13.08.190 Extensions of service--Conditions required--Refund of deposit.
   A.   Main Extensions.
      1.   The municipal water utility, upon written request for service by a prospective customer or a developer, may at its sole discretion make, free of charge, the water transmission main extensions that are necessary to provide for the requested service when the total revenue estimated to be received by the municipal water utility for water services resulting directly from such transmission main extension for a period of three years is equal to or greater than the cost of furnishing and installing such water transmission main extension.
      2.   If the municipal water utility receives a written request for service by a prospective customer or a developer, and the cost of the transmission main extension necessary to give service to the area is greater than the total revenue estimated to be received by the municipal water utility for water service resulting directly from such transmission main extension for a period of four years, then:
   The municipal water utility shall make the extension if the difference between the cost and estimated total revenue, as defined in subsection (A) (2) of this section, is paid as a deposit to the municipal water utility prior to the signing of a construction contract. Subsequent assessments received by the municipal water utility within ten years from date of construction contract or date of check for total amount, whichever comes first, which are based on footage abutting the transmission main, shall be refunded to the depositors no later than the end of the calendar year in which such assessments are received; except, that in no event shall the total amount refunded by the municipal water utility exceed one hundred percent of the original deposit.
   B.   Distribution Main Extensions.
      1.   The municipal water utility upon written request for service by a prospective customer shall make water distribution main extensions necessary to provide service; provided, that:
         a.   The transmission main required to support the distribution main is either in existence or under construction in accordance with the provisions of subsection (A) of this section.
         b.   The system capacity charge is paid in accordance with the municipal code.
      2.   The municipal water utility, upon written request for service by a developer shall make water distribution main extensions necessary to provide service; provided, that the developer pays the municipal water utility prior to commencement of construction, as a deposit, the cost of such extensions. Such deposit shall be refunded to such developer, without interest, in the manner provided in subsection C of this section.
   C.   Refund of Customer's Deposit of Assessment Charge to Owner or Developer. The assessment charge required to be paid to the municipal water utility by each applicant requesting connection to such distribution main in such land development area, as described in Section 13.12.030, shall be refunded to the owner or developer who shall have paid as a deposit the cost of making such water distribution main extensions; except, that in no event shall the total amount refunded by the municipal water utility exceed one hundred percent of the total deposit, such refund to be made by the municipal water utility at the close of the calendar year in which such applicant shall have paid such assessment charge in full. Such payment shall be considered a part of the refund of the deposit therefor made by the owner or developer of the cost of such distribution main extensions. All rights to such refunds shall terminate ten years after such final deposit has been made. (Ord. 14-2021, 2021; prior code § 33-29)