Chapter 13.20 — NEW SUBDIVISIONS AND ANNEXATIONS

The term "cost of installation of mains," as used in this chapter, includes the cost of the mains installed and of all materials, substances, labor, supervision and engineering and the reasonable rental value of machinery and equipment used or employed in the installation thereof. Notwithstanding any of the other provisions of this chapter, the term "cost of installation of mains" and the term "cost of installation" include any and all overhead expense and costs of administration on labor or materials including the cost of worker's compensation insurance, the cost of materials, labor, engineering, equipment rental, and all other costs as set forth in this chapter, and the owner shall pay all costs as provided in this chapter.

(Amended during 1984 codification; prior code § 7400.20(i))

(Ord. No. 3112, § 2, 2-25-20)

A.

Except as provided in this chapter, at the time of laying out and subdividing or resubdividing any tract or parcel of land within the city, or upon the annexation of any parcel of land, either developed or undeveloped, the owner or owners of the tracts, lands or annexations shall at their own expense provide for such water mains, submains and water services as may be necessary for the distribution of water to each lot, piece or parcel of land. When installed, the mains, submains and services shall become and be the property of the city, and be dedicated to the public for the purpose of distributing water to the lands.

B.

Whenever real property is annexed to the city, which real property has already been installed therein existing water facilities that meet the standards and requirements of the water division, the council may authorize purchase of the facilities if the owners thereof are willing to sell, and the council may or may not require the owners of the real property being annexed and being served by the facilities to pay the cost thereof. Should the council be unable or unwilling to purchase the water facilities, it may allow the annexed property to continue to be served through the existing facilities by motion recorded in its official minutes.

(Prior code § 7400.20(a))

(Ord. No. 3028, § 8, 4-14-15)

A.

Construction of all new distributing systems shall be done by the water division only, and shall be paid for by the owner or owners of tracts, lands or annexations, except as provided in Section 13.20.020.

B.

Owner or owners of proposed subdivisions, or of property being annexed, shall apply to the director of public works for water service. The director shall thereupon make or cause to be made plans and estimates to determine the probable cost of required installation. Mains, submains and services shall be of such size and kind as are in the opinion of the director, adequate to supply the tracts or annexations with water and fire protection, having due regard to requirements of adjacent lands and the growth of the city.

C.

On completion of the estimates, the director of public works shall notify the owner or owners of the amount of the estimated cost, and that amount in cash or certified check payable to the city must be deposited with the water division prior to approval of the tract map by the city engineer, or prior to approval of the annexation by the council.

(Ord. No. 3028, § 8, 4-14-15)

Editor's note— Ord. No. 3028, § 8, adopted April 14, 2015, amended § 13.20.030 in its entirety to read as herein set out. Former § 13.20.030, pertained to construction by water department, and derived from prior code § 7400.20(b); and amendments during the 1984 codification.

No subdivision, resubdivision, plot, tract or tracts within the city and no property or land shall be annexed, accepted and approved by the council unless and until the necessary and required financial arrangements with regard to city water service therein, under the terms of this chapter, have been arranged and approved by the director of public works.

(Ord. No. 3028, § 8, 4-14-15)

Editor's note— Ord. No. 3028, § 8, adopted April 14, 2015, amended § 13.20.040 in its entirety to read as herein set out. Former § 13.20.040, pertained to financial arrangements required for subdivision or annexation approval, and derived from prior code § 7400.20(c); and amendments during the 1984 codification.

After approval of a tract map, subdivision map, or annexation by the council and final recording of same, the director of public works shall proceed with the installation of the required mains, submains and services, together with such valves, fittings and valve boxes as may be necessary to proper control of the system, keeping all costs data for labor, materials and equipment rental. Any excess remaining in the hands of the water division over and above the actual costs shall be refunded to the owner or owners of the tract, subdivision or annexation. If, however, the actual cost exceeds the amount deposited, then the owner or owners shall pay the excess over and above the amount deposited, payment of the excess being a requirement to the turning on of the water.

(Amended during 1984 codification; prior code § 7400.20(d))

(Ord. No. 3028, § 8, 4-14-15)

The owner or owners of a proposed subdivision shall be required to pay one-half of the cost of the installation of mains in streets along the exterior boundaries of the subdivision, this cost to be based on the cost of installations at the time of approval of the subdivision and the cost to be determined by the director of public works.

(Amended during 1984 codification; prior code § 7400.20(f))

(Ord. No. 3028, § 8, 4-14-15)

In the event that the city elects to install mains of greater size than in the opinion of the director are adequate to supply any new subdivision with water and fire protection, the owner or owners of a proposed subdivision shall not be required to pay more than the cost of mains, which, in the opinion of the director, are adequate to supply the subdivision with water and fire protection, but no other adjustment of the cost of installation shall be made.

(Amended during 1984 codification; prior code § 7400.20(g))

No subdivision, resubdivision, plot or tract of land within the city shall be accepted and approved, whether by annexation or otherwise, by the council of the city unless and until the owner or owners of the real property have installed or made the necessary arrangements to install an approved type of fire hydrant. The fire hydrants, burys, shutoff valves and necessary pipe connections and fittings shall be furnished and installed by the city, and the cost thereof, including the installation and overhead costs, shall be paid to the city by the owner or owners of the property. Before commencing any work, the water division shall estimate the cost thereof, and the owner or owners shall deposit that amount with the water division prior to the approval of any tract or subdivision by the council or prior to any annexation of the property to the city.

(Prior code § 7400.20(e))

(Ord. No. 3028, § 8, 4-14-15)