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A. Petition: Any person or persons, including any subdivider, who desires to have the water mains extended within the city, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, as hereinafter provided, may make application to the governing body by petition. The petition shall contain a description of such proposed extension, together with an offer to advance the whole expense thereof, which cost shall be verified by the utilities superintendent. The governing body may grant or deny the petition as in its discretion deems best for the welfare of existing water users in the city. (1989 Code § 14-143; amd. 2007 Code)
B. Cost Of Extensions Determined: Upon the receipt of such petition and map, and before the petition is granted, the governing body shall obtain from the utilities superintendent a certified statement showing the whole cost and expense of making such extension. (1989 Code § 14-144; amd. 2007 Code)
C. Amount Deposited: If the governing body grants the petition, the amount of the cost of making the extension, as certified by the utilities superintendent, shall be deposited with the city recorder before any work shall be done on such extension. The deposit shall be made within thirty (30) days, or such other time as the governing body shall indicate, after the granting thereof. (1989 Code § 14-145; amd. 2007 Code)
D. Return Of Any Money; Forfeiture:
1. At the time the governing body decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
2. In the event any deposit remains unclaimed for a period of five (5) years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund. (1989 Code § 14-146)
E. Ownership Of Extension: Any such extension shall be deemed the property of the city. (1989 Code § 14-147)