(a) Every person or developer applying for a tap of any water main which has been constructed under the terms of this Chapter shall pay for the requested taps at the following rates:
(1) Where a water main is located on a municipal street or county road and is immediately adjacent and is accessible to separate platted tracts, the pro rated charge shall be sixty percent of the average actual per-foot cost of such main.
(2) Where a water main is located on a state or federal highway and is immediately adjacent and is accessible to separate platted tracts, the pro- rated charge shall be one hundred percent of the actual per-foot cost of such main.
(3) Where a water main is located in a proper easement across an owner's property and where such easement is not immediately adjacent to a street or is not in any other way directly accessible to any separately owned tract, the pro-rated charge shall be one hundred percent of the average current per-foot cost of such main.
(b) All pro-rated charges provided in this chapter shall be charged on a per-front-foot basis. As such, the pro-rated charge to be assessed for water service taps under the terms of this chapter shall be determined by multiplying the average actual per-foot cost of the original construction of the affected water main, by the front footage of the property receiving said water service tap; and applying the requirements of Section 933.04(a) above.
(c) The pro-rated charges provided in this section shall be in addition to the usual tapping fee and to any other charges required by the Municipality.
(d) The intent and purpose of this Chapter is to provide an equitable charge for water connections as a proportionate distribution of the cost of water main extensions to serve property within jurisdiction of the Municipality including contracted service areas. In cases where property or a tract of land is so situated or shaped that the above front-foot charge creates an inequitable basis compared to other tracts of land of similar overall size and scope, Council, with a recommendation from the Municipal Staff, Municipal Engineer, and/or Public Works Committee, shall determine the proper charge in accordance with the intent and purpose of this Chapter, and such determined charge may be lesser or greater than that by the front-foot basis. No person shall acquire any vested right under the terms and provisions of this Chapter, nor shall the Municipality incur or assume any liability or obligation to expend or encumber tax or utility funds. No utility funds shall be spent or encumbered unless funds are available for such purpose, as determined by the Council.
(e) The pro-rated charges as established herein shall be determined and established separately by the Municipal Administrator for each water main extension as requested, in writing, by the developer constructing and paying for said water main extension. The developer shall provide whatever information is deemed necessary to appropriately document the total cost of said water main extension.
(f) The actual pro-rated charge to be assessed future water service taps shall be determined by:
(1) Determining the total, actual construction costs of the affected water main;
(2) Dividing by the actual length of feet of water main extended, as defined herein, to establish the per-foot cost of said extension;
(3) Multiplying by the number of front-feet of the lot or property requesting said water service tap by the established per-foot cost; and,
(Ord. 9-96. Passed 6-10-96.)