The extension of any and all utility mains to serve new areas of development has been and will continue to be an expensive investment, especially in terms of initial cost. This is particularly true when the City becomes faced with financing extensive improvements to their source of supply and treatment facilities to meet increased demands for utilities caused by extension of mains to new areas.

Although the new customer of today is an old customer tomorrow, the cost of expanding the distribution system of our electric, gas and water utilities and the collection system of our sewer utility and street installation should be financed by those who receive the direct benefit, the new customer. Also, it is essential that any policy for extending utility mains and public streets be uniformly applicable to all persons desiring extensions.

(Code 1961, 4-9-1; Code 2023)

(a)   Developer: Any person, group, firm or corporation seeking a utility main extension or street improvement.

(b)   City: The City of Garnett.

(Code 1961, 4-9-2; Code 2023)

The following general provisions shall be applicable to the extension of all utility mains with in the City of Garnett.

(Code 1961, 4-9-3; Code 2023)

The City of Garnett will construct, maintain, own and operate Municipal electric facilities, electric lines, substations, and all appurtenances for the purpose of supplying electrical service to residential, commercial and industrial areas within the City of Garnett under the following terms and conditions.

(a)   All Customers Shall Conform to City Regulations. All customers, obtaining electric service from the City of Garnett Municipal Electric System, shall conform to all rules, regulations, ordinances, rates, conditions of service and practices now prevailing or which may be established by the City in the future.

(b)   City Reserves the Right to Refuse Service. The City reserves the right to refuse electrical service, or to limit electric service, where the extension of electric service conflicts with the general policy of the City or jeopardizes electrical service to their existing customers.

(c)   Areas to be Platted. Electric distribution lines will be extended into areas within the City limits of Garnett only after the areas in which line extensions are desired have been platted in accordance with the requirements of the City and the platting approved by the City Planning Commission and the City Commission.

(d)   Electric Facilities Constructed to City Standards. All electric line extensions in undeveloped subdivisions or areas shall require the conductors, poles, insulators, transformers and appurtenances to be constructed by the City in accordance with its designs, plans, and specifications and provisions for financing established by the City and all such facilities shall remain the property of the City.

(e)   Payment for Electrical Facilities to be Made in Advance of Construction. All electrical distribution lines and appurtenances will be constructed by the City with payment therefor to be made in advance of construction by the property owner, developer, or others desiring the distribution line installations. After the installation of such line extension has been completed, if the total actual cost thereof is less than the estimated cost, a refund of the difference shall be made to the applicant. If the actual cost is greater than the estimated cost, the developer shall be required to make an additional deposit.

(f)   All street lighting shall be installed at no cost to the developer, provided the installation does not deviate from the City’s present street lighting policy.

(Code 1961, 4-9-3-1; Code 2023)

(a)   Layout. The arrangement of streets in new subdivisions shall make provisions for the continuance of the existing streets in adjoining areas (or other proper projection where adjoining land is not subdivided) insofar as they might be deemed necessary for public requirement. The width of such streets in new subdivisions shall be not less than the minimum widths established herein. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Off-set streets shall be avoided. The angle of intersection between minor streets and major streets shall not vary more than ten degrees (10°) from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets.

(b)   Rights-of-way and Paved Widths. Street right-of-way and paved widths shall not be less than as follows:

(c)   Street Grade. No street grade shall be greater than five percent (5%) nor less than three-tenths of one percent (0.3%).

(d)   Cul-De-Sac and Dead-End Street. Except in cases where the unusual topographic conditions may make it advisable to modify these provisions the following shall apply:

       Maximum length of five hundred feet (500’); Vehicular turn around at the closed end of a street having a radius of fifty feet (50’) and a roadway having a minimum radius of forty feet (40’) to the exterior curbline.

       In the case of temporary dead-ended streets, which are stub streets designed to provide future connection with unsubdivided areas adjoining, the City may require a temporary easement for a turnaround of the nature indicated above.

(e)   Private Streets and Reserve Strips. There shall be no private streets platted in any subdivision. Every subdivision shall be served from a publicly dedicated street. There shall be no reserve strips controlling access streets, except where the control of such strips is approved.

(f)   Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right of way shall be provided at the time of subdivision.

(g)   Half Streets. Half streets are not acceptable and shall not be approved except whenever an existing half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.

(h)   Street Names. No street name shall be used which will duplicate or be confused with names of existing streets except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the City.

(i)    Road Surfacing. After all underground utilities have been installed, the subdivider shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the widths prescribed. Said surfacing shall be of such character as is suitable for the expected traffic. An adequate provision shall be made for culverts, drains and bridges. Types of pavement and construction standards are as follows:

RESIDENTIAL STREET:

(Code 1961, 4-9-3-2; Code 2023)

The City of Garnett will construct, maintain, own and operate water treatment and gas distribution facilities, pipelines, pumping stations, elevated storage, regulator stations and appurtenances for the purpose of supplying water and gas to residential, commercial and industrial areas within the City of Garnett under the following terms and conditions.

(a)   All Customers Shall Conform to City Regulations. All customers, obtaining water and gas service from the City of Garnett Water, Sewer and Gas

(b)   System, shall conform to all rules, regulations, ordinances, rates, conditions of service and practices now prevailing or which may be established by the City in the future.

(c)   City Reserves the Right to Refuse Service. The City reserves the right to refuse water or gas service, or to limit water or gas service, where the extension of said services conflicts with the general policy of the City or jeopardizes water service to their existing customers. No new customers will be accepted outside the City limits.

(d)   Areas to be Platted. Gas and water distribution mains will be extended into areas within the City limits of Garnett only after the areas in which main extensions are desired have been platted in accordance with the subdivision requirements of the City and the platting approved by the City Planning Commission and the City Commission.

(e)   No Water Service Until Sewerage Facilities Assured. Water service will not be extended to any user until provisions have been made for the financing of necessary sanitary sewerage facilities to serve that user, and the construction of these sewerage facilities is assured, with the following exceptions:

(1)   Where water is to be used for industrial, agricultural, or other purposes that do not result in the production of other objectionable wastes.

(2)   Where the construction of sanitary sewers cannot be consummated due to reasons beyond the control of the proposed user and where said user can provide independent methods of sewage disposal in a manner approved by the public health authorities and by the City. Septic tanks or similar means of disposal shall not be approved for other than isolated dwellings.

(f)   Water and Gas Facilities Constructed to City Standards. All water or gas main extensions in undeveloped subdivisions or areas shall require the mains, valves and appurtenances to be constructed by the developer in accordance with design, plans and specifications established by the City and shall be installed by the developer at the developer’s sole expense. The following specifications for water and gas extensions will be considered as minimum requirements:

(1)   The diameter of the water main to be installed shall be determined by the Water Department, based upon a consideration of the following factors: Provision of adequate service to prospective customers; possible and contemplated future extensions of the main to be installed and fire protection needs existing or anticipated in the area to be served. In no case shall the water main be less than six inches (6”).

(2)   The diameter of the gas main to be installed shall be determined by the Gas Department, based upon a consideration of the following factors: Provision of adequate service to prospective customers; possible and contemplated future extensions of the main to be installed. In no case shall the gas main be less than four inches (4”) low pressure or two inches (2”) high pressure.

(3)   Water and gas main construction will comply with the applicable plumbing codes and regulations of the City.

(4)   Water for fire protection will be provided by the City through fire hydrants installed at intervals comparable to those throughout the City of Garnett.

(5)   The City shall retain ownership and complete control of the connecting pipelines, as well as all other distribution lines, and shall have the right to connect additional customers in accordance with established rules and regulations. The developers of the subdivision shall have no interest in the connecting pipeline other than the right to service therefrom in accordance with the City’s established rules and regulations.

(6)   Developers of isolated subdivisions shall pay the expense of connecting pipeline required between the isolated subdivision and the nearest existing main which the City deems adequate in size to serve the isolated subdivision.

(Code 1961, 4-9-3-3; Ord. 2455; Code 2023)