§ 98-381. Determination of system availability.

(a)

When a developer plans to undertake a specific development project within the city or its extraterritorial jurisdiction and the development will require service through a public water and/or sanitary sewer system, it will be the responsibility of the developer to contact the city engineer to determine the system availability. The developer will advise the city engineer in writing of the specific location of his development, the total size of the development in acreage, living units and/or square feet of commercial or industrial space, the type of development and land use to occur within the subdivision, estimated amount of flows, if available; and the approximate time when public utilities will be required. The information may be incorporated into a preliminary plat or development plan application submitted to the director of community development.

(b)

The city engineer shall review the city's current water and sanitary sewer system and determine whether service is currently available to the development. If service is available through an existing main, the city engineer shall identify the point on that main where the development will be permitted to tie into the system and will advise the developer in writing of the location where a tie-in will be permitted. The city engineer shall support such written notice with such map exhibits as are necessary to clearly delineate the point of tie-in.

(c)

In the event that a connection to an existing utility main is possible, the city engineer will determine if the utility main has been installed by the city or whether it was installed by a prior developer under the approach main extension policies of this article. In the event that the utility main was installed by the city and the city is not entitled to pro rata reimbursement under the terms of sections 98-380 and 98-384, the developer will be advised that there will be no pro rata reimbursement charge to tie into the utility main. The developer will be responsible for the entire cost of the approach main or service line connecting his development to the utility main. In the event that the city is due pro rata, the developer shall pay the pro rata charge into the pro rata escrow account of the city, prior to making a tie-in to the system.

(d)

If the utility main or a portion of the utility system serving the development was installed by a prior developer under the approach main extension policy outlined in this article, the city engineer will advise the developer of his pro rata share of costs for connection to this line. The developer shall pay a pro rata charge into the pro rata escrow account of the city prior to making a tie-in to the system.

(Ord. No. O-98-004-11, § 1(21-175), 1-26-98)