1. It is the intent of this chapter to provide the equitable distribution of the costs of constructing public water main extension projects; to provide for the receipt and distribution of tap fees to recover certain expenses of water main extension projects; to coordinate this policy with the need for and availability of public services and facilities; and to protect the general health, safety and welfare of the citizens of this city and the customers of the city water system.
2. The city council may, by resolution, authorize recoupment agreements with developers extending water services to benefit other properties in situations where the other benefitting property owners would normally extend the water main but lack the funding to do so. Such agreements must provide that the water mains will be built in accordance with city plans and specifications and dedicated to the city for public use and maintenance. The city may agree to partially reimburse the developer extending a water main from project connection fees charged to benefitting property owners in the project area.

(LDC 1991, § 12-1301; Ord. No. 248(99), 1-19-1999)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Benefitting property means the property which abuts or includes the easement or right-of-way within which a water main extension project is constructed.

City means the City of Moore, Oklahoma.

City engineer means the consulting engineer for the city or his designated representative.

Connection means any connection or tap of a water main extension project to directly or indirectly provide water service, less and except an "extension," as defined herein, shall not be considered a connection.

Cost of construction means the final cost of construction of the entire water main extension project, including, but not limited to, the bid amount and any additions, deletions, change orders, field changes, amendments or addenda, including a total of five percent of the actual direct cost for engineering fees. However, the "estimated cost of construction" shall mean the estimate of the final cost of construction project.

Developer means the applicant for an approved water main extension project who is financially responsible for constructing, or causing to be constructed, the water main extension project prior to project acceptance.

Director means the director of the community development department and his designated representative.

Extension means an attachment of a grid main to an existing water main extension project or facilities constructed by the city or the trust.

Grid main means water mains 12 inches in diameter which run in the easement or right-of-way along a section line or section line road and/or as otherwise officially designated by the director in writing.

Oversized mains means water mains in excess of 12 inches in diameter which run in the easement or right-of-way along a section line or section line road and/or as otherwise officially designated by the director in writing.

Policy or chapter means this policy, the "water main recoupment agreement policy," and amendments and supplements thereto.

Private lines or service lines means privately owned water lines for the provision of water service. An extension shall not be deemed a private line.

Tap fee means the contribution from a property owner or party desiring water service connection who is not the city, the trust, or developer of the project.

Trust means the MPWA and any successor thereto.

Water main extension project or project means an approved or authorized project for the construction of a grid main or oversized main, and all associated improvements, appurtenances and facilities, to be connected to the city water system.

(LDC 1991, § 12-1302; Ord. No. 248(99), 1-19-1999)

1. To commence a water main recoupment agreement, the developer desiring to install or construct the project shall make application to the director in writing.
2. The developer shall submit plans and specifications for the proposed project and a cost estimate to the director. The plans and specifications must be completed to the satisfaction of the director, and approved prior to commencing the project.
3. The director shall preliminarily determine the developer's required contribution for the cost of construction based upon the estimate of the developer's engineer prior to approving any application or recommending approval of any application to the trust. Upon acceptance by the developer of the director's determination of cost, the developer shall execute a recoupment agreement for MPWA consideration and approval.
4. Any application for installation of a water main recoupment agreement may be denied for any reasonable basis or may be conditionally approved for any reasonable basis.
   
5. Upon approval or conditional approval of a recoupment agreement, the applicant shall be designated the developer of that water main extension project and shall be financially responsible for any and all costs designated as costs to be paid by the developer in accordance with this policy.

(LDC 1991, § 12-1303; Ord. No. 248(99), 1-19-1999)

After the application is approved, the developer or his engineer will provide complete construction plans, engineering studies, and/or specifications as needed. Subsequently, the developer shall competitively solicit bids for the construction of the project.

1. The project shall be competitively bid and the developer shall document it to the satisfaction of the director;
2. The project shall be constructed by the developer to city standards;
3. Should the developer notify the director in writing that the developer desires to withdraw his application and not proceed with the project, then the developer shall be liable for all costs and expenses made or contracted to be paid up to the time of actual receipt of notice. Should the developer not commence the project within a reasonable time, then, upon notice to the developer, the MPWA may withdraw its proposed investment.

(LDC 1991, § 12-1304; Ord. No. 248(99), 1-19-1999)

The developer shall pay its share of the cost of construction of a 12-inch water main, or its equivalent, as set forth in this chapter.

1. Grid mains. The developer shall pay 100 percent of the cost of construction for grid main-water main extension projects;
2. Oversized mains required by the construction criteria. The developer and the trust shall share in the cost of construction of an oversized main-water extension project wherein the size, capacity and/or length of the proposed improvements are increased from the developer's requirements. The developer shall pay the equivalent cost of a 12-inch diameter water main project as the cost is determined by the director.
   1. The director shall review the plans and specifications submitted by the developer with the application.
   2. The director shall determine the cost of the water main designed for the size, flow, and location of his development and the cost of the oversized improvements. The cost difference between the two projects shall be the amount available for recoupment.
      
   3. The developer shall pay the contractor for project construction, including any addition, deletion, change order, field change, amendment or addendum to the oversized main project.

(LDC 1991, § 12-1305; Ord. No. 248(99), 1-19-1999)

1. The city owns the city water system. The city water system is leased to the trust.
2. All water main extension projects to be connected to the city water system shall be the property of the city upon acceptance of the construction contractor's work by the city. The developer shall be deemed to have dedicated its interest, if any, in the project to the city upon completion of the project in accordance with the construction criteria. Should the project meet the construction criteria, then the director shall recommend the acceptance of the project.
3. All water main extension projects shall be deemed dedicated by the developer to the city without any payment or contribution by the city or the trust to the developer; provided, however, whenever the developer is the lowest and best responsible bidder on a competitive bid for construction of the project, the trust shall pay its share of an oversized main project, if any, as provided in this policy. However, the city and the trust shall not contribute to the cost or pay the developer as successful bidder for the cost of mains, which are larger than that required or recommended by the construction criteria.
4. Should the director so request, the developer shall execute a formal conveyance memorializing the dedication of the project.
5. After acceptance of the completed project, the developer shall have no interest in the project.

(LDC 1991, § 12-1306; Ord. No. 248(99), 1-19-1999)

No connection shall be made to any water main extension project and no water service shall be provided until the project is determined to be complete by the director or his designee. The prohibition against connections and water services until the project is determined to be complete shall apply to the developer and all other persons and entities except the city and the trust.

(LDC 1991, § 12-1307; Ord. No. 248(99), 1-19-1999)

All water mains and lines and all associated improvements, facilities and appurtenances to water mains and lines, including, but not limited to, valves, fire hydrants, service connections and meters, to be connected to any project or to the city water system must meet the construction criteria.

(LDC 1991, § 12-1308; Ord. No. 248(99), 1-19-1999)

1. Developers may recover the share of the cost of construction paid by the developer on a water main extension project through tap fees from persons and entities desiring water service connections to the project; provided, however, no tap fee shall be paid to any developer who has not paid its entire share of the cost of construction. Reimbursement for the cost of construction of a water main extension project shall only be pursuant to the receipt of tap fees as set forth herein.
   1. No tap fees shall be collected or received on projects where the water main constructed is greater in size than that required by the construction criteria;
   2. The developer shall receive such reimbursement through tap fees actually paid to the trust within a period of 15 years from the date the project was accepted by the city, except as otherwise provided herein;
   3. The developer may not recover more than the developer's share of the cost of construction;
   4. All persons or entities who shall desire a water service connection shall pay a tap fee as set forth in this policy, except the developer, the city, and the trust. Except a benefitting property owner whose ownership pre-existed the project application date and that is used for a residential purpose shall be permitted to make a connection for water service to each preexisting residential structure of one inch or less without paying a tap fee, pending MPWA approval. This provision is not intended and shall not be deemed to permit a water service connection by a developer to a project which has not been accepted or for which the developer has not paid developer's entire share of the cost of construction. The requirement to pay tap fees shall not be affected by whether the property to be served is zoned residential, commercial, industrial or any other designation;
   5. Tap fees, as required herein, shall be paid to the trust prior to making any connection or obtaining any water service from the project;
   6. No one, other than the city, the trust, or a benefitting property owner, may make a connection for water service from a water main extension project; provided, however, the director may permit a connection by a non-benefitting property owner upon payment of a tap fee as determined by the director. The city and the trust may connect to any water main extension project without paying a tap fee regardless of whether the city or the trust is a benefitting property owner;
   7. The city shall maintain records of all projects where tap fees are applicable. Tap fees shall be due prior to connection to a project, but neither the city nor the trust shall be liable for nonpayment by any party making a connection or non-reimbursement to the developer;
      
   8. No tap fee shall be charged to or collected from the city or the trust;
   9. No tap fee shall be charged for an extension;
   10. The developer shall not receive tap fees in excess of its share of the cost of construction.
2. Benefitting property owners and others permitted to make a water connection by the director shall pay a tap fee for their share of cost of construction except as otherwise expressly exempted.
   1. The director shall determine the cost of the water main designed for the size, flow, and location of his development and the cost of the oversized improvements. The cost difference between the two projects shall be the amount available for recoupment. A five percent engineering fee may be added to the amount available for recoupment.
   2. The reimbursement agreement shall stipulate the pro rata unit cost of the water main extension project. The pro-rata unit cost shall be determined by dividing the total amount available for recoupment by the linear foot of the water main extension, which is the per linear foot cost of the project. For each benefitting property, the per linear foot cost of the water main extension shall be multiplied by the linear foot of property frontage along the water main extension project, which shall equal the tap fee.

(LDC 1991, § 12-1309; Ord. No. 248(99), 1-19-1999)