(A) Generally. Unless otherwise provided under the provisions of this section, no water facility or service of the city shall be extended to any real property lying outside of the corporate boundaries of the city.
(B) Extension of water service to contiguous property. In the event of a request for extension of water service to real property outside of the corporate boundaries of the city and the property requesting service is contiguous to and capable of immediate annexation to the city, water service shall not be extended to such property unless:
(1) The owner of the property petitions the city and consents to annexation to the city. In the event that the property proposing extension is contiguous to the city but outside of the city’s approved urban growth boundary, the city may delay action on an application for extension of water service pending approval of a request for expansion of the city’s urban growth boundary for purposes of annexation of the property proposed to be served by the city’s water system;
(2) The owner of the property pays all fees associated with the proposed annexation; and
(3) The request complies with all applicable provisions of this section.
(C) Extension of water service to non-contiguous property. In the event of a request for an extension of water service to property outside of the corporate boundaries of the city which is not contiguous to the city and not capable of immediate annexation as provided in division (B) above, and the property is within the city’s approved urban growth boundary, no approval shall be granted under the provisions of this section for extension of water service to the property until:
(1) The owner of the property has executed an agreement by and between the requesting property owner and the city to annex to the city at such future time as annexation is legally possible, at the discretion of the city. The parties to the agreement shall agree that the agreement and the covenant to annex shall be a covenant to run with the land so served;
(2) The applicant pays, in addition to costs for connection to the city’s water system by the applicant located outside the corporate boundaries of the city, the costs of recording the agreement to annex as required by this section; and
(3) The request complies with all applicable provisions of this section.
(D) Extension of water service to property outside of the urban growth boundary.
(1) No approval shall be given to extension of water service by the city to property located outside of the city’s approved urban growth boundary except to the following:
(a) Development of designated industrial sites;
(b) Development of recreational planned unit developments (PUDs);
(c) Curing documented health hazards;
(d) Providing water service to existing rural-residential areas or to other areas committed to non-resource use upon a finding that Goal 14 standards have been met; or
(e) Publicly owned parks.
(2) In addition to the other requirements provided by this section, water service shall not be extended to properties lying outside the city’s approved urban growth boundary except upon specific findings by written resolution by the City Council of the following:
(a) The services and facilities are extended solely for the purposes expressed in division (D)(1) above and not for the purpose (express or implied) of justifying further expansion into rural areas;
(b) Identifying the specific provision of division (D)(1) above justifying the proposed extension;
(c) The area where the service is proposed to be extended is capable of being fully served by the city; and
(d) The hook-up of city water lines to resource lands will be prohibited unless specifically allowed under division (D)(1) above.
(E) Water service extensions. Water service may be extended to properties outside of the city limits only when those properties have frontage on a public water main which has been built to current city standards to serve the property requesting service and which water main is so constructed and extended as to provide service to adjacent property and which has been dedicated to and accepted by the city, together with all necessary easements and rights-of-way therefor, all in conformance with the requirements of this and any other relevant ordinance of the city. Such service may be extended only by the City Council after proper application as required by this section.
(F) Water main extension expenses.
(1) Any person or persons desiring to extend a city water line under provisions of this section to their property for connection thereto shall be responsible for the payment of costs for said construction and for the construction of the same according to the requirements of this section and to standard specifications and drawings submitted to and approved by the City Public Works Director.
(2) All such water main line extensions, not including water service lines, shall become the property of the city upon completion of the same by the owner or contractor and inspection and acceptance by the city. The person or persons constructing the water main line extensions shall provide and dedicate to the city an easement of a width and length required by the city prior to acceptance of the water main line by the city. The water users connected to the water main line shall also maintain the water main line, in accordance with city standards, for a minimum of five years.
(3) If the water main line, as extended as provided for herein, provides water service or is capable of providing water service to property other than the property owned by the person extending the water service, which property is not previously connected with the city water system, then the person or persons constructing the water main line extension shall file a verified statement of the total cost of construction of the water main line with the city. The city, after verifying the statement of costs, shall compute a just and reasonable method of apportionment of the costs for each property capable of being served by the water main line.
(4) After computation of the proportionate costs attributable to each property by the city, the city shall maintain a statement showing the costs of construction attributable to each property. The city shall then maintain a certified list of the costs attributable to each property owner who did not share in the cost of the construction of the water main line in the first instance.
(5) Any person or persons owning property who did not share in the initial cost of construction of a water main line who desires to connect to the water main line extended as provided for herein shall first be required to pay, in addition to established connection rates, the proportionate amount as computed by the city in division (F)(3) above together with interest at the statutory rate per annum before connection shall be allowed to the water main line. Upon receipt of the payment as provided for herein, the city shall attach to the original computation of proportionate costs a statement, duly certified, showing that payment of main line construction charges attributable to the property seeking connection have been paid.
(6) (a) Upon receipt of the payment attributable to property seeking connection to the water main line extension as provided for herein, together with the interest payment, the city shall place the funds so received in a trust fund account for the benefit of the person or persons who initially constructed the water main line or their successors in interest to the real property which was served by the water main line extension. As moneys are paid into the trust fund, the city shall apportion the same together with interest accrued thereon, to the person or persons originally paying for the water main line extension in an amount to which said person or persons are respectively entitled; provided, however, that in the event said person or persons originally paying for the water main line extension shall have transferred the property to a third person, the city shall pay such proportionate share together with interest accrued thereon, to the property owner of record at the time such payment is made; and provided further, that the city shall pay such proportionate share together with interest accrued thereon, to a purchaser under contract of sale if in such contract of sale the seller authorizes such payment to be made to the purchaser.
(b) The trust fund established by this provision shall continue for a period of 20 years, after which time the city shall cause the trust fund to be closed and any proceeds remaining in the fund to be transferred to the person or persons constructing the water main line extension or their successors in interest. After the period of 20 years has expired, the city shall not require any person or persons desiring to connect to the water main line to pay the proportionate share of construction costs as set forth in this section, nor shall the city be responsible for the collection of the same.
(7) Nothing in this section shall preclude the city from participating in the construction of the water main line extension, if the budget permits. The city would be entitled to receive moneys from the trust fund.
(G) Water service generally.
(1) All service provided to properties located outside the corporate boundaries of the city shall be subject to disconnection in the event of shortage of water supply within the city. Pressure and other conditions in all water service provided outside the city shall be at the risk of the purchaser of water, without guarantee or warranty by the city.
(2) No person, persons or property owner with water service shall allow additional water service connections on the water main or service line without the written approval of the City Council.
(H) Location and ownership of water main lines.
(1) The city will allow water main line extensions only on rights-of-way, easements or publicly owned property. Easements secured for water main extensions shall be in the name of the city or transferred to the city, along with all rights and title to the water main line at the time the service is provided to the customers paying for the extension.
(2) The property owners shall install and maintain, at their expense, the water service line from the city’s water meter to the premises. The city shall be the owner of all lines from the connection on the main line to the city’s water meter. The city shall be the owner of all water meters connected to the city’s water line.
(3) Water main lines outside of the corporate boundaries of the city shall be extended only as provided in this section. The water main extension shall become the property of the city at the time of installation. The City Council, or its designee, shall determine the size of the main extensions and all extensions shall be made only with prior approval by the city. All installation or repair procedures and materials for installation or repair of water lines of the city shall be in accordance with city and state standards.
(4) Maintenance of water main lines, meters and all appurtenances to the city’s water system located outside the city shall be the responsibility of the water users of the line for five years after installation. The city shall assume responsibility for maintenance of the water system, not including service lines, no sooner than five years after installation and only after annexation of the property adjacent to the water main line.
(I) Existing water services to property outside city limits.
(1) Existing services shall mean any connected water service and water lines outside the boundaries of the city at the time of the enactment of this section.
(2) No new connections shall be allowed on existing water services located outside the boundaries of the city without complying with the provisions of this section.
(3) (a) No improvements, other than needed repairs, shall be allowed on existing water services located outside the boundaries of the city unless the improvements comply with the provisions of this section regarding extension of water main lines and receive Council approval.
(b) Improvements shall include any alteration or changes, including easement changes, which could increase the service capacity of the line.
(4) Water services located west of the Coquille River supplied by the city’s water main on the Spruce Street Bridge shall be assessed monthly fees to pay all costs associated with continuing water service during any reconstruction of the Spruce Street Bridge or any future costs associated with continuance of service.
(Ord. 1185, passed 2-20-1996)