§ 50.48 SUBDIVISION DEVELOPER’S OR PROPERTY OWNER’S RESPONSIBILITY FOR WATER LINES.
   (A)   Construction. 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 shall also be responsible for the necessary and required system of water lines within the interior of the tract of land. The owner or developer of any piece of property shall construct all needed water lines (of the approved size) within and along all sides of 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 the required water line(s), the property owner or developer may deposit adequate monies with the city to fully cover the cost(s) of the required water line construction.
   (B)   Line over six-inch diameter. The owner or developer of any property or subdivision will normally be responsible only for the cost of up to six-inch diameter water line. The additional cost of providing a water line of a size greater than six inches will normally be a city responsibility. The city will reimburse the developer for the extra cost of the additional water line size (over the six-inch diameter size referenced in this division) as set forth in the annexation or development agreement between the developer and the city. Provided further, however, that if any proposed subdivision or development is of such size or magnitude that it requires or necessitates a water main larger than a six- inch diameter line or if the type of development is such as to produce a water flow in excess of the capacity of a six-inch diameter water line, then the owner or developer of the subdivision or development shall be responsible for the entire cost of whatever size of water line is needed to accommodate the development.
   (C)   Development on one side of street. 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, the owner/developer shall be responsible for only one-half of the cost of the water line while the property owner on the other side of the street, alley or easement shall be responsible for the other half of the cost of the water line construction. However, in the absence of any mutual agreement between the property owners, the city may participate with the first owner or developer to the extent of paying for one-half the cost of a six-inch diameter water line across the referenced property frontage. The second property owner will thereafter be responsible for reimbursing the city for his or her half of the costs of this water line construction at the time he or she (the second property owner or developer) begins to develop or build upon his or her property that is adjacent to the water line installed by the first property owner.
(Prior Code, § 8-1-27) (Ord. 92-549, passed 3-18-1992)