§ 12-6-6 EXTENSIONS TO THE DISTRIBUTION SYSTEM.
   A.   Minimum size. No water line less than six inches inside diameter shall be accepted as part of the city water utility system. Six-inch water lines will only be permitted in cul-de-sacs or dead ends when no future extensions can be made. In all other cases, water lines shall have an inside diameter of no less than eight inches.
   B.   Grid system. Distribution water lines of 12 inches inside diameter are required on all section lines and distribution water lines of ten inches inside diameter are required on all half section lines and distribution water lines of eight inches inside diameter are required on all one-sixteenth lines.
   C.   Conditions of line extensions.
      1.   Beginning of line extensions. All line extensions to serve a lot, lots, subdivisions, or developments shall begin at the nearest adequate existing distribution line as determined by the city and City Engineer.
      2.   Water distribution lines.
         a.   All water distribution lines, other than those provided for in division E.5. below, shall extend across the total frontage of the property or development to be served. Where the property or development is on a corner and fronts two exterior sides, total frontage shall mean one exterior side of the property or of the development as determined by the City Engineer.
         b.   For a property on a corner that abuts a section line and a half section line, or that abuts two section lines or two half section lines, the frontage for a line extension shall mean the longest of the two exterior sides abutting the section or half section lines.
         c.   Those properties meeting the conditions of division C.2.b. above, where a line extension is required across the longest exterior frontage of the property, are exempt from any reimbursement charge for a connection to a line extension on the property's short exterior frontage when the extension is required by the city for the purpose of looping the distribution system.
         d.   For those properties meeting the conditions of division C.2.b. above, and where an adequate water distribution line already exists along one of the two exterior frontages at the time of development, a line extension is required to be installed across the property's remaining exterior frontage. The property is exempt from any reimbursement charge for connection to the existing water distribution line when required by the city for the purpose of looping the distribution system.
      3.   Installment location. Distribution lines shall be installed only in public streets, alleys, roads, and highways, and on other public and private property where satisfactory rights-of-way can be obtained without involving direct purchase or lease of land by the city.
      4.   Private streets or thoroughfares. Distribution lines may be installed in private streets or thoroughfares to provide water service to premises along the street, upon approval of the city, providing:
         a.   Right-of-way or easement provided is satisfactory to the city; and
         b.   The city has no responsibility to maintain or repair the surface of the street other than to restore it to its original condition after cutting the street for installation of the water line after repairs to the line.
      5.   Property of the city. Distribution lines which are extended or installed will become the property of the city after final inspection and acceptance by the city.
      6.   Construction drawings. Construction drawings for water line extensions, which are certified by a registered engineer, shall be submitted to the City Engineer for approval and shall be in accordance with the city's standard specifications for utility installations.
      7.   Payments. Payment is required for all water used in construction, sterilization, and testing of water main extensions, and the contractor or developer shall be held accountable for that cost. The amount of water used shall be estimated by the city's authorized representative.
   D.   Planned extensions. The city may, from time to time, through the creation by the county of special taxing districts or by other means, plan water extensions in specific areas of the county. The costs of these extensions and terms of payment may be set forth individually by county ordinance or resolution.
   E.   Water extensions other than planned extensions. Where properties are to be served by extensions which are not planned extensions, water facilities shall be extended on the following basis.
      1.   Application (by developer or others).
         a.   An application shall be required for extension of water service under the provisions hereof, and shall be in writing and signed by the developer or developers desiring city water service. The application shall be filed with the city and shall include a legal description of the property and shall indicate the name, street address, lot and block number, and the street frontage of each site, along with the proposed usage. Each applicant shall agree to connect to and use the city water service for his or her property.
         b.   No water mains, or connections to mains, will be extended until the charges for water service, as further outlined, have been provided for.
      2.   Processing of application. Upon receipt by the city of proper application requesting a water main extension, it will be evaluated and, if not feasible, returned with the proper explanation. If feasible, the cost to the developer will be estimated and submitted to the developer for consideration. If the developer decides to proceed further with the project and final zoning of the project has been approved, at the developer's request, the city shall prepare and submit an agreement specifying all terms and conditions for service and related costs to the developer.
      3.   Basis of payment for extensions. The cost to the developer shall be the payment of the connection charges and construction costs as further outlined. The allocation of costs for oversizing water mains and rebates in regard to off-site water mains are outlined in § 12-6-7A.5. and A.7.
      4.   Water main extended past property line. Each developer may be required to extend one water main to an upstream limit of his or her property rather than at the end of the particular extension requested. The charges or costs to the developer will include the cost of the water main to the upstream property line of the development.
      5.   Distribution line extensions within or bounding a development.
         a.   Installed by developer. Distribution lines shall be installed within or bounding the development to locations and grades and of such sizes as approved by the City Engineer and in conformance with city standards. Distribution lines of sizes and at locations approved by the City Engineer and in conformance with the city standards shall be installed for each lot within the development prior to paving the adjacent street. Where the line extensions, or a portion of the line extensions, do not meet the requirements listed in division E.5. above, the developer will be required to pay the full cost of the line extension or portion of the line extension. The city will enter into a reimbursement agreement with the developer requiring future customers to pay a pro rata share of the cost of the line extension if the initial service is taken during the term of the agreement. (See division G. below.) The developer shall install a minimum one-inch water service connection for each lot within the development at his or her expense, concurrently with the water line construction in the development. The service connections shall be guaranteed against any and all defects by the developer for a period of one-year after acceptance of the installations by the city. No one except authorized city personnel shall be authorized to install, remove, or reinstall water meters and, in the event the developer's contractor, plumber, or others remove, change, or relocate water meters, the developer shall be charged the cost to the city for restoring meters to their authorized and designated locations. Fire hydrants shall be installed within and along perimeter streets of the development at locations and to lines and grades approved by the City Engineer and in conformance with city standards. The developer shall be responsible for adjusting all water valves, meter boxes, and appurtenances to the approved final grade before acceptance of the system by the city.
         b.   Installed by city. Subject to the limitation set forth below, water line extensions of ten inches or larger sizes as required by the grid system located on section lines and half section lines shall be installed by city forces or by contract at city expense. Extensions installed and paid for by the city will include the appropriate valves, tees, crosses, and the like, as well as fire hydrants. Water service installations to serve individual lots shall not be considered as a part of the line extension installed at city expense, but may be included at the time of construction at the developer's expense.
            i.   Line extensions are limited to a maximum per subdivision or development per fiscal year as follows:
 
30-acre subdivision
1,320 LF
20-acre subdivision
990 LF
15-acre subdivision
660 LF
10-acre subdivision
330 LF
5-acre subdivision
165 LF
 
            ii.   Any subdivision or single lot five acres in size or smaller will be limited to a maximum line extension of 165 lineal feet per fiscal year. Any subdivision or development 30 acres or larger will be limited to a maximum line extension of 1,320 lineal feet per fiscal year. Any line extensions in excess of the limitation set forth in this division E.5., as revised, will be eligible for a reimbursement agreement under provisions of division G. below.
         c.   Limitation on city installation. Funds for city-installed line extensions are derived from a system development charge, as provided in this section. The total dollar amount of funds available in any one fiscal year for construction of distribution line extensions is limited by the city to an amount equal to the cost of construction of a combination of one-half mile of ten-inch and 12-inch main extensions. Distribution of available funds for line extensions each fiscal year shall be on a first-come basis. The project effective date for availability of funds is the date of the posting of construction assurances with the City Engineer.
   F.   Right to refuse service. The city shall have the right at all times to refuse to extend service on the basis of a use detrimental to the water system, lack of payment of required fees, or for any reason which, in the opinion of the city, will cause the extension not to be in the public interest. No payment of any costs, submitting of any petition, or any other act to receive water service shall guarantee water service.
   G.   Reimbursement agreements.
      1.   Eligibility.
         a.   When a ten-inch or larger line extension, conforming to the Water Master Plan, is installed outside, abutting, or within the applicant's lot, lots, subdivision, or development, and does not meet the requirements of division E.5. above, for a line extension by the city, then the applicant shall be eligible for a line extension agreement.
         b.   The city will enter into an agreement with the original applicant for the line extension and will collect and return to the applicant, as provided in the agreement, a distribution line reimbursement charge from parties wishing to connect laterally to the line extension.
         c.   To be eligible for a reimbursement agreement, the original applicant for the line extension must submit the certified costs of the extension, as prescribed in this division G., within 120 days from the date of acceptance of the line extension by the city. Eligibility must be established in a timely manner so that project records and the utility atlas is fully updated. The applicant shall be notified, in writing, of the availability of a reimbursement agreement by the city. Before the end of the 120-day period, the original applicant will be again notified, in writing, by the city of the 120-day expiration date, and a 60-day extension will be granted if requested by the original applicant.
      2.   Reimbursement charge.
         a.   The reimbursement charge will be based on one-half the cost per lineal foot for the water line extension abutting the premises of the party who desires to obtain a connection or connections to the line, or by a fee per acre for the area served by the connection.
         b.   The certified cost per lineal foot for the water line extension shall be obtained by taking the total cost for construction of the extension divided by the total lineal feet of the water line extension that was installed. The costs must be certified by both the developer's engineer and the City Engineer.
         c.   The per acre fee shall be determined either by obtaining the total cost of construction of the extension minus the pro rata share of cost for the line extension belonging to the original applicant served by the line extension, or by setting a fixed cost per acre. The cost to be certified by the developer's engineer and the City Engineer. The method used for determining per acre cost shall be determined by the City Manager.
      3.   Cost of construction. The cost of construction of a line extension shall include the actual materials and installation costs of piping, valves, and other appurtenances, and the engineering costs for preparation of plans and specifications and costs of inspection and staking. The cost of water service connections shall not be included in the cost of construction of the water line extension for reimbursement purposes.
      4.   Payment by applicant for service connection.
         a.   An applicant for a service connection to a line which is subject to a reimbursement agreement shall pay the appropriate reimbursement charge(s). The charge(s) shall be in addition to all other applicable charges provided by these regulations, including charges for distribution system development charges, service connections, capacity charges, and fees for meter installation.
         b.   A corner property meeting the provisions of division C.2. above is exempt from payment of a reimbursement charge for connection to a line extension on the property's "other" exterior frontage when the purpose is for looping the distribution system. Applicants shall pay the distribution line reimbursement charge prior to constructing their connection to the line extension. This charge will be in addition to all other applicable charges provided by these regulations, including charges for service connections, capacity charges, and meter installations.
      5.   Maximum amount of reimbursement. The maximum amount of any reimbursement shall be identified in the agreement but shall in no case exceed 100% of the total certified construction cost of the extension plus accumulated interest. Interest to be compounded yearly and calculated based on the interest rate of U.S. government treasury bills dated January 1 of each year following the date of acceptance of the line extension. The interest rate for the last months of a reimbursement period, if short of a full year, shall be at the interest rate as of January 1 of that year.
      6.   Terms of reimbursement agreement. The reimbursement agreement shall have a maximum term of ten years and shall close at the end of that period whether or not the total amount of reimbursement has been made.
      7.   Agreement compliance. All reimbursement agreements shall comply with the above terms.
(Ord. 175, passed 1-18-1988) Penalty, see Article 1-8