§ 37.83

Excess capacity, for the purposes of this article, is defined to mean only that excess capacity resulting from the construction of pipe lines or facilities larger than those required by existing city standards now or

hereafter adopted.

(Ord. No. 64-9, § 4)

Any person may apply to the water director of the city for the installation of water mains and fire hydrants and other appurtenant facilities to be constructed either in a public street, alley or private property; however, nothing herein contained shall be construed to modify any provision of the subdivision article which requires a subdivider to make certain improvements within a subdivision and bear the cost therefor.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 10, 10-18-95; Ord. No. 21-OR0475-1, § 34, 6-16-2021)

The applicant to extent a water main or construct a water line or excess capacity shall file an application with the water utilities director of the water department setting forth, among other things, a statement describing that which the applicant wishes to construct or have constructed, a map showing accurately the proposed route of such utility, the estimated cost of construction of such utility, complete specifications as to the type of pipe and other appurtenances which the applicant desires to construct or have constructed, and applicant shall provide any and all additional information requested by the water utilities director of the water department. In no event shall any utility be constructed unless the standard plans and specifications of the city are observed and complied with.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95)

and city; reimbursement of applicant for additional costs.

The director for the water department shall determine if the size of such proposed water line is adequate to serve the intended use of applicant; further, the principal water engineer of the water department shall determine if there is other property within the city not being served with water which could be served by the proposed water line, and if it appears to the director that it is necessary that the proposed water line and appurtenant facilities should be constructed to a greater capacity that the immediate needs of the applicant so that other property in the city may be supplied water through such line, then the director shall recommend to the city council that an agreement be entered into between applicant and the city providing for the construction of such water line with excess capacity and establishing a reimbursement procedure and schedule for the additional cost incurred by building such water line with such excess capacity.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 10, 10-18-95; Ord. No. 21-OR0475-1, § 35, 6-16-2021)

The size and quality of the materials of the water main, hydrants and other facilities in connection therewith shall be determined by the water utilities director, who shall give due regard to the potential water service development in the territory that can reasonably be served by the extended water line or the water main. The water utilities director shall determine the amount of money necessary to cover the cost of the construction of such water line and shall determine the excess cost as hereinbelow provided, if any, over

and above the cost of a standard size water line and facility sufficient to serve applicant's immediate need and use.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95)

In determining the excess cost, the water utilities director shall calculate the number of living units, as such are hereinafter defined, that such proposed water line is capable of serving; he or she shall then deduct the number of living units that a standard size line would serve and the remainder shall constitute the excess capacity. The actual cost of construction, including necessary easement acquisitions, engineering and directly related incidental costs, shall then be divided by the number of living units such line is capable of serving, as determined by the water utilities director for the purpose of determining the prorata cost of the excess capacity.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95; Ord. No. 21-OR0475-1, § 36, 6-16-2021)

When all the foregoing requirements have been met and procedures followed, the water utilities director shall cause to be prepared a map clearly illustrating thereon the property proposed to be served by applicant and the other property within the city which could utilize the excess capacity contained in the water line. This map, together with the recommendation of the water utilities director, shall be presented to the city council for its consideration and should it determine that the city should enter into a reimbursement contract, then the applicant and the water utilities director shall proceed as hereinafter provided.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95)

If a contract is entered into between applicant and the city, applicant shall provide easements in the event the water line or facilities lie outside public property, and shall provide a title insurance policy showing that grantor has the valid title to grant such an easement. Such easements shall be subject to the approval of the city attorney for legal adequacy and shall be subject to the approval of the city engineer and director of the water utilities department in all other respects. If applicant desires that such water main be extended or such water line and facilities be constructed by the city and the director of the water department recommends that the city construct such facilities which recommendation is approved by the city council of the city, then, in that event, applicant shall deposit with the water department such sum of money as the water director shall determine to be necessary to order to construct the improvements specified in the contract.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 12, 10-18-95)

Upon approval by the city council, the city engineer shall cause plans and specifications to be prepared, if the work is to be done by either city forces or pursuant to a call for bids by the city.

(Ord. No. 64-9, § 4)

basis of living units.

The water utilities director shall cause a map to be prepared showing thereon the property other than that of the applicant, that can be served by such water line and shall show thereon the excess capacity of such water line which can serve property belonging to other than the applicant. Such excess capacity shall be computed on the basis of living units, and a living unit, for the purpose of reimbursement contracts relating to either water or sewer is defined to be a living quarter whether located in a single house or in an apartment house or other permanent place of abode, where one single family or individual resides, or each five (5) living rooms in a hotel, motel, or in a rooming house, or each trailer space in a trailer camp or a trailer park.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95)

The number of living units capable of being served by standard size facility shall be deducted from the capacity of the water line, and the remainder shall represent the excess for which the applicant may seek reimbursement.

(Ord. No. 64-26, § 1)

The water utilities director shall consider not only the excess size of the line to be constructed, but also any other lines through which the water service must flow as well as the existing size of appurtenant facilities and shall make a determination as to the number of excess "living unit" capacities remaining. His determination shall be final and not subject to appeal. The determined excess capacity shall be multiplied by the prorata cost and the result shall be the amount the applicant is entitled to recover subject to the following conditions.

(Ord. No. 64-9, § 4; Ord. No. 95-017, § 8, 10-18-95)

The city shall have no responsibility other than to charge, on a living unit basis, each connector to such water line a prorata amount equal to cost of the line divided by the number of living units its capacity has been determined to be by the water utilities director, as hereinabove provided, and to mail to the applicant, within thirty (30) days of receipt thereof, such funds. Any right to reimbursement hereunder, or pursuant to contract, shall expire twenty-five (25) years after the line or facility has been accepted by the city; provided, however, payment shall only be made to the applicant, or designee, at such address as shall have been filed with both the water utilities director and the city clerk by the applicant for such purpose.

(Ord. No. 64-9, § 4; Ord. No. 88-46, § 1, 12-14-88; Ord. No. 95-017, § 8, 10-18-95)

In no event shall the city be liable or in any way responsible for failure to collect such connecting fees or for failure to pay any money to applicant.

(Ord. No. 64-9, § 4)

Any funds mailed to applicant or designee which are returned, or which the check, voucher or other payment remains uncashed for one year after such mailing, shall revert to the general fund and shall not be recoverable by applicant.

(Ord. No. 64-9, § 4)

The department maintaining the records respecting reimbursement contracts entered into pursuant to the above provision shall render a semiannual report on each reimbursement contract to the city council on a format to be established by the city manager, the first report to be rendered as of October 1, 1964, and a subsequent report every six (6) months thereafter.

(Ord. No. 64-9, § 6)

standards now nonexistent.

The city engineer and water utilities director shall prepare in the immediate future standards for water mains and sewer lines throughout the city wherever such standards are not now in existence and approved by the city council by resolution or otherwise, submit the same to the city council for its approval and when approved by resolution, shall be the standard sizes that are referred to in this article.

(Ord. No. 64-9, § 7; Ord. No. 95-017, § 8, 10-18-95)