8-1-29: OWNER OR DEVELOPER RESPONSIBLE FOR WATER LINES:
   A.   The owner or developer of any piece of property or tract of land is responsible for the construction of the water line (or for the water line costs) along any of the property sides or frontages of the property along which a water line is needed for the overall completeness and continuity of the City's water main system. If it is a large tract of land, the owner or developer of said land shall also be responsible for the necessary and required system of water lines within the interior of the tract of land.
   B.   The owner or developer of any piece of property shall construct all needed water lines (of the approved size) within and along all sides or frontages of any piece of property prior to the time any building constructed thereon is occupied or utilized unless "phased" construction of the water main system is specifically allowed or provided for in the annexation or development agreement. In lieu of actually constructing said required water line or water lines, the property owner or developer may deposit adequate monies with the City to fully cover the costs of said required water line construction.
   C.   The owner or developer of any property or subdivision will normally be responsible only for the cost of up to an eight inch (8") diameter water line. The additional cost of providing a water line of a diameter or size greater than eight inches (8") will normally be a City responsibility. The City will reimburse the developer for the extra cost of the additional water line size (over the 8 inch diameter size referenced above) as set forth in the annexation or development agreement between the developer and the City. Provided, however, that if proposed subdivision or development is of such size or magnitude that it requires a water main size larger than eight inches (8") in diameter, then the owner or developer of said subdivision or development shall be responsible for the entire cost of whatever size of water main is required for said subdivision or development.
   D.   If the property owner or developer owns or is developing the property on only one side (as compared to both sides) of any street, alley, or easement where a water line is located or required, he shall be responsible for only one-half (1/2) of the cost of said water line while the property owners on the other side of said street, alley, or easement shall be responsible for the other half of the cost of said water line construction. However, in the absence of any mutual agreement between the two (2) (or more) property owners, the City will participate with the first owner or developer to the extent of paying for one-half (1/2) the cost of up to an eight inch (8") diameter water line along or across said referenced property frontage. The second (or other) property owners will thereafter be responsible for reimbursing the city for his half of the costs of this water line construction at the time he (the other adjacent property owner or developer) began to develop or build upon his property that is adjacent to the water line installed by the first property owner. (1980 Code § 4.6.47)
   E.   Provided further, however, that if the water line construction is for an area or a development that is outside of the city limits or if the length of water line construction in which the city would be participating (as referred to above) exceeds one thousand (1,000) linear feet, the city may decline to participate in the cost of said water line construction except to pay for the extra cost differential between an eight inch (8") diameter line and the actual size of line that the city designates shall be installed to meet its master plan requirements. When this situation or set of circumstances exists, the property owner or developer who first initiates or actually begins the development of his property shall be responsible for "front ending" the entire cost of the water line construction and for actually constructing said water line. The second (or both) property owners will thereafter be responsible for reimbursing the first property owner for his share of the costs of the water line construction along his frontage at the time he (the other adjacent property owner or developer) begins to develop or build upon his property adjacent to the water line installed by the first property owner. In the absence of any agreement between the first property owner or developer and the other adjacent property owners or developers covering the cost of said water lines, the referenced other adjacent property owners or developers shall pay to the city the amount of twelve dollars ($12.00) per linear foot (or such other amount as the city council may hereinafter establish and adopt by resolution) for the length of water line across his frontage. The city, in turn, will reimburse the same amount to the first party, which reimbursement shall be deemed adequate and appropriate compensation for his share of the cost of said water line. (1980 Code § 4.6.47; amd. 1999 Code)