TITLE III WATER SYSTEM REGULATIONS

CHAPTER 3.17 WATER SYSTEM EXTENSIONS AND RELOCATIONS

Sections:

3.17.010  EXTENSIONS

3.17.011  Main Extensions
The installation of a water line(s) connecting to existing District facilities shall be known as Main Extensions.

3.17.012  Application
Owners of property desiring the District to provide water service to their lot, parcel, subdivision or other land designation within the District which is not presently fronting a District water main shall make written application for a main extension to serve their property. The application shall contain the legal description of the property requiring water service and must be accompanied by three (3) copies of a map depicting the property to be served.

3.17.020  To Serve New Consumers Without Direct Access.
Extension of the District's water distribution system including, without limitation, mains, storage tanks, pumps and pumping stations, fire hydrants and appurtenances, shall be constructed to serve new consumers whose lands do not have direct access to or do not abut a street or easement containing an adequate distribution main with adequate storage facilities. Property with direct access to a street or easement containing an adequate distribution main, but which does not have a major frontage on the street or easement (flag lot or land locked property with access), will be served at such street frontage or easement provided that such property and adjacent properties cannot be further subdivided or developed.

3.17.030  Interconnection Between Mains.
If the Board of Directors finds that an interconnection between two of its water mains will benefit the District, it may, in at its sole discretion, construct said interconnection without entering into a main extension agreement and without all or a portion of the costs thereof being advanced by an applicant for water service as provided by these regulations.

3.17.040  Size and Design.
All extensions of the District's water distribution system shall be designed by a Registered Civil Engineer in accordance with the District's Water Master Plan or under the general direction of the Districts General Manager or Engineer using District plans and specifications. The location, size, type and design of all such extensions shall be sufficient to provide adequate water service to the site. The cost of over-sizing the water main (pipeline only), to meet the Master Plan criteria shall be paid for by the District.

3.17.050  Preliminary Engineering and Planning.
When application has been made in connection with section 3.17.012 and Planning and Engineering is needed before installation can be accomplished, the District will prepare a written estimate and preliminary plan of extension or modification of water service. The applicant shall have his engineer prepare a detailed plan, from the Districts preliminary plan, showing the area of proposed service, the proposed water demand, the name and address of the owner, developer and engineer of the project or development and other project information as may be required by the District. To the extent that they are available, the developer shall supply the District with all master plans of the site, estimates of future water requirements and details of building construction for the purpose of designing the fire protection elements of the water system.

3.17.060  Cost of Preliminary Engineering and Planning.
The cost of preliminary engineering and planning shall be included as part of the cost of extending service. The applicant shall have the option to use its Engineer to perform the necessary plans for the Mainline extension. Plans shall conform to the District standard drawing and specifications and shall be checked and approved by District. Should the applicant request the District's Engineer to design the construction plans for the extension of the pipeline the applicant shall deposit with the District $1,000.00 prior to any work being initiated. If the cost of preparing an estimate and accomplishing other engineering and planning work exceeds $1,000.00, the applicant shall be required to pay all costs incurred.

3.17.070  Estimate is Not a Commitment to Serve Water.
Preparation of an estimate or any other preliminary engineering and planning work undertaken by the District in connection with the applicant's proposed project is a commitment or agreement by the District, partial or otherwise, to serve water. Said commitment will be made only at the time service actually commences or when the District executes a service extension agreement, whichever shall first occur. In the case of a service extension agreement, the commitment of the District to supply water shall be limited to the number of connections to be installed pursuant thereto and in accordance with the terms thereof.

3.17.100  PAYMENT

3.17.110  By Applicant.
The applicant for water service shall pay: (1) All costs of designing and constructing such extensions of the District's water distribution system as are required by these regulations; (2) installation costs of all service lines; and (3) the initial charge for water service pursuant to these regulations.

3.17.120  By District.
The District may at its discretion pay that portion of the costs of extending its distribution system equal to the difference in cost between the size required by the Applicant's development and the size that the District requires under its long-range master plan when all the following conditions are present: (1) The main to be extended replaces a presently inadequate distribution pipeline; (2) The location of the facility to be constructed is one of those described in the future plans of the District as may be developed and amended from time to time; and (3) The Board of Directors has determined that it is within the District's financial ability to finance its share of the improvement.

3.17.200  EXTENSION AGREEMENTS

3.17.210  General.
After the preparation of preliminary cost estimate and plans pursuant to these regulations and at the time Applicant desires to secure a commitment of water service and proceed with construction, the applicant shall submit a written application for service pursuant to these regulations. Upon applicant meeting all requirements, the District shall prepare an Extension Agreement. The agreement shall specify the terms of payment, estimated cost of extension, requirements for easement or property, special service conditions and other details.

3.17.220  Approval of Extension Agreements.
When the estimated cost of the work to be performed by the District is less than $2,500 (exclusive of District fees), the General Manager is authorized to prepare an agreement with the applicant. All of such agreements shall be in writing in the District's usual form, and signed by the applicant and on behalf of the District by the General Manager. All other Extension Agreements must be approved by the Board of Directors.

3.17.230  Land Easements and Rights of Way.
All extensions of the District's distribution system shall at all times be the property of, and be controlled by, the District. District facilities shall be located only in dedicated and accepted public streets or rights of way or within easements owned by the District. No facilities will be constructed until all rights of way easements and facility sites as required by the District shall have been conveyed to the District at the sole cost and expense of the applicant. In the event such rights of way, easements or lands are not conveyed by the applicant, the applicant shall pay the District its entire cost of acquisition thereof, including appraiser's fees, escrow charges, title insurance premiums and legal expenses.

3.17.300  EXTENSION CONSTRUCTION

3.17.310  Construction By Applicant.
The applicant may, if he elects, construct extensions to the District's water distribution system, with materials furnished by the District, provided, however, the District reserves the right to construct, with its own personnel or by private contract, any of the following:

1. pumping plants, storage facilities and main transmission lines;
2. small extensions;
3. extensions involving complicated connections to, or interference with, the District's existing facilities.

3.17.320  Conditions of Construction by Applicant:
Construction by the applicant shall be subject to each of the following conditions:

1. Prior to commencement of construction the applicant shall execute an extension agreement, advance all costs of materials to be furnished and work to be performed, and furnish the District with a corporate surety or performance bond satisfactory to the District in an amount equal to 100% of estimated cost of the construction by the applicant;
2. All work shall be performed by a competent and experienced contractor licensed for underground construction and with experienced laborers;
3. All work shall be performed in a good, workmanlike and safe manner and in accordance with the plans and specifications of the District, under its inspection, and to the satisfaction of the General Manager. Risk or of loss or damage to materials shall be borne by the applicant until the facilities constructed are accepted by the District;
4. All facilities shall be maintained by the contractor that installed the same for one year, or such longer period as shall be specified by the District, following the acceptance thereof by the District; pursuant to a warranty in the agreement between the applicant and the contractor which expressly benefits the District and
5. The applicant shall indemnify and hold the District, its officers, employees and agents harmless from any liability arising out of or in any way connected with such work done by or on behalf or the applicant , his employees, agents or contractors.

3.17.330  Construction by District.
Except as provided in Regulation 3.17.310 and 3.17.320, the District will construct extensions of its water distribution system. Such work may be performed by the District's personnel or by private contract, as determined by the District. Such work shall commenced only after the applicant has executed an extension agreement, advanced the total estimated cost of all facilities, paid all charges, and provided all easements as required by these regulations.

3.17.340  Construction Costs.
The District shall determine its actual cost of all extensions. Costs shall include labor, material, overhead, engineering, legal and administrative expenses allocable to such work. If the actual cost of such work exceeds the amount paid to the District therefor, the District will invoice the applicant for the excess. If such invoice is not paid promptly, the District shall have the right to refuse water service through such facilities or to the applicant.
In the event the actual cost of such facilities is less than the amount advanced to the District, the District will promptly refund such difference.

3.17.400  RELOCATION

3.17.410  Required to Accommodate Streets and Highways.
The District will relocate or reconstruct existing facilities to accommodate construction widening or relocation of streets and roadways and will release easements no longer considered useful to the District on the following conditions:

1. The entire cost of the relocation or reconstruction shall be paid by the party requesting the same;
2. The new location is such that it will not, in the opinion of the District, be subject to future relocation; and
3. There shall be conveyed to the District without cost, such easements or rights of way for new facilities locations as the District shall consider necessary.

3.17.420  Required Under Assessment Proceedings.
The District will not bear any part of the cost of any relocation or alteration of its facilities made necessary by improvements undertaken pursuant to an improvement act or other assessment proceedings. The public agency undertaking such relocation shall make arrangements with the District for any such relocation or alteration of the District's facilities. Work will not be performed by the District until after it receives satisfactory guarantees of reimbursement of actual costs. The amount of said costs, once ascertained, shall be paid to the District promptly. The public agency shall furnish the District with such plans, specifications, surveys, drawings and time schedules related to the improvement work as shall be necessary to enable the District to conveniently and efficiently effect necessary relocation or alteration of its facilities.

3.17.430  Required by Public Drainage Works.
The District will, at its own expense, undertake reasonable and normal relocations of its water distribution lines as required by routine drainage projects undertaken by a public agency. Extensive relocation of water distribution lines or relocation of a major transmission line, pumping station, regulation structures and appurtenances, will be undertaken by the District only on a cost-sharing basis mutually satisfactory to the District and the public agency undertaking the drainage project.

3.17.440  Required by Underground/Overhead Utilities.
The District will not bear any part of the cost of relocating or altering any of its facilities to accommodate the construction of publicly or privately owned gas lines, telephone and electric cables, sanitary sewers, or other underground or overhead utilities. The District will undertake such relocation or alteration of its facilities only after the District's cost thereof is paid to the District, or such payment is guaranteed to the District's satisfaction.