Article V — WATER MAINS

SEC. 22-85. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) DISTRIBUTION MAIN - A water main, or part of the capacity thereof, designed or used to distribute water for fire protection and domestic use within a given territory served by the city.

(B) TRANSMISSION MAIN - A water main, or a part of the capacity thereof, designed or used for the purpose of transporting water to a distribution main.

(`64 Code, Sec. 33-60) (Ord. No. 1009)

SEC. 22-86. ALL SERVICE TO BE FROM DISTRIBUTION MAIN.

(A) As a condition to obtaining a new service, except where the city council determines that it is impracticable to do so, all property shall be connected directly to a city distribution main through a city water meter for the particular property, and shall not be served with water through the property of another.

(B) If there be no such main, an extension of an existing water main shall be required.

(`64 Code, Sec. 33-61) (Ord. No. 1009)

SEC. 22-87. CHARGES FOR NEW MAINS.

In addition to all other charges set forth in this chapter, an applicant for service to property which has never before received city water shall pay to the city a proportional share, as determined by the water division, of the cost of all abutting distribution mains for which a main charge has been established. The applicant shall not be required to contribute to the cost of more than 12 inches of the size of any such mains. If the abutting mains are of a size larger than 12 inches, the water division shall determine the cost as if the mains had been 12 inches in diameter. If an applicant is required to install transmission and blending facilities called for in the water master plan, the applicant may be eligible for a credit against connection fees. No applicant may receive a credit for more than the total amount of water connection fees which would be normally required. If any distribution main was previously installed by the applicant or his predecessor in interest in the property to which service is desired, the applicant shall be entitled to credit for such previous installation against any main charge otherwise required provided that such installation was made less than 20 years before the application.

(`64 Code, Sec. 33-62) (Ord. No. 1009, 1726, 2030)

SEC. 22-88. EXTENSION AT APPLICANT'S EXPENSE.

(A) The owner, renter or lessee of a single lot, tract of land or subdivision which is not adjacent to a city distribution main, or which is adjacent to a main which is determined by the water division to be inadequate for the contemplated use, may apply to the water division for a water main to serve such property.

(B) The water superintendent shall approve or disapprove such application. If approved, the extension may be constructed by the city or by a contractor selected by the city, or the water superintendent may elect to allow the applicant to hire a contractor to make the extension. All such extensions shall be in dedicated streets or alleys or in easements granted to the city and readily accessible from a dedicated right of way. They may include, but not be limited to mains, fire hydrants, valves and other appurtenances determined necessary by the water division, and shall be constructed in accordance with standard specifications approved from time to time by the city council and in accordance with detailed plans prepared by the water division. The city shall determine the size main required for the area to be served, giving consideration to the requirements of adjacent land and the growth of the city. The applicant shall not be required to pay or contribute towards the cost of more than 12 inches of the size of any main, which latter cost shall be determined by the water division.

(C) If the water main extension as to be constructed by the city or by a contractor to be selected by the city, the applicant shall deposit with the city in advance the estimated cost thereof, including cost of plans and specifications, materials, installation, inspection and administrative expense. Upon completion of the work, the actual cost shall be determined by the finance director.

(D) The city shall refund to the applicant any portion of the deposit which is in excess of such actual cost. In case the estimated charge paid by the applicant is less than the actual charge, the applicant shall pay to the city the difference between the estimated charge and the actual charge.

(E) If the water main extension is to be constructed by a contractor to be selected by the applicant, such main shall be constructed in accordance with the specifications and the detailed plans prepared by the water division. The applicant shall deposit with the city, in advance, the estimated cost of preparing the plans and specifications. Upon completion the finance director shall determine the actual cost thereof, and the applicant shall be either billed or refunded as above. Prior to construction of the extension, the applicant shall furnish a bond or cash deposit in the amount of the estimated cost of the extension, securing the applicant's agreement to construct the extension.

(F) When installed, connected and finally inspected, all water main extensions shall be deemed automatically offered to the city and upon acceptance by the water division shall become the property of the city.

(`64 Code, Sec. 33-63) (Ord. No. 1009)

SEC. 22-89. EXCEPTION.

(A) When determined by the city council to be in the best interest of the city, the water division may extend water mains to the applicant's property at city expense.

(B) This shall not relieve the applicant of the cost of installing on-site or boundary mains, or paying his/her proportional share of existing mains.

(`64 Code, Sec. 33-64) (Ord. No. 1009)

SEC. 22-90. INSTALLATION IN BOUNDARY STREETS.

(A) (1) The owner of a single lot, tract of land or subdivision shall be required to install water mains, as deemed necessary by the water division after giving consideration to the requirements of adjacent land and the growth of the city, in streets, alleys or public easements along the exterior boundaries of such lot, tract of land or subdivision.

(2)   If all or any part of such mains are already installed along the exterior boundaries of such lot, tract of land or subdivision, the owner thereof shall be required to

pay his/her proportional share, as determined by the water division, of the cost of the existing mains and install at his expense any additional mains deemed necessary by the water division.

(B) When installed, connected and finally inspected, all water main extensions shall be deemed automatically offered to the city and upon acceptance by water division shall become the property of the city. All necessary easements shall be granted to the city.

(`64 Code, Sec. 33-65) (Ord. No. 1009)

SEC. 22-91. REFUNDS OF MAIN CHARGES.

(A) Upon completion of a main which is not in the current water master plan implementation schedule and to which future connections could be made, the water division shall determine the actual cost thereof and shall determine the existing main charge against each front foot of abutting property taking into consideration intersections and other property that would not receive water service.

(B) If a non-master planned water main extension is made or paid for, in whole or in part by an applicant pursuant to this article, the main charges collected by the city within five years from the date on which water is first served through the extension shall be refunded to the person who paid for such extensions, or to his successors or assigns. If the water main was installed in conformance with a contract between the city and the applicant, any refunds shall be made only in accordance with the conditions of such contract. In no event will any person be refunded more than the amount paid by such person for construction of the extension main.

(C) In the event a water main extension is made through or adjacent to a city park or other city-owned land, no refund for that portion of the main will be made to the applicant, unless otherwise provided by city council.

(`64 Code, Sec. 33-66) (Ord. No. 1009, 2030)