§ 4.04.040. New facility installation other than service connection.

1.

Application for Water Service. Every Developer shall file a written application for water service on a form furnished by the District.

2.

Installation of Off-Site Water Facilities. Whenever the General Manger determines that new Off-Site Water Service Facilities must be installed in order to transport water to a parcel of land or the subdivision of a parcel of land, the Developer shall be responsible for construction, or having constructed, such Off-Site Water Service Facilities as deemed necessary. Off-Site Water Service Facilities shall only be constructed following District approval of plans submitted by the Developer in an approved format as required by the Engineering Department.

3.

Developer Responsibilities for On-Site Water Facilities. The Developer shall be responsible for construction, or having constructed, such onsite water service facilities as are required by the District. On-Site Water Service Facilities shall only be constructed following District approval of plans submitted by Developer in a format as required by the Engineering Department. Under no circumstances will such construction take place unless streets are well defined, both in plan and elevation. The water mains and service connections shall be installed following the construction of curb and gutter or as otherwise determined by the General Manager.

The Developer shall be required to pay a "Water System Capacity Fee" based on the size of the meter(s) supplying their development as defined by the Water System Capacity Fee Table in Exhibit "A" (Chapter 4.08).

The Developer shall be responsible for relocating any existing water service facilities that are found to be in conflict with the design of the proposed development. Relocation of water service facilities shall only be contingent upon the District approval of the plans, which are to be submitted by Developer in a format as required by the Engineering Department. Under no circumstances will such relocation take place unless streets are well defined, both in plan and elevation. The water mains and service connections shall be installed following the construction of curbs and gutters unless otherwise granted in writing by the Engineering Department.

The Developer is responsible for the abandonment of any existing facilities that, through the plan checking process, are deemed unnecessary or inadequate for usage by the new construction. Any abandonment will be done in accordance with the approved plans in conjunction with the construction of the new facilities or in a manner as directed by the District inspector. At all times the contractor will coordinate all work with the District to minimize waterline shut downs.

Street sub-grade must be established and well defined in new subdivisions before the water mains and services are installed. If, recently installed mains and services are required to be removed, relocated or adjusted to grade as a result of changes requested by the developer or, because of incorrect survey information as to the grade of curbs and street, location of property lines or other utilities etc., all expenses incurred by making said changes shall be borne by the Developer. For newly surfaced streets, all trench restoration and resurfacing charges shall be paid by the Developer.

4.

Off-Site Water Facilities. At the request of the Developer, and pursuant to the eligibility requirements set forth in the applicable rules and regulations, the District will enter into a ten-year Refund Agreement for qualifying Off-Site Water Service Facilities, wherein the District shall agree to collect from all new connections, and refund to the Developer, the proportional costs of the Off-Site Water Service Facilities listed in the approved refund agreement. Such refunds shall not include interest, permit or development fees, or facilities specifically required for a Developer's development.

The amount to be refunded, with respect to any new connections to such facilities, will be from the proceeds of the applicable fee or charge which is imposed and collected from the property owners/applicants who apply for service to be provided from the subject Off-Site Water Service Facilities, as established in the agreement, served by the installation of said off-site water service facilities. Said sums will be payable with respect to the connections made to the offsite water service facilities in the preceding twelve (12) months. The District may waive the above provisions and enter into different contractual arrangements with Developers only by action of the Board of Directors.

When the District requires over-sizing of pipelines larger than eight-inches, and the increased size is not required to meet the needs of the particular development which has applied for service, the District will reimburse the Developer, through an established reimbursement agreement as set forth herein for the additional costs incurred to increase the line size. The Developer shall provide comparable cost estimates for the facilities that are required to be installed as a basis in determining the costs to be reimbursed pursuant to the applicable reimbursement agreement.

5.

Refund Agreements. Refund Agreements may be assigned, or transferred, providing such assignments, or transfers, are accomplished in a manner approved by the District and upon proper notice to the District as to the successors and assigns. In the event such approval and/or notice are not provided and refunds become available under a refund agreement, any heir, successor or assign of the Developer shall be required to claim refunds within sixty (60) days after the same become due and payable under the refund agreement in order to be eligible to receive said payment. If the original Developer is a partnership or corporation, the District shall pay any refunds to the successor in title to the assets of such partnership or corporation, provided due proof is made of the right to receive the same, and claim therefore is made within sixty (60) days after the same becomes due. If claims by successors in interest of a Developer are not made within the prescribed time, the right to refund shall terminate.

6.

Easements. No water main shall be installed in any street or other location not formally dedicated for public use, except by consent of the property owner and the District. Such consent shall be prepared by the developer, reviewed and approved by the District, in an approved easement deed format prepared by the District, and recorded in favor of the District.

7.

Title of Water Facilities. Title to all Off-Site Water Service Facilities, whether installed by the District or a Developer, shall be vested in the District upon completion of all work, testing, chlorination, inspection and acceptance for use.

8.

Automatic Fire Sprinklers. When an Automatic Fire Sprinkler Service Connection is installed, the control valve thereon will be left closed and sealed until a request to turn on the water is received from the customer. After the water is turned on, the District shall not be liable for damages of any kind, whatsoever, that may occur on or to the premises served by reason of the installation, maintenance, or use of such service connections, or because of fluctuation of pressure, or interruption of water supply. The District shall bill the customer a monthly standby fire service charge as set forth in Exhibit "A" (Chapter 4.08) herein.

Water is not to be used through an Automatic Fire Sprinkler Service Connection for any purpose other than the extinguishing of fires, or a related purpose. The District reserves the right to discontinue service to the premises through such service connections if water is being used for other than the intended purpose.

The District shall require the customer's contractor to install on all new Automatic Fire Sprinkler Service Connections, a double check valve detector assembly (D.C.D.A.) or a reduced pressure detector assembly (R.P.D.A.) of a type approved by the National Board of Fire Underwriters and the Foundation for Cross-Connection Control and Hydraulic Research, and may require said valve to be equipped with a by-pass meter.

(Ord. No. 30-H, § 4, 8-27-2013; Ord. No. 2019-4-4 , § 3, 4-23-2019)