§ 38-61. Extension of service

(a) Developers desiring retail utility service from the city shall comply with the city's subdivision regulations to obtain retail utility service from the city for the development and to extend the city's utility system to the development.

(b) Upon meeting the requirements of section 38-59, signing a utility improvement agreement, and paying all applicable fees and charges due under this chapter, the city, at the expense of the applicant, may extend all necessary utility facilities to the property plus the distance across the entire frontage necessary to provide the service upon the premises for which the application has been made.

(1) Prior to construction, the applicant shall pay the estimated cost to extend and inspect the utility facilities. If the actual cost to extend and inspect the utility mains and facilities is greater than the estimated costs, the applicant shall pay the city the difference between the actual and estimated costs upon completion of the extension project. If the estimated cost to extend and inspect the utility mains or facilities is greater than the actual cost, the city shall reimburse the applicant the difference between the actual and estimated costs upon completion of the extension project.

(2) If the city and the developer execute a pro rata reimbursement agreement, the owners of all intervening property served by such extension shall be required to pay the pro rata charges, as set out in the pro rata reimbursement agreement, at such time as their property is connected to the city's utility system.

(c) Upon approval of the city, the developer, property owner or person requesting extension of utility facilities or mains to his property may extend the facilities or mains by a competent and reputable contractor. In this case, the facilities shall be consistent with the city's comprehensive plan and utility infrastructure master plans and comply with city standards and specifications. Detailed construction plans for the improvements complying with the city's construction standards and specifications for public works construction shall be drawn by a registered professional engineer and approved by the city manager prior to any construction. Upon payment of the required construction investigation fee, the construction of the utility facilities shall be inspected by the city. The city manager shall not accept as city facilities any utility facilities that have not been inspected and approved by the city's inspector. Developers subdividing property shall also comply with chapter 32, subdivisions.

(d) The sizes and type of the facilities proposed to be extended shall be determined by the city and shall be in conformance with city's subdivision regulations, any comprehensive plan and utility infrastructure master plans, and the city's standards and specifications. This provision applies to all applicants regardless whether they subdivide their property or not.

(e) Unless otherwise specified in an agreement between the applicant and the city, the total costs of extending the utility facilities to and across the applicant's property shall be borne solely by the applicant, with the following exceptions:

(1) Upon approval and acceptance of the system by the city, the city may elect to participate in the cost to oversize the facilities.

(2) The city may also pay to the applicant by agreement pro rata charges as received from subsequent applicants who desire to connect to the facilities, with the total payment not to exceed the amount of the original applicant's cost of off-site improvements, less the applicant's pro rata share. The pro rata agreement shall describe when and how payments of the collected pro rata charges are dispersed to the applicant. The maximum period of time for the pro rata reimbursement to the applicant for the off-site mains shall not exceed ten years. The applicant shall have no claim against the city for any expenses not reimbursed and any pro rata charges not received within ten years, nor any fees received after ten years.

(f) In the event the city and an applicant execute a pro rata reimbursement agreement, pro rata charges shall be collected at the time of application for utility service.

(g) In the event that it is determined that the installation of equipment or appurtenances that are necessary to provide the requested utility service such as pump and storage facilities is required in the area between the existing utility facilities and the perimeter of the subdivision or property for which the utility service request has been made, the city council shall, taking all circumstances into consideration, determine who shall bear the cost of such necessary equipment and appurtenances, and in what proportion each party shall be liable.

(h) In no event will the city be required to make extensions to or to connect individuals, nondevelopers, or developers to the utility system if there is no capacity in the utility plant to provide the service. The city may enter into a utility improvement agreement with an applicant for the expansion of the utility plant.

(i) In no event will the city be required to make extensions to or participate in the cost of improvements under the provisions of this chapter if there are no funds available, or if, at the discretion of the city, the extension or improvement is not practical, or otherwise warranted, or is for an unreasonable consumer use.

(j) All utility facilities are owned and operated by the city. Any extensions of the city's utility facilities made by an applicant or developer, pursuant to a utility improvement agreement, after inspection and acceptance by the city, shall be owned by the city.

(k) Where recorded public utility easements in favor of the city do not exist on the property of an individual, nondeveloper, or developer who is requesting utility service from the city, the individual, nondeveloper, or developer shall grant to the city a permanent recorded public utility easement for poles, wires, conduits, drainage channels, storm sewers, sanitary sewer utilities, water lines, gas lines, or other utilities to the city. If the applicant is required to extend service, the applicant shall obtain all necessary public utility easements in favor of and dedicated to the city for the location of all off-site facilities required to provide service to the applicant. The easements shall be at least ten feet wide; however, if the city determines a greater width is necessary, the city may require a maximum width of up to 30 feet. For developers subject to chapter 32, subdivisions, the easements required by this chapter shall comply with chapter 32, subdivisions. For individuals, nondevelopers, and developers not subject to chapter 32, subdivisions, the easements required by this chapter shall extend along all roadway frontages of the property and shall parallel as closely as possible the street line frontage. Failure to grant the required easements shall result in the denial of service.

(l) The city manager may require a person requesting service to obtain more than one service connection and meter if the service address has more than one building or structure that will be connected to the system and the buildings or structures are separately metered for water service.

(Ord. No. 592, art. IV, § 4, 10-23-2012)