For purposes of this chapter, the following words shall have the following meanings:

DEVELOPER: The owner of property being developed into a subdivision or other property use which requires the extension of one or more main public utility lines to the property.

EXTENSION: A situation where main public utility lines owned by the city are required to be extended at least one hundred feet (100') from an existing main public utility line excluding the distance across the frontage of developer's property.

UTILITY: Main public utility lines for potable water, sanitary sewer, storm drain and reuse. (Ord. 2000-04, 8-1-2000)

All developers of property requiring an extension of public utility lines to their properties must comply with this chapter; however, this chapter does not apply to developments which only require an extension of city main utility lines for a distance less than one hundred feet (100') or to extensions of private utilities. (Ord. 2000-04, 8-1-2000)

The location and specifications of the public utility easement required to connect the existing utility line to the development must be approved by the city engineer. Any developer desiring the benefits of this chapter shall, prior to the final approval of the development by the city, obtain a public utility easement in the name of the city as required by the city engineer. This easement shall, in addition to the above, extend across the full frontage of the developer's property. (Ord. 2000-04, 8-1-2000)

Upon connection to the utility, the developer shall dedicate all utility mains to the city. Upon dedication, the city will own and operate the utility main; however, the developer is not relieved of any warranty or maintenance requirements of chapter 14 of this title. (Ord. 2000-04, 8-1-2000)

A developer initiating a utility extension shall be required to construct and pay any and all costs of all such utility mains extension in accordance with the plans as submitted and approved by the city engineer. The extension of the utility must extend across the full frontage of the developer's property. In the event the utility, in the opinion of the city council or city engineer, must be constructed of a larger capacity than the minimum capacity set forth in the applicable city construction standards, the city shall pay the difference in material cost. The developer shall nevertheless be required to purchase materials, construct and install such oversize utility. Participation in a utility extension agreement shall in no case relieve the developer from connection fees or other standard fees unless so specified in the utility extension agreement. (Ord. 2000-04, 8-1-2000)

If the city council determines that the area through which the utility will be extended is suited for growth and development, the city council may apply the following reimbursement and lien process which shall be applicable to those parcels or lots deemed benefited by the utility main extension:

   A.   An extension connection fee will be determined by the city upon completion of the utility extension. Any subsequent utility user within the area designated connecting directly to such utility extension shall pay an extension connection fee at the time of connection to the utility. Utility service from the city will not be provided unless such extension connection fee is paid in full. The fee shall be determined as follows:

      1.   The developer is solely responsible for the costs of that portion of the utility extension which is fronted on both sides by property owned by the developer, and such costs are deducted in the calculation of the extension connection fee.

      2.   The developer is solely responsible for one-half (1/2) of the costs of that portion of the utility extension which is fronted only on one side by property owned by the developer, and such costs are deducted in the calculation of the extension connection fee.

      3.   The developer shall not be required to pay an extension connection fee.

      4.   Except as otherwise provided hereafter, the extension connection fee shall be determined as follows:

Step 1:      Cost of entire utility extension

-   Costs of subsection A1 or A2 of this section

-   Material costs paid or credits issued by city for larger capacity per section 8-17-5 of this chapter

=   Reimbursement costs

Step 2:      Reimbursement costs

÷   Number of feet to developer's property if developer fronts the utility extension on both sides; or number of feet to developer's property plus one-half (1/2) the number of feet of frontage of the developer's property if the developer's property does not front the utility extension on both sides

=   Cost per foot

Step 3:      Cost per foot

x   Number of feet of owner's property being connected which fronts the public utility easement of the utility extension

=   Extension connection fee

      5.   Upon good cause to better equitably distribute costs, the council may determine to use lot acreage rather than frontage feet as the basis for determining the extension connection fee.

      6.   Upon good cause the council may include lots which do not abut the public utility easement of the utility extension in determining and assessing an extension connection fee.

   B.   Extension connection fees shall be paid by the city to the developer of the original extension up to an amount equal to ninety percent (90%) of the cost of the extension. The extension connection fee is only due and collectable upon connection to the utility extension.

   C.   The city shall in no way be obligated to ensure that the developer making such an extension is paid ninety percent (90%) of the total costs thereof.

   D.   If more than one developer contributes to an extension, each shall be refunded in a pro rata fashion according to the amounts contributed.

   E.   The extension connection fee charge shall constitute a public utility extension lien upon the property adjacent to or abutting the public utility easement through which the utility extension is constructed and any other property deemed by the council to have similarly benefited from the extension. The utility extension lien shall extinguish twenty (20) years after the date of the completion of the utility extension. The city shall record the liens on the appropriate properties and provide notice to owners of record within six (6) months from the completion of the extension. All liens shall be released upon payment or expiration of the twenty (20) year period, whichever occurs first.

   F.   If the city extends a utility main at its own expense, adjacent or abutting property, or property which the council deems similarly benefited by the extension, shall be subject to an extension connection fee and lien as provided above.

   G.   The above provisions notwithstanding, if a utility extension is installed on one side of a public street outside of the paved area, the cost of the extension connection fee and lien shall be proportioned such that the property owners on the side of the street of the utility extension shall be responsible for sixty percent (60%) of the reimbursement, and the property owners on the opposite side shall be responsible for forty percent (40%) of the reimbursement.

   H.   Nothing herein precludes the city from entering into a mutual agreement for a utility extension with a developer without applying the provisions of this chapter. (Ord. 2000-04, 8-1-2000)

Any provisions of this code which are in conflict with this chapter are hereby repealed to the extent of such conflict. (Ord. 2000-04, 8-1-2000)

In the event any provision of this chapter shall be deemed to be unconstitutional or otherwise unenforceable, the remaining provisions shall be given full force and effect. (Ord. 2000-04, 8-1-2000)