§ 36-365. Procedure for water system installation and maintenance.

(a)

Subdivider to provide necessary water lines. The subdivider shall provide all water lines necessary to properly serve each lot of the subdivision and ensure that existing and/or new water facilities can supply the required demand for domestic use and for fire protection at the desired pressure. The subdivider shall install all mains and shall extend the service to all lots terminating thereon with a curbstop and meter box. The subdivider shall submit a certificate to the city council certifying that the system has been designed in accordance with the requirements of the state health department, the city and rules of the state insurance commission.

(b)

Water mains.

(1)

Piping for water mains and connections shall be cast iron, ductile, asbestos-cement class 100, or PVC AWWA C-900, C-905, either mechanical or single rubber gasket joint. Service piping shall be copper or plastic as approved by the city engineer. All pipe and accessories shall be of new materials only.

(2)

The minimum sizes of lines that shall be used are as follows:

Dwelling Units	Minimum Line Size (in inches)
1	¾
2	1½
3—6	2
7—11	4
12—75	6
more than 75	8

 

(3)

Water mains smaller than six inches shall not be permitted.

(c)

Threading. Threading on fire hydrant outlets shall be suitable for use with city fire protection equipment.

(d)

Valves. At intersections of water distribution lines, the number of valves shall be one less than the number of radiating lines (two valves for tee connection and three for cross connection).

(e)

Oversize mains.

(1)

Size of mains. All water mains shall be installed in accordance with the master water and sewer plan as adopted and amended from time to time by the city. All mains shall be sized to provide adequate service to the tract to be developed. The cost of water mains up to eight inches, or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer.

(2)

Oversize on-site mains. Where it is determined that an on-site main needs to be of a larger size than that required to serve the tract to be developed, the city may require the developer to install such oversized main. For mains up to 16 inches the developer shall be reimbursed the incremental cost difference required for oversizing from the oversize account approved for capital improvement projects, or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.

(3)

Oversize approach mains. Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the city may require the developer to install such oversized main. Subject to review by the planning and zoning commission and approval by the city council, the city may reimburse the developer for the incremental cost difference required for the over sizing of approach mains. Upon council approval, the reimbursement for approach mains will be paid out of the oversize account described in subsection (e)(4) of this section, from funds approved for capital improvement projects, through reimbursement contracts or any combination thereof. The manner of reimbursement shall be solely at the council's discretion. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.

(4)

Oversize account. A special oversize account is hereby established for the purpose of reimbursing developers for the cost of oversizing water mains. The account shall be funded by a fee based on the number of living unit equivalents (LUE fee) to be added to the water system. The LUE fee will be assessed to all developers regardless of whether or not they are required to install an oversized line. In the event a developer is required to install oversized lines, the LUE fee is due prior to acceptance by the council of the utilities for maintenance. In the event a developer is not required to install oversize lines, the LUE fee for that particular plat shall be due prior to official recordation of the plat in the county clerk's office. In the event a plat is not required, the LUE fee is due when application is made for a building permit. Interest income earned from this account shall be added to the account.

(5)

Reimbursement. To be reimbursed, a developer shall present in writing to the planning director, a statement of oversize credit proposed. This statement shall be presented no later than the end of the normal working day, eight days prior to the regular city council meeting, at which time acceptance of the respective oversize line is considered. The reimbursement for the cost of over sizing will be paid from available funds within ten days after the utilities are accepted by the city for maintenance and developers shall be reimbursed according to the order in which the utility lines are so accepted. In the event that sufficient funds are not available, interest will accrue at a rate established by the council. In the event two or more utility systems are accepted at the same council meeting, the respective developers shall share proportionally in the available funds. Provided, however, that no reimbursement shall be paid to any developer who is delinquent in the payment to the city of any fees or taxes.

(6)

Oversize credit. In the event that there are sufficient funds in the oversize account to meet all previous commitments, a developer may be entitled to a credit against the living unit equivalent (LUE) fee. Provided, however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the LUE fee by an amount equal to the reimbursement to which he will be entitled upon utility acceptance. In the event that the utility system has not been completed and accepted by the city within three years from the date of plat approval, the LUE fee shall be immediately due and payable.

(7)

Determining LUE fee, reimbursement rate and interest rate. Each February, or more frequently if necessary, the city council shall review and approve the LUE fee, a fixed rate of reimbursement per inch of diameter per linear foot of oversized mains installed, and the rate of interest to be paid. The fees, reimbursement rate and interest rates are on file in the city secretary's office.

(8)

Agreements by city to construct water mains. Subject to direct authorization and approval of the city council, the city may enter into an agreement whereby the city will construct water mains required for proposed development if the council determines that the following conditions have been met:

a.

The water main as proposed is in accordance with the master water and sewer plan;

b.

One or more of the landowners who will benefit from the water main agree to share the cost of the construction by paying in advance their projected LUE fees as estimated by the city engineer; and

c.

The city has adequate funds available either from funds approved for capital improvement projects or from other sources.

Any such advanced payments shall not be deposited in the oversize account, but shall be deposited in a special fund set aside for the construction of the specific main in question. The advanced payments shall be based on the projected number tract as determined by the city engineer from information supplied by the landowner. At the time a plat is approved for a tract for which advance payments have been made, the developer shall be entitled to a credit for each LUE fee previously paid. If at plat approval time the number of actual LUE fee's exceeds the number as previously estimated, the landowners will either be denied a certificate of serviceability or be required to pay additional LUE fees at the then current rate. In the event that the number of LUEs is less than the number previously estimated, the landowner shall not be entitled to a refund.

(Code 1990, ch. 8, § 6(J))