Murray Public Works and Utilities will authorize the extension of existing water and sewer mains where necessary to provide water and sewer service on the following terms and conditions:
(A) When application has been received for water and sewer service requiring an extension of main to provide such service, or where application has been received for extensions into a newly developed tract of land, the applicant will be required to deposit an amount equal to the entire estimated cost of installing the necessary pipe lines and appurtenances other than service connections, as determined by the Murray Public Works and Utilities.
(B) The deposit will not bear interest.
(C) In the case of extension of street mains along streets, arteries, or easements bordered by parcels of property whose owner elects not to share in the construction costs of the extensions, hereinafter termed nonparticipating parcels, the Superintendent of Murray Public Works and Utilities shall bring before the Council the plans for the proposed extension, with the location and pipe footage dimensions of all nonparticipating parcels clearly delineated.
(1) The Council may declare any or all of the nonparticipating parcels to be certified nonparticipating parcels, and all those so certified shall be entered in a ledger maintained by the Superintendent of Murray Public Works and Utilities exclusively for that use, and labeled certified nonparticipating property parcel ledger. The following information shall be entered in the ledger for each parcel of property certified:
(a) For the purposes of determining which parcels of property front on a street main extension, the term "FRONT DIRECTLY" shall mean laying adjacent to the roadway, artery, or easement on which the line is to be constructed.
(b) Total footage of street main extension constructed.
(c) Total cost of construction.
(d) Average per foot construction cost.
(e) Total footage of each certified nonparticipating property parcel fronting directly on the street main extension.
(f) Owner of each certified parcel.
(2) In addition to entering the information concerning construction costs of lines bordered by nonparticipating parcels in a ledger, the Director of the System shall cause to be recorded in the proper records of the Calloway County Clerk the information contained in the certified nonparticipating property parcel ledger, and the fact that the information is maintained on file in the office of the Director of Murray Public Works and Utilities. The Director shall also request the County Court Clerk to enter a notation on the property deed of each certified nonparticipating parcel calling the attention of prospective purchases of the property to the classification by the city of the property as a nonparticipating parcel.
(3) No property owned by an applicant for a street main extension shall be eligible for certification as a nonparticipating parcel.
(4) In the case of street main extensions where some parcels of property fronting on the extension have an unusual amount (large or small) of frontage in relation to the potential service that might accrue to the parcel from a future tap-on to the extension, the Council may elect to add to the nonparticipating classification. The addendums shall be certified by a majority vote of the Council, and this information shall be entered in the ledger in addition to the total footage of the parcel fronting directly on the street main extension.
(5) The owner of all nonparticipating property shall be notified of the pending classification by the Director of Murray Public Works and Utilities prior to submission of street main extension construction plans to the Council. This notification shall include a statement encompassing the ramifications of such a classification, particularly as set forth in division (D) below. The owner of the property shall again be notified after Council action certifying their property as nonparticipating. In such nonparticipating parcel addition, the Director shall cause to be run in a local newspaper a notice of designation. The second notice required here shall be sent by the Director prior to the beginning of street main extension construction, and shall notify the owner of the action taken by the Council.
(D) Tap-ons furnishing service to any nonparticipating parcel of property falling under the purview of division (C) above shall be allowed only after the applicant for such service has paid to Murray Public Works and Utilities the proper share of construction due for the line to be tapped on, with interest at 7% per annum from date of certification of the property, in addition to any fees and costs incurred under division (C)(2).
(1) The amount of construction cost due from an applicant for service shall be computed by multiplying the total number of feet of nonparticipating property to be served by one-half provided other property, participating or nonparticipating, lies directly across the roadway, artery, or easement on which the street main lies, and by the average per foot construction cost of the line as entered in the nonparticipating parcel construction ledger. In cases where only the applicant for service can feasibly be served by a particular section of street main, computation shall be made by multiplying the total number of feet of nonparticipating property by the factor of one, and then by the average per foot construction cost of the street main. In cases where an amount of construction compensation cost has been certified by the Council and this cost entered in the nonparticipating parcel ledger, this cost, plus interest, shall be assessed in lieu of any aforementioned computed costs. Interest, as well as fees and costs incurred under division (C) (2), shall be construction cost assessment.
(2) In the event property originally classified as nonparticipating has been subdivided, only the footage of the applicant's parcel which fronts the line shall be considered in computing the amount due from the applicant. However, any applicant requesting service from a nonparticipating parcel shall be required to pay the construction cost accrued from the footage of any and all nonparticipating parcels owned by him which front on the street main from which service is to be made.
(E) Tap-ons to utilities for the purpose of street main extension shall not be classified as a service tap-on, and shall not fall under the purview of division (D).
(F) Construction costs and interest collected under the purview of division (D) shall be refunded to the depositor, but shall be subject to divisions (H) and (I).
(G) When and as houses or buildings abutting on street mains that fall under the purview of division (A) are completed, the house or building occupied by a bona fide owner or responsible tenant who has entered into a contract for use of Murray Public Works and Utilities' service, and the parcel of property from which the service line originated has never fallen under the purview of division (D), then Murray Public Works and Utilities shall make refunds to the depositor, but subject to divisions (G) and (H), in amounts calculated as follows, at the option of Murray Public Works and Utilities, a refund of $100 will be made to the depositor and the refund so computed shall be made only once for each new customer connected.
(H) Under no circumstances shall the total amount of the refunds (excluding interest accrued under divisions (D)(1), (D)(2), or (F) exceed the total amount deposited with Murray Public Works and Utilities.
(I) No part of any funds collected after ten years is to be returned to the depositor.
(Ord. 525, passed 9-10-70; Am. Ord. 631, passed 10-14-76; Am. Ord. 93-1012, passed 11-23-93)