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(a) Whenever the owner or owners of any intervening property or properties shall thereafter apply to the Municipality for right to tap into or make connection with a water line extension, the Manager shall compute and certify to such person the pro-rata cost of construction of that section of line abutting the person's property and shall, before issuing permit to tap into or connect therewith, receive such pro-rata contribution or reimbursement and upon receipt remit a pro-rata share to the applicant. The determination of the Manager as to the amount of such contribution shall, in the absence of willful fraud or misconduct, be conclusive as between the Municipality and the applicant.
(b) The sums in subsection (a) hereof which are to be contributed by intervening owners shall be in addition to and exclusive of fees required and fixed by ordinance as inspection or permit fees for connection with or tap into water lines.
(Ord. 91-72. Passed 11-18-91.)
When an applicant is authorized to construct an extension, the applicant shall deposit with the Manager a waiver of liability which shall save the Municipality and its employees free and harmless from any and all damages or claims for damages which may arise or grow out of the extension and shall defend at the applicant's own expense any and all suits for the recovery of damages arising or growing out of the construction of such extension which may be brought or prosecuted against the Municipality or its employees.
(Ord. 91-72. Passed 11-18-91.)
Upon completion of all possible connections to the extension, but in any event at the end of a ten year period from the date of acceptance, all claims of the applicant for a reimbursement under Section 919.18, shall cease. If at any time during the ten year period the original applicant or their successors cannot be located for purposes of a reimbursement under Section 919.18 herein, the applicant shall be deemed to have forfeited his claims to any further reimbursements. In such cases, the contribution of the intervening owner shall be placed in the Water Extension Fund for use as Council may designate. Upon the written request of the applicant, Council may extend the term of the agreement if it determines that the circumstances at the end of the original period warrant the extension. (Ord. 91-72. Passed 11-18-91.)
Council herein establishes the "Evaluation System for Utility Extensions and Charges" dated June, 1992. This evaluation system shall be maintained by the Manager and utilized to objectively evaluate the benefit of a proposed utility extension to the Municipality.
(Ord. 92-65. Passed 11-2-92.)
(b) The Manager shall forward to Council a summary of the evaluation containing the following information:
(1) Project cost;
(2) Anticipated revenue generated;
(3) Portion of revenue available for debt retirement;
(4) Consistency with Municipality Annexation/General Development Plans;
(5) Environmental impact;
(6) Additional water system funds required for project implementation.
(c) Council, upon the recommendation of the Manager, shall determine whether the proposed water extension will be constructed and financed as described in Section 919.13 through Section 919.20; or alternatively as described in Section 919.16, where such project is evaluated as being in the long term best interest of the community due to the enhancement of community growth, economic development and environmental protection.
(Ord. 92-65. Passed 11-2-92.)
(1) Property presently connected to the Municipality's water system through a less than twelve inch waterline;
(2) Property with existing houses not presently connected to the Municipality's water system. Waiver of such tap is contingent upon the following:
A. Tap shall be made within six months from the date of completion and activation of such waterline extension;
B. Service shall continue uninterrupted for a period of two years from the date such tap is made, except interrupted service which is deemed necessary by the Manager for repairs and/or maintenance on such waterline; and
C. The monthly minimum charge shall be paid on time for a period of two years from the date such tap is made.
(3) Presently vacant property shall receive one free tap for each benefit assessed to such vacant property, provided, however, that any such tap shall be made prior to any structure being completed and/or occupied.
(b) Such waivers shall only apply to three-fourths inch taps.
(Ord. 93-44. Passed 8-2-93.)
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