Chapter 13.08 WATER SERVICE SYSTEM
Section 13.08.190 Extensions of service--Conditions required--Refund of deposit.
13.08.190 Extensions of serviceConditions requiredRefund of deposit.
A. Transmission Main Extensions.
1. The municipal water utility, upon
written request for service by a prospective customer or a
developer, shall make, free of charge, the water transmission main extensions that are necessary to
provide for the requested service when the total revenue estimated to be received by the municipal
water utility for water services resulting directly from such transmission main extension for a
period of four years is equal to or greater than the cost of furnishing and installing such water
transmission main extension.
2. If the municipal water utility receives
a written request for service by a prospective
customer or a developer, and the cost of the transmission main extension necessary to give service
to the area is greater than the total revenue estimated to be received by the municipal water utility
for water service resulting directly from such transmission main extension for a period of four
years, then:
The municipal water utility shall make the extension if the
difference between the cost and
estimated total revenue, as defined in subsection (A) (2) of this section, is paid as a deposit to the
municipal water utility prior to the signing of a construction contract. Subsequent assessments
received by the municipal water utility within ten years from date of construction contract or date
of check for total amount, whichever comes first, which are based on footage abutting the
transmission main, shall be refunded to the depositors no later than the end of the calendar year in
which such assessments are received; except, that in no event shall the total amount refunded by
the municipal water utility exceed one hundred percent of the original deposit.
B. Distribution Main Extensions.
1. The municipal water utility upon written
request for service by a prospective customer shall
make water distribution main extensions necessary to provide service; provided, that:
a. The transmission main required to
support the distribution main is either in existence or
under construction in accordance with the provisions of subsection (A) of this section.
b. The assessment charge is paid in accordance
with Section 13.12.030.
2. The municipal water utility, upon
written request for service by a developer shall make
water distribution main extensions necessary to provide service; provided, that the developer pays
the municipal water utility prior to commencement of construction, as a deposit, the cost of such
extensions. Such deposit shall be refunded to such developer, without interest, in the manner
provided in subsection C of this section.
C. Refund of Customer's Deposit of Assessment
Charge to Owner or Developer. The
assessment charge required to be paid to the municipal water utility by each applicant requesting
connection to such distribution main in such land development area, as described in Section
13.12.030, shall be refunded to the owner or developer who shall have paid as a deposit the cost of
making such water distribution main extensions; except, that in no event shall the total amount
refunded by the municipal water utility exceed one hundred percent of the total deposit, such refund
to be made by the municipal water utility at the close of the calendar year in which such applicant
shall have paid such assessment charge in full. Such payment shall be considered a part of the
refund of the deposit therefor made by the owner or developer of the cost of such distribution main
extensions. All rights to such refunds shall terminate ten years after such final deposit has been
made. (Prior code § 33-29)