§ 18-123. Water main assessments.

(a)

In general. All water mains installed in the city shall be installed by the city water utility and a special assessment, to defray the cost thereof, shall be assessed by the board of public works and the common council. Special assessments shall be levied in a manner determined from time to time by the board of public works and the common council, which is in conformity with state statutes. All monies collected under the terms of sections 18-121, 18-122 and this section shall be used solely for water main installations.

(b)

When levied. Special assessments shall be levied for water mains in the following cases:

(1)

When new mains are installed, property owners abutting on the main shall be assessed the per foot cost prevailing for the year the main is installed;

(2)

When a property owner agree with the city to pay the entire cost of a main installation, the per foot special assessment set forth in subsection (b)(1) of this section, shall not apply. However, after such an installation, if another property owner wishes to connect to the main, he shall be assessed on the usual per foot basis and the funds so collected shall be reimbursed by a method agreed in writing with the city to the property owners who originally paid the entire cost of the installation.

(c)

Levied at initial connection. No special assessment charges shall be made when a water main is installed to replace, reinforce or improve an existing system. However, if a property owner, who has not previously been connected to the existing system, connects to the new system, he shall be assessed on the per foot basis at the rate prevailing during the year the new service lateral is installed.

(d)

Waiver for city property. The board of public works may make an exception to subsections (a) through (f) of this section, and waive the special assessment for buildings or property owned by the city.

(e)

Enforcement. Special assessment shall be levied under the police power authority of Wis. Stats. § 66.0703, unless otherwise indicated, and shall be a lien on the property against which it is levied as provided therein.

(f)

Rate determination. Special assessment charges shall be on a per foot basis at rates established periodically by the common council, including allowances for corner lots and other matters.

(g)

Assessment basis. Assessments will be based on 100 percent of the cost of installation, up to and including the eight-inch water main with the city, assuming the cost difference between the installation of the eight-inch water main versus the larger water main.

(h)

Assessment cost. As to the 100 percent cost of assessment specified in subsection (g) of this section, no per foot assessment shall exceed $9.00 per abutting foot in 1980 or $11.00 per abutting foot in 1981. Thereafter, 100 percent of the construction cost shall be assessed out to the affected property owners.

(i)

Second side credit. There shall be no special assessment for the second or third side of a parcel of land where a eight inch water main is installed. The only exception shall be:

(1)

Where a corner lot or parcel of land is subsequently connected to the improvements, or a new parcel of land is created on the second or third side, in conformance to the zoning code regulations, the new parcel of land shall pay special assessment at the current rate for said improvements of water.

(2)

Where a special development, such as a residential plat, shopping center, industrial layout, housing development or major commercial development that requests water improvements for said development, the developer shall pay the entire cost of the water improvements installed. If water improvement affects an abutting property owner other than where property development is taking place, said developer shall be reimbursed the cost of special assessment when the abutting property owner makes connection to said improvement with a parcel of land conforming to chapter 113, pertaining to zoning.

(j)

Extraordinary assessments. All extraordinary assessments, such as a long lateral, shall be handled on an individual basis by the board of public works, confirmed by resolution passed and approved by the common council.

(k)

Maintenance responsibility. Maintenance of all laterals shall be the responsibility of the city from the curb box to the connection on the water main. The installation of the lateral shall be the property owner's cost.

(Prior Code, §§ 3.24.070—3.24.120, 13.20.010—13.20.050; Code 1993, § 3-2-22)