multiplying the assessment rate to the straight line depreciation factor.

Plan “C”

The Utility may approve the installation of water mains for prospective customers on any street upon the presentation of a petition from the owners of less than 51 percent of the assessable front footage along said street; provided, that said petitioners agree to pay the full assessment requirement in Plan “A” for all assessable property frontage involved in the extension before construction is started.

Any abutting property owners connecting to said extension within 10 years shall pay assessments at the rate in effect at the time of the original petition, as required in Plan “A,” before connecting with the main and any assessments received therefor within the 10-year period shall be refunded to the person or persons having paid the original full assessment in a pro rata share based on the rate originally paid by said person or persons. After all refunds are made the remaining assessment of each petitioner shall not be less than that provided in Plan “A” for the front footage owned by the petitioner, or his heirs or assigns, at the time the main is installed.

Plan “D”

Where it is deemed advisable that a water main be laid ahead of paving due to municipal requirements, assessments shall be made as provided in Plan “A.”

Plan “E”

Where a subdivider or developer petitions for installation of water mains in a regularly platted real estate development or subdivision, the petitioner shall be required to install the water main system desired upon approval of the Manitowoc Public Utilities and the Wisconsin Department of Natural Resources, with said installations to meet all the requirements and standards of the Manitowoc Public Utilities for water main installations. All drawings for the installation shall be approved by the Manitowoc Public Utilities before construction begins with at least two weeks’ lead time required. Contractors installing such water mains shall be subject to approval by the Manitowoc Public Utilities.

The petitioner shall be responsible for the total cost of construction, including payment for the Manitowoc Public Utilities’ engineering costs, record keeping and administrative costs and an on-site inspector. At least seven days prior to construction, the petitioner shall provide a deposit to the Manitowoc Public Utilities for the estimated engineering and administrative costs. After acceptance of the project, the Manitowoc Public Utilities shall refund or invoice the difference in the Manitowoc Public Utilities’ actual cost and the deposit.

Ownership of said main or mains shall revert to the Water Utility after completion and acceptance by Manitowoc Public Utilities and there shall be no assessments, payments or refunds by the Manitowoc Public Utilities. The petitioner shall provide as-built construction drawings and detailed actual construction costs to the Manitowoc Public Utilities following completion of the project and before water service is provided.

A performance bond shall not be required. Failure of petitioner to complete the project as required shall result in the Manitowoc Public Utilities finishing the project or correcting defects and assessing such costs accordingly.

The petitioner shall be responsible for the total cost of water main installations up through 12 inches in size. Where the size of the water main required is larger than 12 inches, the Manitowoc Public Utilities shall refund the difference in the cost of material and installation between the larger main size and a 12-inch main. Such difference shall be determined by actual bid prices or established by the Manitowoc Public Utilities and its contractor.

Should a development or subdivision not be contiguous to existing facilities of the Manitowoc Public Utilities, water mains needed to get water to a real estate development or subdivision shall be installed by the Manitowoc Public Utilities according to either Plan “C” and/or Plan “F.”

Plan “F”

Where a subdivider, promoter or property owner petitions for a water main extension to supply a real estate subdivision or development, and where the most feasible route for the water main extension as decided by the Manitowoc Public Utilities is over property not dedicated for street purposes, the petitioner shall obtain the necessary easements as prescribed by the Manitowoc Public Utilities at no expense to the Manitowoc Public Utilities and such main footage will be assessed as in Plan “C.”

Installment Payment of Water Main Assessments

All water main assessments which exceed $2,500 may be paid upon written application by the property owner in five equal annual installments. Interest shall accrue on the unpaid balance at the rate of eight percent per year. Interest shall begin to accrue at this rate on the first day of the year following the year of installation.

Installment payment provisions shall not be available to developers.

The Manitowoc Public Utilities Commission may extend the five-year installment period to a 10-year installment period upon written application from any property owner. Any extension of the installment period shall terminate upon the transfer of the property by the person or persons to whom the extension was granted. The interest rate in effect at the time any 10-year installment payment plan is granted shall remain constant for such 10-year period.

Delayed Water Main Assessments

The Manitowoc Public Utilities Commission may at its discretion delay the payment of water main assessments made against a property owner where there is no immediate benefit to the property owner from the improvement.

In order to qualify for the delayed assessment, the assessed property must be unimproved, and unplatted throughout the period of delay. The owner must make no use of the improvements for which the water main assessment is made during the period of delay and the owner must not sell any part of the property assessed during the period of delay.

No delayed assessment shall be granted unless the total assessment costs exceed the sum of $2,500 and unless the property owner requesting the delayed assessment shall have made the request in writing.

Water main assessments may be delayed for a period up to 10 years from the date of the initial billing for the installation. The applicant for the delayed assessment must sign a form waiving any objections to the improvements made or to the terms of the assessment granted. All assessments for which a delay is granted shall become due and payable on the expiration date of the delay granted; provided, however, that the property owner may elect to pay for the assessment charges over a five-year period commencing on the delayed assessment expiration date with interest computed at the prevailing interest rate charged to all water main assessments at the time such installment payments are made.

Effective September 27, 1983, no interest shall be charged against assessments delayed under these rules. However, should the property be sold, platted, improved, or the improvements for which the assessment was made be utilized before the expiration date granted by the Manitowoc Public Utilities Commission, interest charges at the rate of eight percent per annum shall be added to the original assessment from the date of the first billing for the installation. If the interest rate is changed by the Manitowoc Public Utilities Commission during a delay period, the new rate will only apply to the balance of any outstanding delayed assessment from that point forward.

In the case of delayed assessments granted prior to September 27, 1983, no additional interest shall be charged to the outstanding balances of accumulated principal and interest as they existed during December 31, 1982, subject to the conditions of the interest qualifications as noted above.

Any delay which is granted shall expire on the first to occur of the following events:

A. The expiration date granted by the Manitowoc Public Utilities Commission.

B. The sale of property for which a delayed assessment was granted.

C. The platting or placing of any improvements on the property for which the delayed assessment was granted.

D. The use of the improvements, for which the assessment was made, by the property owner.

The Manitowoc Public Utilities may, at its discretion, limit the expiration of the delay to only a part of the parcel for which the delayed assessment has been granted if such expiration has been caused by one of the events described in subsections (B) through (D) of this section and such event is deemed not to affect the entire parcel.

[Ord. 14-1859 § 1, 2014; Ord. 12-070 § 1, 2012. Prior code § 12.09]