Chapter 13.24
WATER AND SEWER
CONNECTION FEE
Sections:
13.24.020 Petition procedure for connection to water and sewerage system.
13.24.030 Latecomer fee determination.
13.24.040 Contract authorization.
13.24.060 Maintenance guarantee bond.
13.24.070 Contract time period.
13.24.090 Latecomer fee – Collection and disbursement.
13.24.100 Administration fees.
13.24.110 Unauthorized connection taps – Removal.
13.24.010 Purpose.
A. The purpose for establishing this chapter is to define the rules and regulations that will enable the city to enter into contracts with owners of real estate for water or sewer facilities.
B. For the purpose of this chapter, “water or sewer facilities” means the construction of storm or sanitary sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs, water supply sources or appurtenances, constructed by owners of real estate within the corporate limits of the city or within 10 miles from the corporate limits of the city connecting with Newport’s water or sewerage system to serve the area in which the real estate of such owners is located. (Ord. 738A § 1, 1989)
13.24.020 Petition procedure for connection to water and sewerage system.
A. Owners of real estate intending to construct water or sewer facilities or have ownership of water or sewer facilities may petition the city for the purpose of connecting to the city’s water and sewerage system to serve the area in which the real estate of such owners is located and/or contracting for reimbursement of costs by subsequent users.
B. The mayor or his/her designee shall consider the petition for (1) does the city have the capability and capacity to service the water or sewer facilities connection and (2) does the petition meet the criterion for authorization of latecomer fees.
C. All construction and/or contracts for water or sewer facilities must be approved by the appropriate state agency and city prior to accepting the same as facilities of the municipality. It is suggested that prior to new construction, developers should submit construction plans to the city prior to any improvements to avoid acceptance problems of the new water or sewer facilities.
D. Upon approving the petition for water or sewer facilities the mayor or his/her designee shall notify the petitioner and prepare the appropriate documents in accordance with the provisions of this chapter.
E. A copy of the engineering as-built plans, specification and drawings, including all necessary right-of-way and easement documents shall be provided to the city prior to acceptance of the water or sewer facilities. (Ord. 738A § 2, 1989)
13.24.030 Latecomer fee determination.
Criteria for determining latecomer fees shall be based on the following:
A. Latecomer fees shall be based on the cost difference between the construction required by the city and the minimum construction required to the appropriate state agency to serve only the proposed constructed water or sewer facilities.
B. Latecomer fees may be charged on the basis of acreage by the lot, meter size, fire hydrant requirements, expected usage, or a combination of any of the foregoing, whichever is deemed most appropriate in order to provide for a fair pro rata share of the cost of the water or sewer facilities construction by any owner of real estate who did not contribute to the original cost of the construction, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto.
C. Latecomer fees shall be in addition to any and all connection fees, charges, assessments, levies or deposits required by the city. (Ord. 738A § 3, 1989)
13.24.040 Contract authorization.
The mayor is authorized to enter into contracts for the city with owners of real estate for water or sewer facilities that provides for reimbursement of costs by subsequent users and to insure that the contract provisions contain, but are not limited to, the conditions and requirements provided in this chapter. (Ord. 738A § 4, 1989)
13.24.050 Defective work.
Provision for defective work shall be provided in the contract for no less than one year after city approval and acceptance of owner’s water or sewer facilities. (Ord. 738A § 5, 1989)
13.24.060 Maintenance guarantee bond.
The owner shall provide a maintenance guarantee bond in the amount of 10 percent of the value of the water or sewer facilities construction for a period of one year from the date of final approval and acceptance of the water or sewer facilities. (Ord. 738A § 6, 1989)
13.24.070 Contract time period.
All contracts entered into pursuant to this chapter shall provide for a period of not to exceed 10 years for the reimbursement of water or sewer facilities costs. (Ord. 738A § 7, 1989)
13.24.080 Area to be served.
Pursuant to the provisions of this chapter, the area to be served shall be within the boundaries of the city or within 10 miles from the corporate limits of the city. (Ord. 738A § 8, 1989)
13.24.090 Latecomer fee – Collection and disbursement.
A. No person, firm or corporation shall be granted a permit or be authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed in such contract without first paying to the city, in addition to any and all other costs and charges made or assessed for such connection therewith, the amount required by the provisions of the contract under which the water or sewer facilities so tapped into or used were constructed.
B. The city clerk/treasurer shall be the responsible city official for the collection and disbursement of latecomer fees.
C. All latecomer fees collected shall be disbursed under the terms and conditions of each contract within 60 days after the receipt of the collected fees. (Ord. 738A § 9, 1989)
13.24.100 Administration fees.
The city shall collect five percent, but not less than $20.00 nor more than $500.00 per connection as determined by the latecomer fees contract for the administration costs of the contracts. (Ord. 738A § 10, 1989)
13.24.110 Unauthorized connection taps – Removal.
Whenever any tap or connection is made into any such contracted water or sewer facilities without such payment having first been made, the mayor or his/her designee may cause to be removed such unauthorized tap or connection and all connecting tile or pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever to the city or officials. (Ord. 738A § 11, 1989)
13.24.120 Charges.
Upon approval and acceptance of a water or sewer facility the city clerk/treasurer shall charge such water and sewer rates authorized by city water and sewer ordinances. (Ord. 738A § 12, 1989)