§ 51.116  PRIVATE LINES, MAINTENANCE AND REPLACEMENT.
   (A)   Application.  The city shall identify all private waterlines located outside the city limits, the ownership of which is unknown or for which there is no known person or entity that has assumed responsibility for maintenance and repair of such waterlines.
      (1)   Any city water user being served through a private waterline as described above shall pay for the water three times the rate charged to inside-the-city users.
      (2)   The city shall set aside in a special utility fund one-third of the funds collected from the water users described in this section. The fund shall be used to pay the costs of repair and maintenance of the private waterlines as determined necessary by the city. Additionally, the fund may be used to pay the costs of private waterline replacements as such are determined necessary by the city, and as funds to finance same are available from the special utility fund.
      (3)   In all instances where new waterlines are installed to replace old private waterlines in accordance with the provisions of this section, the new waterlines shall become the exclusive property of the city, and any persons or entities owning property traversed by the replacement waterline shall be required to grant a 15-foot wide permanent easement to the city to accommodate the city's future ownership and maintenance responsibility as to the line.
   (B)   Contractual agreements. In those instances where there are identifiable owners of private waterlines outside the city limits, and the owners are willing to be fully responsible for the repair, maintenance and replacement of their waterlines, then the owners shall be required to enter into a contract with the city which would guarantee the repair, maintenance and replacement of the private waterlines at no cost to the city, and all persons or entities served by the private waterlines shall pay only two times the standard inside-the-city-limits water rate for all city water used.
(`90 Code, § 20-137)  (Ord. 91-03, passed 5-14-91)