A. Water main construction by developer. Water mains to be constructed by a developer or his or her contractor shall be constructed in accordance with the following provisions.
1. Plat approval. In the case of subdivisions, the application shall be accompanied by two copies of a recorded plat, or, in the case of a new subdivision, an approved tentative plat, or preferably a master tentative plat or a large scale development plan plus a plan showing location of proposed water main extensions.
2. Other governmental approval. Prior to final acceptance, all the water main extensions shall be approved by the appropriate state agencies and the County Department of Public Health.
3. Materials and construction standards. All materials and labor shall meet the specifications currently required by the city. In order to provide adequate distribution and fire protection service, the normal minimum size for a water main extension shall be eight inches. All construction shall be performed under the inspection of the city and in strict compliance with the standards of the city and/or the county public works manuals, whichever is applicable. All lines being connected to city mains must meet city minimum specifications and standards, regardless of whether the lines are inside the city limits or not.
4. Costs. The developer will pay all connection charges and construction costs prior to connecting to the city system unless otherwise to the proposed development from the nearest adequately-sized city's water mains. Connection charges are defined in § 12-6-10.
5. Oversizing. The city reserves the right to oversize any extension and will pay for the oversizing on the basis of additional costs beyond that necessary to serve only the subject development. The city will pay an established unit amount based upon the pipe size of a facility multiplied by the length of that facility. The established unit amount will be determined by the city based on the flow requirements of the developer and the city's study of current construction costs. The city will credit the developer for the cost of the city's share of oversized water mains and this credit will be in the form of a reduction of the connection charge or a cash payment if the connection charge is more than offset. The city also reserves the right to limit the amount of its participation in the cost of oversizing, depending on current economic conditions or other factors. The rates of credit related to the difference in diameter between the pipe required for the developer's project and the pipe required by the city to be installed is $1.35 per inch diameter per linear foot for pipe sizes greater than eight inches.
6. Construction permit. A permit for construction must be obtained by the developer from the appropriate governmental agency.
7. Repayment policy. In those cases where a developer does not utilize all of the capacity of a water main extension he or she has paid for and which has not been oversized, others may connect into it. The city will make every effort to collect applicable construction connection charges from those others and make repayments to the developer but shall only be liable for moneys collected. The rate utilized in computing the construction connection charge is $6 per front foot of the connecting property, measured along the route of the water main constructed by the developer. The period of the repayment is limited to eight years from the date of the initial execution of the developer agreement with the city. A developer shall not be repaid sums in excess of his or her original investment, less his or her use, in the water main extension. The repayments shall only be made during an eight-year period commencing with the date of an executed agreement between the developer and the city for water services.
B. Public easement required. No water main facility will be installed under the provisions outlined herein and accepted by the city for operation and maintenance unless it is in a public right-of-way or easement with a minimum width of 12 feet. Conveyance of all easements shall be by a separate document in recordable form to be approved by the city and shall be accompanied by a written certification by an attorney licensed to practice law in the state that the developer is the owner in fee simple of the property to be conveyed by the easements and that, upon its execution by the developer, a valid and enforceable easement in the developer's property will be vested in the city. No water main facilities to be owned and operated by the city shall be installed under any building or appurtenance thereto.
C. Conveyance and ownership. All water main facilities and appurtenances to be owned by the city shall be conveyed to the city by proper bill of sale immediately after the city acceptance, in writing, of the construction of the facilities. The developer shall also provide copies of paid bills and/or lien waivers, releases of satisfactions together with a breakdown of the actual cost of the facilities. Concurrently with the documents required above, the developer shall furnish the city with one set of as-built Mylar drawings showing specific locations, depths, elevations based upon city elevation datum, and the like, of all water main facilities and appurtenances. When accepted and properly conveyed to the city for ownership, person shall by the payment of any charges provided for herein, or by causing any construction of facilities accepted by the city acquire any interest or right in any of these facilities, or any portion thereof, other than the privilege to have this property connected thereto for water service in accordance with these procedures and regulations.
D. Approvals. No water main extension will be accepted by the city without the approvals of the city, the appropriate state agencies, and the County Department of Public Health.
E. Unauthorized work on water system. No person shall tamper with, or in any way alter or damage, any city water main or appurtenance thereto without written permission of the city. The offending person shall pay the total cost of all charges attributable to the tampering and be subject to all penalties as may be provided by law.
(Ord. 175, passed 1-18-1988) Penalty, see Article 1-8