Chapter 15.72
EXTENSIONS – ADDITIONS

Sections:

15.72.010    Purpose.

15.72.020    General intent.

15.72.030    Definitions.

15.72.040    Revenues.

15.72.050    Specifications for improvement.

15.72.060    Burden of replacement cost within and without the city – Delayed benefit charge.

15.72.070    Cost of initial connection to existing standard main – Delayed benefit charge.

15.72.080    Extensions.

15.72.090    Cost of new installations within city limits.

15.72.100    Installation of service through undeveloped area within city limits – Delayed benefit charge.

15.72.110    Payment of delayed benefit charge.

15.72.120    Installation and service beyond city limits – Application.

15.72.130    Installation and service beyond city limits – Costs.

15.72.010 Purpose.

To insure the orderly growth of the water system of the city, and to avoid the errors and inequalities produced by treating each new addition and replacement to the system as a separate problem without relation to the whole, the city council has deemed it necessary and advisable to adopt a uniform policy for the guidance of those employees of the city entrusted with the operation of said system, for future city councils and for other interested parties, and to that end this chapter has been prepared. (Ord. 866 § 1, 1956).

15.72.020 General intent.

It is the express intent of the city council that the water utility shall be a self-supporting utility operated without drawing upon the general funds of the city. It is the aim of the council by this chapter to provide that:

(1) The total annual revenue of the water utility shall be such as to provide the necessary funds to insure success of the principle of self support;

(2) The cost of installation of that portion of the utility which specially benefits the real property in the area served shall be assessed against such property on a proportionate basis;

(3) The cost of installation of that portion of the utility which does not specially benefit the real property in the area served but which benefits the community as a whole shall be borne by the revenues of the utility;

(4) The cost of installation and expansion of the capital improvements of the utility, such as filter plants, reservoirs, and similar items, other than mains as hereinafter provided, shall be borne by the revenues of the utility;

(5) The total annual revenues of the utility shall be contributed by users and nonusers for whose use, need and benefit the facilities of the utility are provided approximately in proportion to the cost of providing the use and benefits of said utility. (Ord. 866 § 2, 1956).

15.72.030 Definitions.

Whenever the following terms are used in this chapter they shall be construed to mean as follows:

(1) “Standard commercial water mains” means water mains constructed of cast iron, or equivalent eight inches in diameter;

(2) “Standard construction costs” means the cost of the pipe for either the standard residential water mains or standard commercial water mains, whichever is to be installed, plus the total cost of all tees and junctions and the total cost of all installation and incidental work necessary to place the water pipe in service regardless of its size, excepting however, the cost of fire hydrants and extensions thereto which shall be paid out of the revenues of the water utility;

(3) “Standard residential water mains” means water mains constructed of cast iron, or equivalent, six inches in diameter. (Ord. 866 § 5, 1956).

15.72.040 Revenues.

The rates to be charged for water service shall be fixed from time to time by resolution of the city council, and shall be adequate to provide for ordinary maintenance, bond redemption and operation costs of the system, and for:

(1) A replacement reserve to be used to replace the present system, or parts thereof, as the same become worn out or obsolete;

(2) A betterment reserve to provide for extensions and additions to the system not otherwise provided for in this chapter. (Ord. 1891 § 7, 1978; Ord. 866 § 3, 1956).

15.72.050 Specifications for improvement.

All specifications for extensions, expansions, additions, betterments and replacements to the existing water utility system shall be determined by the manager subject to the following limitations: No water main shall be installed which is less than six inches in diameter, except where the installation involves only a stub street less than 300 feet long and where said main will not be extended due to the topography of the land. (Ord. 1891 § 8, 1978; Ord. 866 § 4, 1956).

15.72.060 Burden of replacement cost within and without the city – Delayed benefit charge.

Whenever any main for water utility service, now or hereafter installed, requires replacement due to obsolescence, inadequacy, or deterioration the cost of such replacement shall be paid for out of the revenues of the water utility; provided however, any property abutting on any such main which has never been connected therewith or which has not previously been assessed or has not previously contributed to the standard construction costs of such main, shall pay a delayed benefit charge at the time of connection to the utility which charge shall be said abutting property’s proportionate share of the standard construction costs of such main based on the front foot method of assessment; provided further, if such property has, prior to the effective date of the ordinance codified in this chapter, been connected to the water utility and has been paying the established water rates, such property shall be exempt from the provisions of this section. Such delayed benefit charge shall be in addition to any and all connection charges and other charges required to be paid for such services by any ordinances of the city; provided, however, the payment of any such delayed benefit charge shall exempt the property for which such payment was made from any subsequent local improvement district assessment for water facilities of any nature. (Ord. 866 § 6, 1956).

15.72.070 Cost of initial connection to existing standard main – Delayed benefit charge.

When any property abutting on a standard commercial water main or standard residential water main, as above defined, has not previously been assessed or has not previously contributed to the standard construction cost of said main, such property shall, at the time of connection to the utility, pay a delayed benefit charge which charge shall be said abutting property’s proportionate cost of the standard construction cost of such main based on the front foot method of assessment. Such delayed benefit charge shall be in addition to any and all connection charges and other charges required to be paid for such services by any ordinances of the city; provided however, the payment of any such delayed benefit charge shall exempt the property for which such payment was made from any subsequent local improvement district assessment for water facilities of any nature. (Ord. 866 § 7, 1956).

15.72.080 Extensions.

All extensions of mains required to serve new consumers shall be laid at the expense of such consumers or the property benefited. In all cases the size of the main will be determined by the manager of the water department. Such extensions shall be installed and the cost thereof provided for in any manner satisfactory to the water department as permitted by law. (Ord. 426 § 35, 1943).

15.72.090 Cost of new installations within city limits.

Whenever any area or areas within the city which are not now served by said utility requests such service, the person or persons making such request shall provide for the payment of the standard construction costs by means of local improvement districts in the manner provided by law or by direct installation under the specifications and supervision of the water manager of the city. In the event the city shall require the installation of mains in excess of those heretofore defined as standard, the actual additional cost of the main in excess only, to-wit, in excess of said standard size, shall be paid for out of the revenues of the utility. (Ord. 866 § 8, 1956).

15.72.100 Installation of service through undeveloped area within city limits – Delayed benefit charge.

Whenever the services of said utility are required to be extended through an undeveloped area within the city, in order to provide such service to a newly developed area and where in the opinion of the city council, it is not feasible to finance the improvement by the formation of a local improvement district in the manner provided by law to pay the standard construction costs as above defined, the property in said undeveloped area directly abutting on such utility extension shall be subject to a delayed benefit charge, which shall be paid by the owner or owners of the said abutting property within said undeveloped area at the time they request such services and prior to their receiving the same. The amount of such delayed benefit charge shall be said property’s proportionate share of the standard construction costs based on the front foot method of assessment as determined from the books and records of the utility which paid for the total original cost of such installation. Such delayed benefit charge shall be in addition to any and all connection charges provided for such service by ordinances of the city; provided, however, the payment of any such delayed benefit charge shall exempt the property for which such payment was made from any subsequent local improvement district assessment for water facilities of any nature. (Ord. 866 § 9, 1956).

15.72.110 Payment of delayed benefit charge.

Whenever provision is made throughout this chapter for the payment by any property owner of a delayed benefit charge such delayed benefit charge may be paid in cash or in annual installments over a five-year period from date of connection. If any such property owner elects to make payments on said annual basis, he shall execute a contract in such form as shall be prescribed by the city council, which contract shall contain the provision that any unpaid balance may be paid in full on the date of any annual payment and the further provision that interest shall be paid on the deferred balances at the rate of five percent per year. Such contracts shall be made a covenant running with the land and shall provide that the unpaid balances shall be a lien upon the property to which such connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district liens. The contract shall be recorded in the office of the county auditor at the expense of the property owner and upon payment in full a release of the said lien shall be executed by the city by the mayor and attested by the city clerk. Such contract shall further provide that in the event of delinquency in the payment of any installment thereunder the water manager, or his employees, may disconnect the city’s water service from and refuse to supply water for the premises in default until said delinquent payments are paid in full, this remedy to be concurrent with and in addition to the city right to foreclose said lien as herein provided. (Ord. 866 § 10, 1956).

15.72.120 Installation and service beyond city limits – Application.

Any person desiring the installation of a water service connection to supply property beyond the city limits shall make written application to the water department. No such application will be granted until the applicant has secured from the local United States post office, or other proper authority, a house number for the property to be served and has affixed such house number in a conspicuous place on the property and has set forth such number in the application for water service. (Ord. 1183 § 1, 1964; Ord. 426 § 25, 1943).

15.72.130 Installation and service beyond city limits – Costs.

Whenever water service is requested by any person or persons residing outside the city limits, the following provisions shall apply:

(1) All rates for water furnished outside the limits of the city shall be uniform;

(2) Any person desiring water service outside the city limits shall pay the applicable connection charge as established by ordinance or resolution;

(3) Any person developing property outside the city limits and desiring city water service shall pay the total cost of all mains to be installed within the area being developed, including all costs of installation. No water main shall be installed which is less than six inches in diameter, except as approved by the manager, and subject to the limitations provided in LMC 15.72.050. (Ord. 1891 § 9, 1978; Ord. 866 § 11, 1956).