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The water superintendent shall administer and enforce this chapter under the direction of the city manager and shall manage the city's water pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations, ordinances and directives adopted by the city council from time to time prescribing his or her powers and duties. (1994 Code)
The water system constructed or otherwise acquired by the city to supply culinary water is the property of the city and shall be under the sole and exclusive control and jurisdiction of the city. The water superintendent may, and at the direction of the city council shall, make alterations and repairs to the culinary water system. The city council may from time to time by resolution make such rules and regulations as the council deems necessary or desirable for the operation and control of the culinary water system. The city may enter into contracts with other governmental entities and/or wholesale water delivery providers for the purchase of water for the city's culinary water system. The city may contract with other political subdivisions or entities to manage and operate the city's water system. The city may acquire water rights and/or water shares, etc., as it deems appropriate or desirable. (1994 Code)
The water superintendent may allow connections to the city's water system at such time as the property owner or such owner's duly authorized agent complies with all of the following provisions of this section:
A. Application For Water Service: The record owner of any property being served by the city's water system shall appear as the applicant and customer for that water connection, and shall be held responsible to the city for payment of all water service fees and charges incurred by that connection. Any owner desiring water service from the city shall complete and submit an application for water connection in a form provided by the city. The property owner shall be liable for any water fees or service charges incurred by a renter or lessee or other occupant of the owner's premises.
B. Water Connections Nontransferable: Water connections shall not be transferred to a location different from that shown on the application for water service nor from where originally used, nor may a larger water connection be subdivided into several smaller connections.
C. Service Pipe: The property owner or his agents shall install a service pipe to the curb or property boundary line of his or her property, which meets the following requirements:
1. The service pipe is of material and quality specified in the city's construction standards.
2. The service pipe will, when used, be buried at a depth and grade specified in the city's construction standards.
3. The service pipe is not roughed out closer than three feet (3') from the sewer pipe at the foundation of any building and is not laid in the same trench with any sewer line nor is so constructed as to cross the sewer line, and no service pipe is laid in the same trench as a gas or any other pipe, but a separate trench is provided for such service pipe at least three feet (3') horizontally from all other pipelines.
4. The service pipe does not run across property owned in fee by a person other than the property owner who applied for the connection, unless a satisfactory easement is obtained.
5. The service pipe, when connected, will supply water to no more than one building (accessory buildings excluded), except that where permission is obtained by the property owner from the water superintendent, connection of more than one building may be made to such a service pipe, if the property owner applying for the connection is the owner of all buildings connected to said service pipe. For the purpose of payment of fees under this chapter, however, each building which shall receive water service through a common service pipe shall be deemed to receive said water service through a separate service pipe so that a property owner applying for connection shall pay the charges set forth in subsection G of this section for each building which is to receive water service.
D. Illegal Use Of Water Pressure: The water provided through the connection will not be used for the purpose of driving any motor, syphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, or for any other purpose which the city council by resolution or the water superintendent by regulation shall include herein.
E. Inspection: The service pipe of the building to be connected shall be inspected by an inspector of the city public works department and found to conform to these ordinances and to the Utah plumbing code prior to backfilling. The service pipe and all other underground water lines or connections shall be open and visible to the inspector at the time of inspection.
F. Charges Current: The property owner requesting connection shall have no unpaid delinquent water charge assessed against him or her by Draper City on any property located within the city or connected to the city's water system.
G. Fees Due At Connection: Subject to section 16-1-060 of this chapter, the property owner shall pay at the time he or she files his or her application for connection all of the following applicable fees which are not refundable for any reason:
1. The connection charge specified by the city council by resolution, which may include a capital development fee in addition to the actual cost of connection.
2. The cost of installing a special heavy duty meter box to withstand the pressure of vehicular traffic (if required by regulation of the water superintendent). (1994 Code)
A. Developer's Application For Service: No individual, firm, corporation, association, or other entity developing real property within city's boundaries shall be permitted to connect onto city's water mains or to use water therefrom until a formal written application for service has been received by the city on a form provided by the city, and the city has accepted the application in writing.
1. Number And Type Of Service Connections: The application shall indicate the size and number of water connections that applicant will require, whether residential, multi-family, commercial, or industrial use is intended, and shall be accompanied with such proof as required by city's legal counsel of applicant's title to any water and water rights which applicant proposes to transfer to city. Applicant shall also submit a master plan of applicant's proposed development for review by city's engineer.
2. Application Fee: Applicant shall pay an application fee in an amount determined by the city council by resolution adopted by the city council to offset the costs of reviewing this application by city's engineers and legal counsel.
3. Commitment To Serve: The application for service may be accepted and a commitment of service letter shall be issued by city to the applicant upon a finding by the city engineer, upon recommendation of the water superintendent, that city has available water rights and water source capacity and water distribution and storage facility capacity to serve the proposed development with a year round supply of domestic and/or municipal and industrial water. The city engineer shall forward a copy of all commitment letters to the city council and inform the council of water capacities, distribution and storage limits. Denial of service may be appealed to the city council in writing within ten (10) days of the denial.
a. The finding of available water rights may be based upon either water rights and sources owned or controlled by city or upon water rights owned by the applicant that are to be transferred to city in lieu of payment of the water rights development fee as provided by this section.
b. The finding of available water distribution and storage system capacity shall be based either upon the existing system capacities of city, or, upon the expansion and extension of the main transmission system and the augmentation of storage capacity constructed by applicant and transferred to the city in lieu of applicant's payment of the water system development fee as provided by this section.
4. Water Rights Development Fee/Donation Of Water Rights: All applicants seeking water service from city for their development project shall either pay a water rights development fee in order to cover the capital costs incurred by the city in acquisition of water rights and the development of water sources, or, in the city's sole discretion, the developer shall donate water rights to the city.
a. The water rights development fee shall be established by the city council by resolution and shall be due and payable upon the acceptance of applicant's application for water service.
b. Applicant may donate water rights in lieu of payment of the water rights development fee. Acceptance of the offered water rights shall be at the sole discretion of the city and shall be conditioned upon applicant's compliance with the conditions precedent of subsection B of this section. Upon legal transfer of the donated water rights, all or a portion of the water rights development fee may be waived.
c. Where no water rights are donated and the water rights development fee is paid, the city shall allocate a portion of the water rights development fee paid per unit to a water source development account. These funds shall be used by city to proportionately offset its costs in developing new wells and other sources of water supply as required by city to meet the increasing source demand requirements created by new developments. The remaining portion of the water rights development fee shall be used to acquire water rights to serve applicant's development.
5. Water System Development Fee: In addition to the donation of water rights and/or the payment of a water rights development fee, applicant shall also pay a water system development fee in an amount to be determined by the city council by resolution on each unit of system capacity demand required by applicant to provide the requested water service to applicant's development. The fee is required to offset the capital costs incurred by city in constructing or extending the main transmission system required to provide service to applicant's development.
6. Development Fees Subject To Change: Both the water rights development fee and the water system development fee are subject to change from time to time by resolution of the city council.
B. Conditions Precedent To Service Of Developments: Each applicant requesting water service to a residential development, or commercial or industrial development within the city, must comply with all of the following conditions precedent in order to obtain water service from city, unless compliance is expressly waived by city in writing:
1. Water Rights For Development: Applicant shall either pay the water rights development fee imposed by the city or, at the discretion of the city, donate water rights in lieu of payment of these fees as provided herein. Any donated water rights must be approved by the city engineer for year round use for municipal, domestic or industrial purposes, prior to their donation to the city. The water rights as approved must be of sufficient quantity and quality to satisfy the current state division of drinking water standards and its rules and regulations for applicant's intended use. Applicant shall obtain state engineer approval for the year round use of this water right before the water right may be accepted by city.
2. Transfer Of Title Of Donated Water Rights: Applicant shall transfer to city without cost, and by an appropriate instrument of conveyance acceptable in form to city upon review of city's legal counsel, title to applicant's water rights free and clear of all liens and encumbrances, except as may be expressly approved and accepted by city. Thereafter, city shall appear as the record owner of the water rights involved. The water shall then be commingled and become a part of the water rights and water supply for city through which all of its customers will be served, including applicant's development.
3. Water System Extensions: Applicant shall either pay the water system development fee or construct at its expense and donate any required main transmission system extensions as provided by this section. The improvements to the city's main transmission system shall be limited to those required to serve applicant's development, and shall be constructed in accordance with city's approved specifications. All excavation and construction activities shall be subject to city's engineer's inspection, approval and acceptance prior to interconnecting these extended facilities with city's existing facilities, to ensure that the extended and expanded system will be compatible with the existing facilities.
a. The city may, in its sole discretion, deem it necessary to construct excess capacity into an extended main transmission line or storage capacity to facilitate service to anticipated future customers in the immediate area. In that case, applicant shall pay for only the capacity required for applicant's property. The city shall either pay for the excess capacity constructed into the extended line under a separate cost participation agreement or require applicant to initially bear the entire expense under a line extension agreement with city, which agreement shall govern the manner and timing of partial reimbursement to applicant as other third parties connect onto and receive service from the extended line and other facilities. Applicant shall be reimbursed only for the incremental costs incurred in constructing the main transmission system capacity in excess of applicant's needs. Applicant will be required to pay for the minimum capacity required by applicant in these facilities.
b. Applicant shall install the extended main transmission system to a point prescribed by city in accordance with acceptable plans and specifications, to facilitate the orderly development of the next contiguous tract of land.
4. Subdivision Improvements: Applicant shall construct at its sole expense the internal or on site water distribution system required to serve the individual consumers within applicant's subdivision or development, including all booster pumps, on site storage, and other appurtenant facilities. The internal water distribution system shall be constructed in accordance with the city's specifications. Any booster stations and storage facilities shall be placed at elevations which will be compatible with booster pumps, storage facilities and pressure zones already existing or which may now or are proposed as a part of the main water distribution system. Service shall not be provided through these improvements from city's main transmission system until the improvements are inspected and approved by city's engineers and accepted by city.
5. Pipeline Easement Locations: Where possible, provision shall be made for the construction of all line extensions and distribution lines within public streets and easements. However, where the lines must cross private property, applicant shall obtain at applicant's sole expense all required and necessary easements in satisfactory and recordable form. Title to any required storage, pump station or other facilities along with the perpetual rights of ingress and egress for operation, maintenance, repair and replacement of the same, shall be transferred to city.
C. Transfer Of Title: Upon compliance with the conditions precedent of subsection B of this section, applicant shall convey to city, free and clear of all liens and encumbrances, except for those specifically agreed to in writing by city, and by an instrument acceptable to city, the following items:
1. Any extension of city's main transmission system constructed by applicant and donated to city as provided in this section, together with all necessary pipeline easements and rights of way for the operation, maintenance, repair and replacement of the same;
2. The internal subdivision distribution system and all appurtenant facilities, specifically including, but not limited to, all distribution lines, pumps, storage facilities, booster pumps, and any required treatment facilities, together with all appurtenant easements and rights of way for the operation, maintenance, repair and replacement of the same;
3. Title to all storage and well sites, together with any and all easements and appurtenances in connection therewith, including any required protection zone easements to protect water sources, pipeline and utility easements and rights of way;
4. Title to any water and water rights donated to city as provided herein;
5. Where any shares or water rights conveyed to the city by the applicant are inadequate to meet the requirements herein provided, the applicant shall pay the water rights development fee in an amount set by the city and such payment shall be made to the city as a condition of approval for development within the city;
6. In the event the applicant is not required to furnish the total amount of water that has historically been used on the developed parcel of land, the city shall have the first right of refusal to purchase the remaining shares or water rights which shall be set forth in writing and in recordable form and may be recorded by the city in the office of the county recorder; and
7. All water shares or water which may be held either by the city or by any political subdivision created by the city to operate and maintain the city's water system, including, but not limited to, a special service district, and thereafter the city's or political subdivision's designee shall have the right to vote any water shares held by the city or the political subdivision created by the city in accordance with applicable rules and regulations governing the same. (Ord. 961, 2-1-2011)
In addition to the immediately preceding section, the following provisions shall apply to anyone seeking to connect property to the city water system where said system does not extend to such property:
A. Agreement: Whenever a subdivider desires or is required to install water connections and extensions for a subdivision, the subdivider shall enter into a written extension agreement which shall constitute an application for permission to make said extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.
B. Dedication: Any extension of city water system granted in accordance with the provisions of this or the immediately preceding subsection shall, upon completion, become the property of Draper City.
C. Outside City: Draper City may furnish water service from its water system to persons outside the city in accordance with the provisions of this section. Any person or persons located outside the city limits who desire to be supplied with water service from the city water system and are willing to pay in advance the whole expense of extending the water system to the property, may make application to the city council by petition, which in addition to the water requirements set forth in this section, shall contain a certified acknowledgment that the petitioner understands that the city in granting the petition need only supply such water to the petitioner from time to time as shall be deemed by the city council to be available beyond the requirements of water use within the city limits and that such extension shall be the property of and subject to the control of Draper City. If the city council grants the petition, or any portion thereof, the petitioner and Draper City shall enter into an acceptable written water system extension agreement, which agreement shall be executed prior to the commencement of any work upon said extension. The agreement shall be subject to revocation and termination by the city upon reasonable notice at any time the city determines in its sole discretion that the surplus water no longer exists. The city shall have the right to allow third parties to connect to any water line or facilities constructed pursuant to this title in which case the city may enter into an agreement providing partial reimbursement to the developer. (1994 Code)
It is the intent that land annexed to Draper City be accompanied by water rights sufficient to accommodate the needs of the existing and potential occupants of said land. A donation of sufficient water rights to the city shall be a condition of annexation; provided, however, that persons or entities desiring to annex land into the city may in lieu of donating sufficient, acceptable water rights to the city, pay a water rights development fee satisfactory to the city to enable the city to serve the annexed territory with culinary water. In such cases, the petitioner for annexation shall comply with the provisions of subsection 16-1-060A4 of this chapter prior to the city's acceptance of the property for annexation and recording of the annexation plat. In the event property is annexed without the consent of the owner, the conveyance of water rights as set forth herein shall not be required; provided, however, at the time of development of such property, all provisions and requirements of section 16-1-060 of this chapter shall be complied with. (1994 Code)
The replacement of a previously used service pipe shall be deemed a connection and the provisions of section 16-1-050 of this chapter shall apply to said replacement. (1994 Code)
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