A. Installation Required: No land shall be connected to the sewer or water system of the city until sewer and water lines have been installed as required herein.
B. Line Size: No land shall be connected to the sewer and water facilities of the city until there are first installed water and sewer lines within the full length of the street adjacent to the land in the size required by the city engineer, but not less than a six inch (6") water main and an eight inch (8") sewer main. The water and sewer facility shall be installed at the cost of the owner, agent or occupant of land to be connected to the facilities. (Ord. C66-206, 1-25-1983)
1. When land being connected to the water and sewer systems of the city are required to be upgraded beyond the needs of the development, the developer shall be reimbursed a pro rata share of the costs as determined by the city, the terms and conditions of which shall have been mutually agreed to, in writing, by both parties prior to authorization for construction. The cost differential shall normally be identified by competitive bidding of the extension with and without the required upgrades. The reimbursement shall be due upon city acceptance of the installed facilities subject to the availability of funds; in the event that funds are not available upon city acceptance, the reimbursement may be prorated over a period not to exceed ten (10) years.
2. For in-fill development only, where public utility line extensions are required, water and sewer main line pipe only (valves, fittings, tapping saddles, service line materials, fire hydrants, manholes and other such appurtenances are specifically excluded), shall be furnished by the city at no cost to the developer. Public utility extensions shall be required across the entire frontage(s) of the subdivision or development. A partial extension shall not be accepted.
3. "In-fill development" shall be defined as those vacant parcel(s) of land that lie within the municipal boundaries, that have been bypassed, remained vacant or underused as a result of the continuing urban development process immediately adjacent to the project. To be considered in-fill development, the property must be located on an existing dedicated (improved or unimproved) right of way, and have existing city water and/or sewer service to those properties on both sides of and immediately adjacent to the development, and fronting the right of way. (Ord. C2004-18, 12-14-2004)
C. Construction Specifications: Construction shall comply with New Mexico specifications for public works construction, 1979 or later edition, prepared by the New Mexico chapter of the American public works administration. No construction shall begin until the city engineer has approved:
1. Plans and specifications with an estimate of the cost of construction; and
2. Arrangements by the owner or contractor for inspection, testing and final approval by a registered professional engineer.
D. Offer To City; As Built Plans: Upon completion of any extension, it shall be offered to the city free of encumbrances with a copy of as built plans and the maintenance bond or warranty as required herein. If all requirements are complied with, it shall be accepted for the city by the city engineer.
E. Reimbursement Of Pro Rata Share: Land benefited by the extension of water or sewer facilities that has borne none or less than its share of the cost shall not be connected to the facilities until reimbursement is made to those paying for the extension of a pro rata share of the cost, to be determined as follows:
1. When land to be connected is adjacent to the line, the connection may be made upon reimbursement of a percentage of one-half (1/2) the total cost of the extension in the ratio that the length of line adjacent to the connecting land bears to the total length of the extension.
2. When land to be connected is not adjacent to the line, at the end of the line, or when the amount to be borne by land adjacent to the line under subsection E1 of this section is grossly inequitable, whether too high or too low, connection may be made upon payment of an equitable amount based upon potential line usage or other criteria determined by the city engineer.
3. The cost of any portion of an extension which does not benefit adjoining or other property may be prorated to land connecting at another location with the approval of the city engineer.
4. When it is determined by the city engineer that water or sewer mains must be installed on each side of a major highway, the entire cost of the line may be prorated against the property served on one side of the line. There shall be no line reimbursement cost for connection to land on the opposite side of the highway if the main line is extended across the highway and along the full length of the property to be served.
5. No land shall be obligated to connect to a particular line installed by a property owner or the city. With the approval of the city engineer, land may be connected to other city facilities with lesser or no reimbursement requirement, but nothing herein shall relieve land of a special improvement district assessment.
6. Connections may be made to any line without reimbursement cost for the purpose of extending the city owned water or sewer system. Such extensions, however, must be made along the full length of the property to be served unless the city engineer finds that no further extensions can be made from that point.
7. Any person aggrieved by a reimbursement determination of the city engineer may appeal to the city council whose decision is final, subject to appropriate district court review.
F. Claim For Reimbursement After Ten Years: No reimbursement under subsection E of this section shall be required for connections which take place more than ten (10) years after the completion of installation of the water or sewer line. As a condition for receiving reimbursement, the owner, agent or occupant paying the extension cost shall prepare an acknowledged written claim which shall:
1. State the cost of the line;
2. State the general location of the line;
3. State the description of the property which has not contributed to the cost of the line but which may wish to use the line in the future;
4. Contain the city engineer's signature of approval and date of acceptance of the facilities by the city; and
5. Be recorded in the county clerk's office within sixty (60) days of acceptance by the city.
G. Costs Paid By City: When all or part of the cost of installing of any water or sewer line has been paid for by the city, no connection shall be made by the benefit of any land until reimbursement has been made as provided in subsection E of this section; provided, that the city shall make and record its claim as provided in subsection F of this section.
H. Unable To Locate For Reimbursement: If any person entitled to reimbursement under subsection F of this section cannot be located, reimbursement shall be made to the city before connection shall be allowed; provided, that any such money received shall be used by the city for installation, repair or maintenance of water and sewer facilities.
I. Alternate Reimbursement Methods: Nothing herein shall prevent owners of land from agreeing to different methods or amounts of reimbursement for the cost of water or sewer facilities, but the city will not recognize any different agreement unless it is executed and acknowledged by all affected property owners, recorded in the county clerk's office, and a copy delivered to the city engineer. (Ord. C66-206, 1-25-1983)