9-1F-5: PREREQUISITES TO APPLICATION:

The following conditions shall be met prior to making application for enlargement of the water and/or wastewater service areas:

   A.   The property at the time the application is filed:

      1.   Shall be contiguous to the boundary of the water and/or wastewater service areas as same exists;

      2.   Shall entirely fall under the city's growth policy.

   B.   Applicant shall complete annexation requirements.

   C.   Provided that, should a state or federal governmental entity as a condition of providing funds or grants, require that service be extended to other areas outside the scope of this section, the city council may, upon receipt of application for waiver and upon a proper showing, waive the requirements of this section.

Information concerning the prerequisite conditions set forth in this section may be obtained from the city clerk during normal working hours at the city of Colstrip city hall, city of Colstrip, Montana. (Ord. 04-01, 2-10-2004)

9-1F-6: APPLICATION REVIEWS AND RECOMMENDATIONS:

The city shall review all water and/or wastewater service area enlargement applications so filed, and upon completion of said review, shall submit to the city council for their review and consideration such applications with recommendations and comments attached thereto. Any applications which are filed with the city at least two (2) weeks prior to the next regularly scheduled council meeting, shall be submitted to the city council at the next regularly scheduled meeting. Applications filed less than two (2) weeks prior to the next regularly scheduled city council meeting, need not be submitted until the next regularly scheduled meeting following the date of submission of the application.

The city shall review each water and/or wastewater service area enlargement application filed for the purpose of determining compliance with the following specific conditions:

   A.   Each application for enlargement of the water and/or wastewater service area so filed shall be accompanied with a legally binding, and lawfully recorded special agreement wherein one hundred percent (100%) of the owners of record of the property under consideration for inclusion in the service area shall have agreed to the following:

      1.   To waive their right to protest any future water and sanitary sewer special improvement districts that may be created by the city council for the purpose of providing water and/or wastewater service to the property in question,

      2.   Agree to fully comply with all rules, regulations, resolutions, ordinances, and laws governing the providing of water and wastewater service by the city, or as same may be lawfully changed from time to time,

      3.   Make commitment to construct all the necessary water and/or wastewater system facilities and to begin development of the entire parcel of property to be included in the water and/or wastewater service area within two (2) years from the date of the city council's approval of the enlargement application. In the event the applicant fails to comply with this particular commitment, the property in question shall automatically be excluded from the service area; and

      4.   Agree to fully comply with any such other conditions and/or requirements as the city council may establish from time to time.

   B.   Under no circumstances shall the city council grant approval to any applicant for enlargement of the water and/or wastewater service areas which would include property in the service area that is beyond the service capabilities of the municipal systems.

   C.   The public works supervisor, in his/her recommendations and comments to be submitted to the city council, shall address each of the aforementioned conditions and specifically set forth in writing whether or not the application under consideration fully complies, partially complies, or fails to comply with each of said conditions. (Ord. 04-01, 2-10-2004)

9-1F-7: PUBLIC HEARING:

At the time of completion of annexation, the annexed territory shall automatically be included in the service area; however, before officially acting upon any application for enlargement of the service area into an unannexed area, the city council shall hold a public hearing thereon and shall give public notice of hearing upon each such application published once each week for two (2) consecutive weeks in a newspaper of general circulation in the county. Said notice shall set forth the time and place of the public hearing and shall be published not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing. (Ord. 04-01, 2-10-2004)

9-1F-8: CITY COUNCIL ACTION:

The city council shall approve, conditionally approve, or deny an application for enlargement of a service area within thirty (30) days after the date of the public hearing. The approval or conditional approval shall be in force for the period of time set forth in the approval. A denial of an application shall be in force for one year after the date of such denial unless stipulations are identified in such denial, in which case the application may be resubmitted with deficiencies corrected. (Ord. 04-01, 2-10-2004)

ARTICLE G. WATER AND WASTEWATER EXTENSIONS

SECTION:

9-1G-1: Intent And Purpose

9-1G-2: Prohibited Act

9-1G-3: Application

9-1G-4: Approval; Waivers

9-1G-5: Fees, Charges And Financing

9-1G-6: Ownership And Maintenance

9-1G-7: Service Lines And Appurtenances

9-1G-8: Rights Of Way, Licenses, And Permits

9-1G-9: Facility Plan

9-1G-10: Service To Subdivisions And Individuals

9-1G-11: Oversizing Extensions

9-1G-12: Staged Construction Of Extensions

9-1G-13: Excavation Activities

9-1G-14: Construction Design, Standards And Specifications

9-1G-15: Size, Spacing, Depth And Capacity

9-1G-16: Standard Utility Siting

9-1G-17: Connection To Municipal Systems

9-1G-18: Project Notices And Other Correspondence

9-1G-19: Testing And Inspection

9-1G-20: Completion; Acceptance; Warranty

9-1G-21: Effect On Existing Systems And Services During Construction

9-1G-1: INTENT AND PURPOSE:

The intent and purpose of the rules and regulations set forth in this article are to:

   A.   Provide for an orderly, planned, and cost effective method of extending the municipal water and/or wastewater systems within their service areas;

   B.   Ensure that extensions to the municipal water and/or wastewater systems are properly designed, inspected, and constructed in accordance with appropriate health, utility, and fire suppression standards; and

   C.   Facilitate the administering and documenting of all activities relating to extensions of the municipal water and/or wastewater systems. (Ord. 04-01, 2-10-2004)

9-1G-2: PROHIBITED ACT:

Any unauthorized person is prohibited from extending or causing to be extended, either directly or indirectly, any portion of the water and/or wastewater systems without first obtaining in writing the necessary approvals and paying the appropriate fees and charges as required and set forth herein. (Ord. 04-01, 2-10-2004)

9-1G-3: APPLICATION:

   A.   Application And Fee: A prospective customer, or a group of prospective customers, desiring water and/or wastewater service to serve property which is situated within the water and/or wastewater service area, and which does not front or abut a right of way containing a public water main or sanitary sewer, shall make application in writing to the city clerk on a special form furnished for this specific purpose by the city. Said extension application shall be supplemented by engineered plans, reports, or other information considered pertinent. The appropriate application fee adopted under subsection 9-1B-10B of this chapter, or as such may be lawfully changed from time to time, shall be paid by the prospective customer, or group of prospective customers, to the city at the time the water and/or wastewater extension application is filed. All such extension applications shall be signed by the owners of record of the property to be served by the extension involved, or their legally designated representative, and shall be properly witnessed by a notary public.

   B.   Water And Wastewater Service Areas: The city council shall not accept for consideration a water and/or wastewater extension application which is intended to provide municipal service to property, or any portion thereof, which is situated outside the service area. Prior to acceptance for consideration of an extension application for such property, the property shall be included in its entirety within the service area in accordance with the provisions set forth in article F of this chapter. (Ord. 04-01, 2-10-2004)

9-1G-4: APPROVAL; WAIVERS:

   A.   Approval Of Extensions: Subject to all the requirements and conditions set forth in this section, the city is hereby authorized to grant approval of water and/or wastewater extension applications submitted to the public works supervisor under the provisions of subsection 9-1G-3A of this article. All such approvals granted by the city shall be in writing. The city shall be responsible for maintaining a permanent file of all such extension applications so approved.

The city shall grant approvals of water and/or wastewater extension applications in a nondiscriminatory manner. In addition, all such extensions so granted by the city shall be nonassignable to other property. Further, if the construction of the extension has not commenced within two (2) years from the date of the city council's written approval of the extension application involved, the city council's approval shall automatically be deemed void and no longer in force and effect. No refund of fees will be made to the applicant if construction has not commenced within two (2) years of the approval.

   B.   Water And Wastewater System District Waivers: First and before an extension application is approved by the city, one hundred percent (100%) of the owners of record of the property included in said extension application shall have legally waived their right to protest any water or sewer system special improvement districts which may be created in the future for the purpose of providing municipal water and/or wastewater service to such property. (Ord. 04-01, 2-10-2004)