San Jose Municipal Code Part 8 Main Extensions

Extensions of the water mains in the water service areas of the municipal water system shall be limited to those main extensions which conform to the master plans for water service for the respective water service area, and further to those main extensions which will provide sufficient and adequate water service to premises proposed to be served. Such extensions shall be further limited if the city council shall determine that the proposed extension is not currently feasible for construction and operation as part of the municipal water system.

(Prior code § 7606.)

A. Upon written request of an applicant for water service, in those situations where a water main extension is required to serve the applicant's premises, the department shall prepare and provide to such applicant, without charge, a preliminary layout of the main extension, showing sizes and location and rough estimates of the costs of installation and applicable charges and fees.

B. Upon written request of each applicant therefor, the department will prepare detailed plans and specifications for such main extensions. Such written request must be accompanied by a deposit in an amount equal to the cost of preparation of such plans and specifications as estimated by the department. The department shall make such plans and specifications and cost estimates available to such applicant within a reasonable time after such written request is made and said sum is so deposited, and after such plans and specifications have been approved by the city council. If the extension is to include oversized facilities, appropriate details shall be set forth in the plans, specifications and cost estimates.

C. In the event a main extension contract is executed by the applicant and the city within one hundred eighty days after the city council has approved such detailed plans and specifications, said deposit shall be credited against costs of engineering required to be paid pursuant to Section 15.08.810.

D. When detailed plans, specifications and cost estimates are requested from the department, the applicant for a main extension shall furnish three copies of a map to a suitable scale showing the street and lot layouts and, when requested by the department, contours or other indication of the relative elevation of the various parts of the area to be developed. If changes are made subsequent to the presentation of this map by the applicant, and these changes require additional expense in revising plans, specifications and cost estimates, this additional expense shall be borne by the applicant, and he shall deposit an additional sum to cover the cost thereof, which additional sum shall not be credited against any payment required to be made by Section 15.08.810.

E. In lieu of the preparation of detailed plans and specifications by the department, an applicant may submit to the department plans and specifications prepared by licensed engineers (at applicant's sole cost and expense) conforming to the preliminary layout prepared by the department, provided that such plans shall be subject to the approval of the department and the city council.

(Prior code § 7606.1.)

A. If a water main extension is required, as determined by the department, to serve the premises of an applicant for water service, the city may in its sole discretion require such main extension and shall require the applicant to pay the cost of service connections. Such main extensions and installation of service connections may be accomplished in city's sole discretion either:

1. By contract between the city and applicant whereby applicant installs all such water mains and service connections (except meters) and pays the engineering costs and the fees and charges hereinafter prescribed; or

2. By contract between applicant and city whereby city agrees to install the main extensions and service connections and applicant pays to city the actual cost of installation of said water mains and of said service connections and engineering costs, together with the fees and charges hereinafter prescribed.

B. The city may, but will not be required to, make extensions under this rule in easements or rights-of-way where final grades have not been established, or where street grades have not been brought to those established by the city. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the department shall require that the applicant for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades.

Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering facilities shall be made within ten days after the department has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by the department to be not required.

(Prior code § 7606.2.)

The main extension contract referred to in this part shall provide for the following:

A. Payment by applicant to city of all applicable fees and charges and deposits specified in this part. If the fees and charges required to be paid by an applicant are on an actual cost basis, he shall deposit the amount of such cost as estimated by the department, plus applicable engineering fees, with provision made for adjustment upon completion of the installation and determination of actual cost.

B. Conveyance to city by the owner of the premises to be served of all rights vested in such owner to take water from any source, including but not limited to the underground basin and authorization to city to take such water from said source.

C. The purchase by city at any time at city's option of all rights of an applicant, its successors or assigns, in and to any reimbursement provided for in any main extension contract, by paying to applicant, its successors or assigns, any amount remaining to be reimbursed to said applicant.

D. Where an applicant is required to install the main extension, filing by applicant with the city of a good and sufficient bond, securing the faithful performance by the applicant of all work and improvements shown on the plans and specifications, and also a good and sufficient bond securing the payment by the applicant of all bills for labor and materials incurred in the construction of any and all of said improvements, the amount of said bonds to equal the estimated cost of said work and improvements. In the event the applicant is, concurrently with the agreement for water main extensions, required to contract with the city to make other public improvements, city may permit applicant to file with city a single faithful performance bond and a single labor and material bond covering the improvements required by the contract required by this section and such other improvements. Said bonds shall be filed with city prior to the release of a subdivision map which includes the premises for which service is requested.

E. Furnishing by applicant of a policy or policies of liability insurance, paid for by applicant, which policy or policies shall meet the requirements for insuring the City of San José, its officers and employees, which are established by resolution of the city council. In the event the applicant is concurrently with the agreement for water main extensions required to contract with the city to make other public improvements, city may permit a single policy of insurance covering all of said work to be filed. Said policy shall be filed prior to the release of any subdivision map which includes the premises for which service is requested.

F. That all water mains and service connections installed pursuant to any main extension agreement shall be the property of the city.

G. That it shall be applicant's responsibility to provide city, in such form as approved by city, with easements, rights-of-way, encroachment permits or other rights in real property necessary, as determined by city, for the construction of main extensions, service connections and their appurtenances.

(Prior code § 7606.3; Ord. 19637.)

All main extensions and service connections installed pursuant to a main extension agreement shall be the sole property of the city. The size, type, quality and location of water mains shall be as specified by the city, and shall be installed to the satisfaction of the director.

(Prior code § 7606.4; Ord. 29031.)

Applicants for water service who are required by contract between the applicant and the city to construct or pay for the cost of construction of water main extensions shall pay the area charges and frontage charges prescribed in Section 15.08.700, less excess costs, if any, computed by application of the following designated unit prices to the quantities of water mains shown on the plans and specifications theretofore approved by the city council:

I. In areas where the City of San José fire department has determined fire flows required under Chapter 17.16, Fire Protection for New Construction to be four thousand gallons per minute (GPM) or less:

A. Excess costs for water mains constructed from existing system to applicant's premises, the following unit prices:

1. 6" diameter pipelines - $9.00 per lineal foot of pipe.

2. 8" diameter pipelines - $12.00 per lineal foot of pipe.

3. 10" diameter pipeline - $16.00 per lineal foot of pipe.

4. 12" diameter pipeline - $20.00 per lineal foot of pipe.

5. 18" diameter pipeline - $30.00 per lineal foot of pipe.

B. Excess costs for water mains constructed along the boundaries of the land proposed to be served and designed and intended to have service connections attached directly to them not only from applicant's premises, but also from other premises abutting the street, right-of-way or easement in which said water lines are to be installed:

1. 6" diameter pipelines - $4.50 per lineal foot of pipe.

2. 8" diameter pipelines - $6.00 per lineal foot of pipe.

3. 10" diameter pipeline - $10.00 per lineal foot of pipe.

4. 12" diameter pipeline - $14.00 per lineal foot of pipe.

5. 18" diameter pipeline - $24.00 per lineal foot of pipe.

C. Excess costs for water mains in excess of eight inches in diameter to be constructed to serve applicant's premises on both sides of said pipelines:

1. 10" diameter pipelines - $4.00 per lineal foot of pipe.

2. 12" diameter pipelines - $8.00 per lineal foot of pipe.

3. 18" diameter pipeline - $18.00 per lineal foot of pipe.

II. In areas where the City of San José fire department has determined fire flows as required under Chapter 17.16, Fire Protection for New Construction to be over four thousand gallons per minute (GPM):

A. Excess costs for water mains constructed from existing system to applicant's premises, the following unit prices:

1. 6" diameter pipelines - $9.00 per lineal foot of pipe.

2. 8" diameter pipelines - $12.00 per lineal foot of pipe.

3. 10" diameter pipeline - $16.00 per lineal foot of pipe.

4. 12" diameter pipeline - $20.00 per lineal foot of pipe.

5. 18" diameter pipeline - $30.00 per lineal foot of pipe.

B. Excess costs for water mains constructed along the boundaries of the land proposed to be served and designed and intended to have service connections attached directly to them not only from applicant's premises, but also from other premises abutting the street, right-of-way or easement in which said water lines are to be installed:

1. 12" diameter pipeline - $10.00 per lineal foot of pipe.

2. 18" diameter pipeline - $20.00 per lineal foot of pipe.

C. Excess costs for water mains in excess of twelve inches in diameter to be constructed to serve applicant's premises on both sides of said pipelines:

1. 18" diameter pipeline - 10.00 per lineal foot of pipe.

(Prior code § 7606.5; Ords. 20229, 20953, 21620.)

Engineering costs for main extensions required to be paid by an applicant pursuant to the provisions of this part shall be fifteen percent of the cost (computed in accordance with the following unit prices) of the main extension installed or paid for by applicant in accordance with Section 15.08.770; provided, that if the applicant shall submit plans and specifications pursuant to subdivision E of Section 15.08.760, the engineering costs required to be paid by applicant to city shall be 6.5 percent of the cost computed in accordance with the following unit prices of said main extension. Costs of the main extension for the purpose of computing engineering costs payable by such applicants shall be determined by application of the following unit prices to the quantities of main extension shown on the plans and specifications approved by the city council:

A. 6" diameter pipelines - $9.00 per lineal foot of pipe;

B. 8" diameter pipelines - $12.00 per lineal foot of pipe;

C. 10" diameter pipelines - $16.00 per lineal foot of pipe;

D. 12" diameter pipelines - $20.00 per lineal foot of pipe;

E. 18" diameter pipelines - $30.00 per lineal foot of pipe.

(Prior code § 7606.9; Ord. 20953.)

An applicant who is required by the terms of a main-extension agreement to install water mains and service connections (except meters) shall pay to the city as a condition to commencement of construction of the main extension, or if the main extension is needed to serve a proposed subdivision, as a condition precedent to the recordation of a final subdivision map, pay the city the following:

A. For water meters in standard service connection:

1. For each 3/4-inch by 3/4-inch meter - $40.00.

2. For each 3/4-inch meter - $60.00.

3. For each 1-inch meter - $90.00.

4. Meters larger than one inch-Actual cost of meter plus ten percent for handling and installation. The city shall install such water meters subject to the availability of materials when premises are ready for water service.

B. For fire hydrants. The same charges as prescribed by Section 19.32.070 of this Code for installation of hydrants in subdivisions: applicant shall obtain hydrants pursuant to the city's specifications for fire hydrants, and shall install hydrants in conformance with the plans approved by the director.

C. For detector check meter in private fire service connection: Actual cost of meter plus ten percent for handling and installation; the city will install the detector check meter when premises are ready for service.

(Prior code § 7606.10; Ord. 29307.)

An applicant who is required by the terms of a main-extension agreement to pay to the city the actual cost of installation of water mains shall, as a condition precedent to the construction by city of such main extension, or if the main extension is needed to serve a proposed subdivision, as a condition precedent to the recordation of a final subdivision map, pay the city the following:

A. For each standard service connection, the charges prescribed by subdivision 2 of Section 15.08.600;

B. For each public fire hydrant service connection and fire hydrant, the charges prescribed by Section 15.08.610;

C. For each private fire protection service connection, including detector check meter, the charges prescribed by Section 15.08.620.

(Prior code § 7606.11.)

A. If the excess costs computed as provided in Section 15.08.800 exceed the area charges and frontage charges prescribed in Section 15.08.700, the amount of such excess shall, upon completion of the improvements required by the main-extension agreement and acceptance thereof by the city, be credited in the name of the applicant in the appropriate water main reimbursable fund established by Sections 15.08.900, 15.08.910 and 15.08.920.

B. No credits for excess costs shall be credited in the name of the applicant pursuant to Subsection A of this section if the improvements required by the main-extension agreement are of a size and capacity no greater than that needed to serve the lands to be connected.

(Prior code § 7606.7; Ord. 23471.)

If the city shall construct or pay for any main extension from funds other than those advanced and paid to the city by an applicant for the construction by city of a main extension pursuant to a main-extension agreement, upon completion and acceptance of such water main, the entire cost of the main extension computed in accordance with subsection A of Section 15.08.800 shall be credited in the name of the city in the appropriate water main reimbursable fund established by Part 9 of this title, and the city shall be reimbursed from such funds at the same time and in the same manner as an applicant.

(Prior code § 7606.8; Ord. 22278.)

Whenever the city council finds that the application of the area and frontage charges established by this part to a given premises to be unfair or inequitable or would result in unnecessary hardships because of the unusual circumstances peculiar to such premises, the council may, by resolution, grant an adjustment to or exception from the area and frontage charge applicable to such premises which would be fair and equitable for the land concerned.

(Prior code § 7606.6.)

Notwithstanding anything in this chapter to the contrary:

A. Whenever land connected to the city water system after June 22, 1990, has been assessed pursuant to special assessment proceedings to pay for the cost of permanent public water facilities, an amount of money based on the cost of water facilities constructed and installed and the amount assessed against such land for the facilities, shall be credited against the area and frontage charges applicable to such land under Section 15.08.700 of this chapter.

B. If the amount of credits for assessments exceeds the applicable area and frontage charges for such land, all such excess credits shall be extinguished and shall not be applied against future area and frontage charges or otherwise be credited in the name of the applicant. The amounts to be credited pursuant to this section shall be calculated as provided by Section 15.08.800 of this Part 8.

C. In no event shall credit for assessments be given for any type of facilities other than those described in Section 15.08.800 of this Part 8.

(Ord. 23471.)