(A) Water taps and connections. Whenever the city shall determine that it is feasible to provide water service to a customer, the city shall install, maintain, and operate a main distribution pipeline or lines from the system's source of water supply and shall further install and maintain, at the city's expense, such portion(s) of the necessary water service lines as may be needed to bring water from a water main to the lot or easement line of a customer; provided, however, that if the necessary water service line from the water main to the water meter of a customer is unusually long, as determined by the manager, within guidelines fixed by the city, the customer may be required to pay a portion of the cost of such service line. The expense borne by the city in any event shall include the necessary tap, fittings, and shut-off valve, which items shall belong to the city. Each customer shall install and maintain, at his expense, that portion of the service line from said lot or easement line to his premises, including a stop and waste cock at the end of the house side of his service, which items shall belong to the customer. The minimum earth cover of the customer's service shall be 30 inches. The manager shall determine the size and kind of service to be installed.
(B) Policy statement. In accordance with KRS 96.539, the City Council, recites the following rules and procedures that shall govern the extension of water service. The Council hereby states that all extensions and additions to the municipal water system shall be designed and developed as an integral part of said system. Extension of such water mains may be made where adequate pressure and quantity are available and when approved by the Council. Consideration will be given to applications for extensions of service to unserved persons and areas within the municipality. The Council will also consider proposals of developers who desire to construct and install water infrastructure and connect same to the municipal water system. Applications and proposals shall be heard and considered subject to these rules and regulations and in accordance with KRS 96.539. Furthermore, approval shall be subject to compliance with all applicable federal, state, and local statutes, rules, regulations, codes, and ordinances.
(C) Rules that apply to extensions of service to unserved persons and areas, excluding developers.
(1) Any person may make application to the Council for extensions of municipal water service to unserved persons and areas. The application shall be in writing, with supporting documentation the applicant or applicants deem necessary to duly inform the Council of the request for extension of service. The application shall be presented at the regular monthly council meeting.
(2) (a) In considering the applicant's request, the Council will investigate probable effects of such anticipated water consumption upon existing water customers. In the event the Council determines that the proposed consumption will not detrimentally affect other users, then and in such event the Council may instruct the appropriate department to prepare a cost estimate of the extension. The cost estimate shall include engineering costs if such professional services are required in order to comply with KAR 8:100, section 1(5)(b).
(b) The Council will review the cost estimate and may, at its discretion, make one of the following determinations:
1. Authorize the expenditure of public funds for the purpose of funding the extension of the necessary pipe lines; or
2. Require the applicant or applicants to bear the full cost of the extension, and said applicant or applicants shall pay the costs of said extension in accordance with terms and conditions set forth by the City Council.
(3) The cost of any extension greater than 100 feet per applicant shall be subject to refund to the applicant or applicants, on a pro rated basis for each additional customer whose service line is directly connected to the extension line paid for by the initial applicant or applicants. The refund period shall extend ten years, and in no case shall the refund amounts exceed the amount paid. Furthermore, the Council may determine the criteria for pro rating such refunds, on a case by case basis. The determination of such criteria, charges for future customer connections to the extended line paid for by the initial applicants, and all other pertinent details and information shall be delineated in a written document.
(4) All such extensions of water service shall be designed and installed by, or at the direction of, the municipal water system. If the applicant or applicants are required to bear the costs of the extension, the Council may at its sole discretion allow the applicant or applicants to use design and installation professionals of their own choosing, subject to Council approval. In the event the applicant or applicants use professionals of their choosing, this shall not supersede the municipal water system's right of direction, observation, and inspection.
(5) The municipal water system shall have the right and authority to utilize any extension of water service as an integral part of the municipal water system.
(D) Rules that apply to all developments.
(1) The developer or developers seeking to develop water infrastructure and connect same to the municipal water system shall submit preliminary documentation of a proposed development to the Council. The proposal shall be presented at the regular monthly City Council meeting.
(2) At the Council meeting the developer shall discuss the parameters of the proposed development, including but not limited to the area to be served, the scope of the development, and any potential future uses of the development.
(3) In considering the proposal, the Council will investigate probable effects of such anticipated water consumption upon existing water customers. In the process of making such a determination, the Council may, at its discretion, require the developer's project engineer to submit a "project summary report." If such a report is required, the document shall be reviewed by the municipal water system's consulting engineer. After review of the report, the system's consulting engineer shall make a report to the Council, and, in the event that the consulting engineer's report is favorable and it is determined that the proposed development will not detrimentally affect other users, authorization may be given to the developer to proceed with the development. The developer will be provided with a copy of the applicable rules and procedures governing extensions of water service, field testing procedures for new pipelines and appurtenances, specifications for water main distribution lines and service line distribution lines, and all other pertinent information and requirements of the municipal water system.
(4) After initial presentation of the proposal to the Council, a meeting will be arranged between the developer, his design and installation professionals, and the municipal water system's Technical Review committee (hereinafter called the committee). The committee shall be comprised of the system's consulting engineer, public works maintenance superintendent, utilities superintendent, and the City Administrator. The developer shall supply the committee with a minimum of two sets of the proposed construction plans and specifications. At the meeting, the developer and the committee shall discuss the suitability and acceptability of the design proposal. If the committee is not familiar with the developer's project design and installation professionals, it may request references. After meeting with the developer and his professionals, the committee will make technical review of the submitted project design and specifications and will make comments and forward such comments to the developer within 20 working days.
(5) Prior to submitting the plans and specifications for the facilities to the state Division of Water for a construction permit, the plans and specifications shall be submitted to the municipal water system for review and comment.
(6) In review of the plans and specifications, the standard regulations and specifications, Ten State Standards (latest amendments and revisions), will be used.
(7) Any actual engineering expenses (fees/charges) incurred by the system during the development will be "passed through" the administrative offices to the developer. These shall include engineering expenses for review of project design, project summary reports, project oversight, project inspection, and other necessary engineering services incurred by the system during the private development.
(8) The municipal water system shall specify the exact point of connection from which the developer shall construct the entire water distribution system.
(9) The proposed water distribution system should be installed in accordance with the Ten State Standard "Recommended Standards For Water Works," which are followed by the state Division of Water for design and installation of water facilities.
(10) The Developer shall be responsible for all costs of the proposed water distribution system. The initial connection from the municipal water system's main pipeline shall be made by the developer's installation professional at the direction of the system, and no connection fee will be required of the developer for the initial connection. In no case will connections be allowed to pipelines less than six inches in size. The developer is responsible for the design and installation of all necessary water lines and appurtenances, municipal water system approval, state approval, construction, engineering inspection, engineer construction certification, and pipeline testing. The system will conduct routine site observations during construction and pipeline testing. However, these visits and observations by the system will not supersede the requirement of the developer's engineer to supervise testing of new pipelines and certify to its accuracy.
(11) The cost of any extension greater than 100 feet per applicant shall be subject to refund to the applicant, on a pro rated basis for each additional customer whose service line is directly connected to the extension line paid for by the initial applicant or applicants. The refund period shall extend ten years, and in no case shall the refund amount exceed the amount paid. Furthermore, the Council may determine the criteria for pro rating such refunds, on a case by case basis. The determination of such criteria, charges for future customer connections to the extended line paid for by the initial applicants, and all other pertinent details and information shall be delineated in a written document.
(12) Prior to commencement of construction, the developer, at his expense, shall be responsible for obtaining all easements, right- of-ways, permits, licenses, and the like, necessary for the construction and operation of the proposed development.
(13) The City Council may, at its discretion, and on a development by development basis, waive the requirement that the developer install a water pipeline lateral for each lot in the development inclusive of a meter box, ring, lid, and setter at the end of each lateral. In the event that the council waives such requirement, the city will tap the main pipeline, install a water pipeline lateral with all necessary appurtenances and charge the appropriate tap fee.
(14) In addition to the state's construction conditions and disinfection requirements for new pipelines, the municipal water system will require testing of the pipelines. Results of all pipeline testing shall be submitted to the municipal water system's consulting engineer. The results of pipeline testing will be reviewed by the system's consulting engineer, and if test results are unacceptable, retesting of the new pipelines will be required. The system will supply the necessary water for testing procedures at no charge to the developer.
(15) The Developer shall be responsible for compliance with any remedial measures issued by the municipal water system that result from periodic inspections and observations.
(16) When all works is completed to the system's complete satisfaction, and prior to providing any water service to the development, the system must obtain from the developer a certification of construction that states that the water distribution system has been constructed and tested in accordance with the approved plans and specifications and any provisions set forth by the state and/or the municipal water system. This certification must be signed by the developer's registered professional engineer. If the certification is contrary to conditions observed by the system during construction, the conflicts will need to be resolved prior to the development being provided water service.
(17) Procedure for acceptance of the water infrastructure.
(a) Upon full compliance by the developer with all of the hereinabove recited rules and procedures and compliance with any and all issued remedial measures, the City Administrator will make report to the City Council. The report may recommend final acceptance of the water distribution system for maintenance/ operations by the Municipal Water System.
(b) Acceptance of the water distribution system will be accomplished by adoption of city ordinance. The ordinance may set forth terms and conditions any final acceptance may be subject to. However, in no case will the final acceptance of the water infrastructure be made until the developer has provided the municipality with the following:
1. A construction certification signed by the developer's professional engineer and results of testing of water pipe lines and appurtenances;
2. Documents transferring all necessary easements to the municipality for maintenance/operations of the water pipelines and appurtenances;
3. Written assurance from the developer that his engineer will produce and deliver to the municipal water system "as built" plans of the water infrastructure within 90 days from the date the test results of the pipelines and appurtenances are approved by the system's consulting engineer;
4. Payment of all bills due the municipality for actual engineering expenses incurred by the municipality during the private development.
(18) Nothing contained in the hereinabove recited rules and procedures shall be construed to limit the City Council's authority to deny or refuse the connection of any proposed development of infrastructure to the city municipal water system.
(Ord. 80-7, passed 11-3-80; Am. Ord. 82-2, passed 3-15-82; Am. Ord. 84-12, passed 6-18-84; Am. Ord. 88-22, passed 11-22-88; Am. Ord. 96-3, passed 3-18-96, 99-15, passed 9-27-99) Penalty, see § 50.99