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  1. #1
    Join Date
    Apr 2016
    Location
    Blue Springs, Mo
    Posts
    1

    Default Can a City Require You to Annex Your Property Before Connecting City Water

    My question involves a consumer law issue in the State of: Blue Springs, Missouri

    My wife and I purchased property located inside Blue Springs city limits. Though we are inside the city limits they never annexed the property so we are listed as county. The property currently uses a cistern. We want to connect to city water (used to be a rural water district). The water main runs right across the front of our property in the utility easement.
    When we talked to the city water district they told us that we would have to petition to the city to get annexed before we could connect to the water system. We would like to stay county for several reasons. There currently is no access to the sewer system and we were told by the city engineers office that it would cost upwards of $250,000 to connect. So if our septic system fails and we have to do a major repair or replacement the city might try to force us to connect to the sewer at our expense. The property isn't worth anywhere near $250,000.

    My question is if the city can force us to annex to connect to the public utility, and possibly put is in a really tough spot later if we have to connect to the sewer.
    We have had other issues with the city including having to deal with water drainage from a large strip shopping center that replaced watershed and the trash that washes down with it. But this is the real main concern.

    Thanks,
    Anthony

  2. #2
    Join Date
    Nov 2013
    Posts
    6,474

    Default Re: Can a City Require You to Annex Your Property Before Connecting City Water

    First let's address the issue of annexation. If you partition for annexation, your zoning classifications will not change until and if the City revises the zoning ordinance according to the State statutes. So you likely retain your country status until the zoning is changed.

    [Ord. No. 4558 1, 8-3-2015]

    Any area that is added to or becomes a part of the City of Blue Springs shall retain its current County zoning classification in accordance with Section 89.130 of the Revised Missouri Statutes (2000) until such zoning is affirmatively changed by the City through its regular rezoning procedures. Processing of annexations and rezonings may take place simultaneously, provided that the zoning amendment process complies with the requirements of Chapter 403, including public hearings by the Planning Commission and City Council.
    With respect to a future requirement to connect to the sewer system, I don't believe you are understanding what the city engineer is actually telling you. There is no way that you could be charged $250,000 for a sewer connection. It would cost the City that sum to extend the sewer line to within 100 ft or your property line so that you could connect. If there were other properties that would benefit from the extension, all properties could be assessed a proportional share of the construction cost.

    If no sewer mains were within 100 ft of your property and your septic system were to fail, there is a provision in the City ordinances that allows for you to reconstruct the system on your property. The ordinance was revised Feb. 2015 but has yet to be codified into the code.

    According to the City's fee schedule it would cost $1,500 to connect to the sewer and $20 per foot of lateral. A water connection would cost $6,000 for meter and 3/4" line installation and a tapping fee of $300.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Can a City Require You to Annex Your Property Before Connecting City Water

    But bottom line: if you wish to avail yourself of city utilities, unless they agree otherwise, you have to become a city property. The utilities are built through city tax resources that come, at least in part, from city property. As an out of city property you do not pay into the system that builds and maintains the city utilities

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