§ 78-241. Institution of proceedings; intent of article.

(a)

Petition by property owner. In any area of the city in which water service is not available, or in which the capacity of existing water mains is inadequate to meet water supply or fire protection requirements, one or more owners of real estate within such area may present a petition to the director of the water services department requesting that the department, pursuant to the provisions of this article, install a water main or mains with appurtenances to serve such area.

(b)

Decision of director. With such a petition, or without such a petition when deemed necessary by the director of the water services department, the water services department may institute proceedings to construct with its own forces or by a private contractor a water main or mains and appurtenances to serve property not having water service or having inadequate water main capacity. The cost of such improvement shall be defrayed in the manner provided by this article.

(c)

Intent of article. The intent of this article is to provide for the construction of water main extensions and appurtenances thereto. It may be used to replace mains of inadequate capacity or to extend mains from the existing water system to areas not within proposed subdivisions or other areas under development. Petitions for a water main and related appurtenances located within a platted subdivision, wholly owned or controlled by one entity, are unacceptable under the terms of this article. However, nothing in this article shall be construed to prevent the program from serving properties under individual ownership in subdivisions already platted but not having a water system or having a water system inadequate to meet all reasonable need, including fire protection.

(Ord. No. 120551, § 1, 6-28-12)