Section 27-71 Extension of distribution water mains, generally.

    (a) The extension of distribution water mains may be initiated and made in one of the following ways:

    (1)    The city council may, by ordinance, declare the necessity for and direct the extension of water mains as a public improvement, as provided for in chapter 22 of this Code.

    (2)    Any individual, group of individuals, corporation, association, institution, club or other parties desiring to become customers and to purchase water from the department, may upon approval of proper application and as otherwise herein provided, extend the city's water mains, provided all such extensions shall be wholly within the corporate city limits.

    (b) All applications for permission to make such extension shall be submitted in writing to the director of the water and light department, who shall approve or disapprove such application. The application shall clearly indicate the desired route and approximate length of the extension and that the applicant agrees to the following:

    (1)    To construct the entire extension from the end of the existing water main to and across the entire frontage or other dimension of the lot or tract to be served, except as otherwise herein provided. Such extension shall be of pipe size, as determined by the director, which will provide adequate fire protection and service to the area, but in no case shall the pipe size be less than six (6) inches. Should the department require a pipe size larger than that required to provide adequate fire protection and service to the area, then the department shall pay for the difference in cost of such larger size.

    (2)    To size, locate and construct the extension in accordance with the regulations, specifications and requirements of the department, and under the inspection and direction of the director.
    (3)    Upon completion, and after passing final inspection and tests, to transfer ownership of the complete water main extension to the city in consideration of its perpetual upkeep and maintenance. The department shall not be required to provide service or to perform maintenance on such water main extension until after the transfer of ownership has been completed.

    (4)    To assume the cost of the entire extension.

    (5)    Applicant property owners requesting permission to extend water mains for the purpose of supplying one inch or smaller water service for a homestead, farmstead or recreational property zoned R-1 or A-1 shall:

        a.    Pay for the extension of the main to his property line; and

        b.    Pay for the extension of the main across the frontage or other abutting dimension of his tract, unless the frontage or other abutting dimension exceeds two hundred (200) feet, in which case the property owner shall bear the costs of extending the main to a point adjacent to where service is required but in no event less than one hundred (100) feet.

    (6)    In the event that an applicant property owner does not extend the main across the full lot frontage or above abutting dimension under the provisions of subsection (b)(5) herein, all holders of an interest in the property shall enter into a written agreement in a form approved by the city counselor, prior to such extension, obligating such owners to pay the balance of the cost of extension at such time as such extension is required by residential or commercial development of the tract or at the date future water services are requested for the subject tract.

    (c) When the city council by ordinance directs the extension of water mains as a public improvement to be paid for by special tax bills issued to adjoining properties, lots, or tracts served by water mains that do not extend entirely across the frontage or other dimensions of such property, such property shall be assessed the cost of the extension across the remaining footage, at the time of such extension; provided, that if an owner of the property in question has previously paid for extension of a water main to provide water service to such property, the water main footage for which payment was previously made shall be taken into account in determining the amount of the assessment as follows:

Foot frontage of property minus water main footage for which payment was previously made equals footage to be assessed.

The terms and conditions for the sale of water outside the city limits shall be as established and approved by the council.

(Code 1964, § 15.340)