10-2-14: PUBLIC WATER MAIN EXTENSIONS:
   A.   The owner of one or more lots or parcels of land desiring the extension of one or more water mains to serve such property shall apply for a will serve letter. The application must contain the legal description of the property to be served, any additional information required by the board and city council, and must be accompanied by a map showing the location of the proposed connections.
   B.   Upon receipt of the application, the city engineer shall investigate and survey the proposed extension and shall submit a written report of findings to the board and city council along with the application, on the feasibility of the request.
   C.   The board shall consider the application and report, and provide its recommendation for approval or denial of the application to the city council.
   D.   If approved by the city council, the applicant shall contract a currently licensed Nevada engineer to design the main line extension. The city engineer shall not design the extension for the applicant as part of the duties of the city engineer. The contract engineer shall design the extension, provide for the inspection of the installation, and upon completion of the installation, provide the city with a letter that the installation meets city standards and specifications, and provide an "as built" drawing identifying the location of the facilities in sufficient detail acceptable to the city engineer showing all valves, service connections or other details necessary to assist the city in servicing the line.
   E.   All water main extensions installed, tested and accepted by the city shall become the property of the city.
      1.   Generally, the minimum circumference for a water main extension pipe is eight inch (8") diameter pipe. Should the city engineer recommend the installation of facilities greater or less than the minimum required, a report shall be prepared by the city engineer justifying the variance and provide that to the customer.
      2.   Should the owner of the property disagree with the recommendation of the city engineer, they may appeal to the board for a recommendation to the city council on whether to uphold the decision of the city engineer or overturn the decision. The property owner shall have the right to present arguments and other facts supporting their argument for why a variance is not required. The city engineer shall provide the rationale for the variance. Following each party's presentation, the board shall make a recommendation to the city council.
      3.   If the board recommends installation of oversized facilities, the property owner shall have the right to appeal that decision to the city council. If the city council follows the recommendation of the city engineer, the property owner shall be required to install the larger pipe at their expense. No dead end lines shall be permitted except at the discretion of the city engineer, and in cases where circulation lines are necessary they shall be designed and installed as part of the main extension and the cost paid by the applicant.
      4.   The size, type and quality of materials and location of the line shall be approved by the city engineer. The applicant will be required to pay the cost of all necessary rights of way and easements for the construction of water mains in the event obtaining a utility easement is required.
      5.   The following general conditions shall apply to the installation of any water main extensions, in addition to any specific conditions set by the city engineer and as may be recommended by the board and approved by the city council:
         a.   Materials for construction of pipelines shall be as approved by the board and the city engineer.
         b.   Lines and grades of water mains must be as preapproved by the city engineer. Water main depths shall not be less than five feet (5') to top of pipe, absent special circumstance, in which case, written preauthorization of the city engineer shall be obtained.
         c.   Valves shall be installed as required by the city engineer.
         d.   Fire hydrant type and location shall be as approved by the city engineer, the water department and the city of Ely fire chief and shall meet all federal, state and local laws and ordinances. Hydrant line valves shall be installed at the locations approved by the city engineer with concurrence of the fire chief.
         e.   All main extensions shall meet the requirements of uniform plumbing code or other applicable codes adopted by the city, and all applicable state health regulations.
      6.   After the city council has approved the proposed water main extension, the applicant shall contract an appropriately licensed contractor to install the facilities. The city engineer or authorized representatives of the city engineer shall approve the installation.
      7.   The water department may make extensions to the facilities constructed under this section without obligation to the applicant.
      8.   The city may enter into an agreement with the applicant to provide for the installation of the facilities comprising the water main extension in accordance with the plans and specifications approved by the city and subject to inspection by the city engineer.
   F.   Reimbursement For Main Extension:
      1.   Where the cost of the main extension has been paid by the property owner, the property owner shall thereafter but not longer than ten (10) years after the date the extension is originally connected to the city water system, collect a portion of the cost of the extension from any water user connecting to that section of the main extension with a service tap.
      2.   The prorated cost of such an extension must be calculated based upon the width or length of the property abutting the water main extension, divided by the total length of the water main extension for the prorated amount (example: If the water main extension is 150 feet in total length, and the new service's parcel is 35 feet along the main to be connected to, the prorated calculation is 35 divided by 150 for a total of .2333 or 23.33 percent of the total cost of the installation of the water main extension). The city shall bear no responsibility to the original contractor/customer to ensure the new service connecting to the water main extension pays any portion of the prorated cost to the original contractor/customer. It shall be the sole responsibility of the contractor/customer to seek payment pursuant to this section.
      3.   When different property owners, including the city contribute to the installation of the extension, such sums shall be refunded to such property owners pro rata according to the amounts which they contributed toward the extension and pursuant to the preceding plan.
      4.   Where special conditions exist, upon recommendation of the board and approved by the city council to justify reimbursement to persons paying the cost of a main extension on any basis other than that provided in this chapter, the board may recommend a special reimbursement contract. Any special reimbursement contract must be entered into and approved by the city council prior to commencement of the work.
   G.   Subdivisions: Installation of water services in a subdivision shall meet the requirements of Nevada Revised Statutes 278 et seq., this chapter and title 11 of this code. (Ord. 674, 5-12-2016)