1. It is the intent of this chapter to provide the equitable distribution of the costs of constructing public sewer main extension projects; to provide for the receipt and distribution of connection fees to recover certain expenses of sewer main extension projects; to coordinate this policy with the need for and availability of public services and facilities; and to protect the general health, safety and welfare of the citizens of the city and the customers of the city sewer system.
2. The city council may, by resolution, authorize recoupment agreements with developers extending sewer services to benefit other properties in situations where the other benefitting property owners would normally extend the sewer main but lack the funding to do so. Such agreements must provide that the sewer mains will be built in accordance with city plans and specifications and dedicated to the city for public use and maintenance. The city may agree to partially reimburse the developer extending a sewer main from project connection fees charged to benefitting property owners in the project area.

(LDC 1991, § 12-1401)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Benefitting property means the area, zone, or district which will directly benefit by a specific sanitary sewer extension.

City means the City of Moore, Oklahoma.

City engineer means the consulting engineer for the city or his designated representative.

Cost of construction means the final cost of construction of the entire sewer main extension project, including, but not limited to, the bid amount and any additions, deletions, change orders, field changes, amendments or addenda, including a total of five percent of the actual direct cost for engineering fees. However, the estimated cost of construction shall mean the estimate of the final cost of construction project.

Developer means the applicant for an approved sewer main extension project who is financially responsible for constructing, or causing to be constructed, the sewer main extension project prior to project acceptance.

Director means the director of the community development department and his designated representative.

Interceptor means the sanitary sewer main for a particular drainage basin which serves the entire basin and follows the primary drainage pattern and shall not exceed the linear footage recommended by the city engineer.

Lateral means a minimum eight-inch diameter collector line for serving abutting properties.

MPWA means the Moore Public Works Authority.

Policy or chapter means this policy, the "sewer main recoupment agreement policy," and amendments and supplements thereto.

Private lines or service lines means privately owned sewer lines for the provision of sewer service. An extension shall not be deemed a private line.

Sewer main extension project or project means all necessary sanitary sewer extensions and improvements of the city sanitary sewer system necessary to serve the developer's subdivision and to meet any increased sizing required by the city engineer to properly serve the basin, including, but not limited to, trunk lines, interceptor mains, and lift stations.

Trunk means a line of at least eight inches diameter, which collects lateral mains and connects to an interceptor.

Trust means the MPWA and any successor thereto.

(LDC 1991, § 12-1402)

1. To commence a sewer main recoupment agreement, the developer desiring to install or construct the project shall make application to the director in writing.
2. The developer shall submit plans and specifications for the proposed project and a cost estimate to the director. The plans and specifications must be completed to the satisfaction of the director, and approved prior to commencing the project.
3. The director shall preliminarily determine the developer's required contribution for the cost of construction based upon the estimate of the developer's engineer prior to approving any application or recommending approval of any application to the trust. Upon acceptance by the developer of the director's determination of cost, the developer shall execute a recoupment agreement for MPWA consideration and approval.
4. Any application for installation of a sewer main recoupment agreement may be denied for any reasonable basis or may be conditionally approved for any reasonable basis.
5. Upon approval or conditional approval of an agreement, the applicant shall be designated the developer of that sewer main extension project and shall be financially responsible for any and all costs designated as costs to be paid by the developer in accordance with this policy.

(LDC 1991, § 12-1403)

After the application is approved, the developer or his engineer will provide complete construction plans, engineering studies, and/or specifications as needed. Subsequently, the developer shall competitively solicit and price the construction of the project.

1. The project shall be competitively bid and the developer shall document it to the satisfaction of the director;
2. The project shall be constructed by the developer to city standards;
3. Should the developer notify the director in writing that the developer desires to withdraw his application and not proceed with the project, then the developer shall be liable for all costs and expenses made or contracted to be paid up to the time of actual receipt of notice. Should the developer not commence the project within a reasonable time, then, upon notice to the developer, the MPWA may withdraw its proposed investment.

(LDC 1991, § 12-1404)

The developer shall pay his share of the cost of construction of the sanitary sewer main and lift station projects as set forth in this chapter.

1. Lateral lines. The developer shall pay 100 percent of the cost of construction for lateral sanitary sewer main extensions.
2. Trunk lines and interceptor mains. The developer shall pay 100 percent of the cost of construction for sanitary sewer trunk lines and interceptor main extensions.
3. Lift stations. The developer shall pay 100 percent of the cost of construction for sanitary sewer lift station projects.
4. Oversized improvements. The developer and trust may share in the cost of construction of oversized sanitary sewer trunk lines, interceptor mains, and lift stations wherein the size, capacity, or length of the proposed improvements are increased from the developers requirements due to the required servicing of the drainage basin. The developer shall pay the equivalent cost of the sanitary sewer trunk lines, interceptor mains, and lift stations designed for the size and flow of his development as determined by the director.
   1. The director shall review the plans and specifications submitted by the developer with the application;
   2. The director shall determine the cost of the sanitary sewer trunk lines, interceptor mains, and lift stations designed for the size, flow, and location of his development and the cost of the oversized improvements. The cost difference between the two projects shall be the amount available for recoupment;
      
   3. The developer shall pay the contractor for project construction, including any addition, deletion, change order, field change, amendment or addendum to the oversized main project.

(LDC 1991, § 12-1405)

1. The city owns the city sewer system. The city sewer system is leased to the trust.
2. All sewer main extension projects to be connected to the city sewer system shall be the property of the city upon acceptance of the construction contractor's work by the city. The developer shall be deemed to have dedicated its interest, if any, in the project to the city upon completion of the project in accordance with the construction criteria. Should the project meet the construction criteria, then the director shall recommend the acceptance of the project.
3. All sewer main extension projects shall be deemed dedicated by the developer to the city without any payment or contribution by the city or the trust to the developer; provided, however, whenever the developer is the lowest and best responsible bidder on a competitive bid for construction of the project, the trust shall pay its share of an oversized main project, if any, as provided in this policy. However, the city and the trust shall not contribute to the cost or pay the developer as successful bidder for the cost of mains, which are larger than that required or recommended by the construction criteria.
4. Should the director so request, the developer shall execute a formal conveyance memorializing the dedication of the project.
5. After acceptance of the completed project, the developer shall have no interest in the project.

(LDC 1991, § 12-1406)

No connection shall be made to any sewer main extension project and no sewer service shall be provided until the project is determined to be complete by the director or his designee. The prohibition against connections and sewer services until the project is determined to be complete shall apply to the developer and all other persons and entities except the city and the trust.

(LDC 1991, § 12-1407)

1. All laterals, trunks, interceptors and lift stations to be connected to the city sanitary sewer system, either directly or indirectly, shall be:
   1. Constructed in accordance with the standards and requirements of the city;
      
   2. Constructed at locations and alignments approved by the city engineer;
   3. Constructed in easements dedicated to the city;
   4. Constructed in a size required by the city engineer;
   5. Inspected by the city engineer prior to acceptance.
2. Interceptors, trunks and laterals to be maintained by the city or MPWA must be dedicated or donated to the city and must be approved and accepted by the city prior to use.
3. Developers, contractors or others dedicating laterals, trunks and interceptors to become part of the city sanitary sewer system shall provide or cause to be provided a maintenance bond to the benefit of the city in an amount, for a period, and in a form acceptable to the city engineer as a precondition to acceptance of the facilities.

(LDC 1991, § 12-1408)

1. Developers may recover the share of the cost of construction paid by the developer on a sewer main extension project through connection fees from persons and entities desiring sewer service connections to the project; provided, however, no connection fee shall be paid to any developer who has not paid its entire share of the cost of construction. Reimbursement for the cost of construction of a sewer main extension project shall only be pursuant to the receipt of connection fees as set forth herein.
   1. No tap fees shall be collected or received on projects where the sewer main constructed is greater in size than that required by the construction criteria;
   2. The developer shall receive such reimbursement through connection fees actually paid to the trust within a period of 15 years from the date the project was accepted by the city except as otherwise provided herein;
   3. The developer may not recover more than the developer's share of the cost of construction. The developer's cost of construction, as used in this policy, shall mean the cost actually paid by the developer for interceptors and truck lines outside the developer's subdivision, less any investment by MPWA. The developer may not recover any cost of construction within the subdivision. However, the developer may include in the cost of construction, five percent of the cost of the interceptors and trunk lines outside the subdivision as engineering design fees;
   4. All persons or entities who shall desire a sewer service connection shall pay a connection fee as set forth in this policy, except the developer, the city, and the MPWA. Except a benefitting property owner whose ownership pre-existed the project application date and that is used for a residential purpose shall be permitted to make a connection for sewer service to each preexisting residential structure without paying a tap fee, pending MPWA approval. This provision is not intended and shall not be deemed to permit a sewer service connection by a developer to a project which has not been accepted or for which the developer has not paid the developer's entire share of the cost of construction. The requirement to pay tap fees shall not be affected by whether the property to be served is zoned residential, commercial, industrial, or any other designation;
      
   5. This policy shall not exempt the developer from connection fees for connection of another subdivision or facility to this project;
   6. Connection fees, as required herein, shall be paid to MPWA prior to making any connection or obtaining any sanitary sewer service from the project;
   7. No one, other than the city, the MPWA, or a benefitting property owner in the drainage basin, may make a connection for sewer service from a sewer main extension project; provided, however, the MPWA director may, at its sole discretion, permit a connection by a non-benefitting property owner outside the drainage basin upon payment of a connection fee as determined by the MPWA. The city and the MPWA may connect to any sewer main extension project without paying a connection fee regardless of whether the city or the MPWA is in the drainage basin;
   8. The city shall maintain records of all projects where connection fees are applicable. Connection fees shall be due prior to connection to a project, but neither the city nor the trust shall be liable for nonpayment by any party making a connection or nonreimbursement to the developer;
   9. No connection fee shall be charged to or collected from the city or the trust;
   10. No connection fee shall be charged for an extension;
   11. The developer shall not receive connection fees in excess of its share of the cost of construction.
2. Benefitting property owners and others permitted to make a sewer connection by the director shall pay a connection fee for their share of cost of construction except as otherwise expressly exempted.
   1. The director shall determine the cost of the sewer main project designed for the size, flow, and location of his development and the cost of the oversized improvements. The cost difference between the two projects shall be the amount available for recoupment. A five percent engineering fee may be added to the amount available for recoupment.
   2. The reimbursement agreement shall stipulate the pro rata unit cost of the sewer main extension project. The pro-rata unit cost shall be determined by dividing the total amount available for recoupment by the acreage served by the sewer main extension, which is the per acre cost of the project. For each benefitting property, the per acre cost of the sewer main extension shall be multiplied by the acreage of property being served by the sewer extension project, which shall equal the tap fee.

(LDC 1991, § 12-1409)