Chapter 14.28 — WATER MAIN EXTENSIONS

Water mains extended pursuant to this chapter shall be a standard pipe size of not less than eight inches in diameter when further future extension of such mains is practical and feasible. (Prior code §44.61; Ord. 2931, 1963; Ord. 3933 §2, 1977)

Owners of real property within and without the City desiring to have the City water system extended in accordance with the provisions of this chapter shall make written application therefor to the Director stating the location and limits of the requested water main extension together with a description of their property. The Director shall investigate each application and report to the City Administrator: (1) The feasibility and the practicality of the requested extension, (2) The estimated cost thereof including easement acquisition, fire hydrants and all other incidental expense, and (3) The proposed City contribution to the extension cost, if any; in determining the City's contribution, factors which may be taken into consideration are: zoning, land use, nature of terrain, nature of business and development of abutting property. The estimated extension cost shall be based upon the average cost of extending and laying water mains of the same size and type in the three fiscal years immediately preceding the request as determined from cost records maintained by the City for said fiscal years. The petitioners may within 10 days from the date of receipt of the estimate from the Director, petition the City Council for reconsideration of the cost distribution. The City Council shall determine if the distribution of costs was made in accordance with the facts; shall review any additional facts presented by the petitioner; and shall, by appropriate motion confirm or reject the cost distribution.

(Prior code §44.62; Ord. 2931 §2, 1963)

All water main extensions as are mentioned in Section 14.28.020 shall be within the boundary lines of a public street or a recorded easement to the City. (Prior code §44.63; Ord. 2931 §2, 1963)

After the application of the property owner requesting a water main extension together with the report from the Director as set forth in Section 14.28.020 has been received, the City Administrator may authorize the construction of the water main extension by public contract, by City forces or by private contract by the applicant subject to the approval of the applicant's plans and specifications and inspection by the Santa Barbara Public Works Department or subject to a deposit of the applicant's cost if constructed by public contract or City forces. Provided, however, the City Administrator shall not authorize the construction of any water main extension when the City's contribution to the project cost shall exceed 25% of the total project cost, unless such cost in excess of 25% is directly attributable to system improvement over and above that necessary to serve the abutting property directly benefited by the water main extension. Should the City's contribution exceed 25% of the project cost for which there is no system betterment other than that to the property directly benefited, approval for construction shall be authorized by the City

Council. (Prior code §44.64; Ord. 2931 §2, 1963)

After the Department has received the deposit from the applicant for the main extension cost the Director shall prepare construction plans and specifications for main extension approved pursuant to Section 14.28.040, and cause the main extension to be constructed by force account, public contract, or, upon payment of engineering, inspection and incidental costs by applicant, authorize applicant to construct the approved main extension by private contract in lieu of deposit provisions of this section.

(Prior code §44.65; Ord. 2931 §2, 1963)

Upon completion and acceptance of the work by the City, performed pursuant to the provisions of this chapter, the Director shall prepare a statement of: (1) the final cost of the water main extension, and (2) the pro-rated distribution of such cost to the benefited properties. The cost distribution shall be made on either an area, building site, or frontage basis or a combination thereof as may be determined to be the most equitable basis by the Director. For purposes of contributions, cost distribution and refunds for mains extended by City forces, the Director shall use the average cost as defined in Section 14.28.020. (Prior code §44.66; Ord. 2931 §2, 1963)

A water main installed pursuant to an application under this chapter may be of larger size than the required standard pipe size of eight inches in diameter when directed or approved by the Director of Public Works. The City shall pay the additional cost for the installation of the approved water mains of a larger size than the required standard pipe size of eight inches in diameter.

(Prior code §44.67; Ord. 2931, 1963; Ord. 3933 §2, 1977)

Upon compliance with the provisions of Section 14.28.060, the Director shall file the final cost sheet with the office manager-accountant and a copy forwarded to the applicant. (Prior code §44.68; Ord. 2931 §2, 1963)

The owners of benefited property or their predecessors in interest, as shown on the final cost sheet filed by the Director, who have not theretofore contributed their proportionate share of the water main extension, as recorded on the final cost sheet, shall not be permitted to connect to such water main extension unless and until the amount recorded on the final cost sheet has been paid to the City.

(Prior code §44.69; Ord. 2931 §2, 1963)

No property owner in a water main extension area formed pursuant to this chapter who has, previous to such water main extension, constructed a private water line to or for his or her property, at his or her own expense, shall be required to contribute to the cost of such water main extension, except where the private water line is abandoned and connection to the main extension is requested. Such property owner, or his or her successor in interest, shall pay the amount so determined before connecting his or her property to the water main extension. (Prior code §44.70; Ord. 2931 §2, 1963)

Applicants requesting connection to a water main installed under the provisions of this title shall pay the water main extension charge set forth in the current ordinance as a condition precedent to the granting of a connection permit. (Prior code §44.71; Ord. 2931 §2, 1963)

Applicants requesting connection to an existing water main installed subsequent to August 25, 1946, and financed in whole or in part from City funds, and where such applicant or his or her predecessor in interest of the land to be served has not paid a water main extension charge with respect to such water main, shall pay an extension charge to the City before the application may be approved. Replacement of any City water main existing on August 25, 1946, shall be deemed to constitute a main installed prior to such date. The extension charge shall be computed by the Director as provided in this chapter for a new main extension. The charge under this section is in addition to any permit, meter or connection fees and other regular charges made under this title or other ordinances. The charges collected pursuant to this section shall be credited to the proper revenue account in accordance with standard accounting practice. (Prior code §44.72; Ord. 2931 §2, 1963)

Collection, pursuant to Sections 14.28.090 - 14.28.110 shall be credited to a Water Main Extension Recovery Trust Account on the general books of the City. Charges against this account shall be made only pursuant to the provisions of Sections 14.28.140 and 14.28.150. (Prior code §44.73; Ord. 2931 §2, 1963)

• A. Periodically, but not less than twice a year the Department shall pay and refund to the persons originally paying for the water main, their proportionate share of the money paid by subsequent property owners who did not participate in the original cost and who were given permits to connect to the extended water main and who paid as provided in the Director's final cost sheet. Payments made hereunder shall be charged to the Water Main Extension Recovery Trust Account.

• B. Payments under this section shall be made to the person originally paying for such water main at his or her address appearing in the records of the Public Works Department and shall constitute a discharge of its duty under this section to pay as to all sums so paid unless the City shall have received and consented to an assignment of such right to another giving the assignee's name and payment address.

(Prior code §44.74; Ord. 2931 §2, 1963)

Any claim by a contributing property owner for a refund which is payable out of the Water Main Extension Recovery Trust Account shall be made within a period of 15 years from the date of the original contribution. All moneys remaining in the trust account after such 15 years shall have elapsed from the time of its deposit, shall forthwith be transferred to the proper water fund revenue account.

(Prior code §44.75; Ord. 2931 §2, 1963)