§ 11-1.05. Water Main Connection Charges.

In addition to the water service installation charges imposed by Section 11-1.04 of this chapter, and in case of metered services, the meter costs imposed by Section 11-1.06 of this chapter, water main connection charges shall be paid in accordance with this section.

(a)

Territory Within the City. For water service in all areas within the City, the water main connection charge to existing mains shall be in accordance with a schedule approved by the Council from time to time by resolution.

(b)

Territory Outside the City. For water services in territory outside the City limits, the water main connection charge to existing mains shall be in accordance with a schedule approved by the Council from time to time by resolution. The City Manager shall, upon the recommendation of the Director responsible for utility system planning, request City Council approval of extensions of water into unincorporated areas. In considering applications for furnishing water service to property located outside the City limits, the City Manager may impose such reasonable conditions to the granting of such privilege as the City Manager deems to be in the best interest of the City. City Manager shall establish the conditions and City Council shall approve said conditions from time to time by resolution. Any agreements for the provision of such water service shall be approved as to form by the City Attorney. Exception: The City Manager's decision on the extension of water services into unincorporated areas shall be final without City Council approval in all cases where no service upgrades to the city's existing utility system are required, and the property to be served is within the former Del Este Water service area, and areas defined from time to time by City Council resolution.

(c)

Main Extensions. Where water main extensions are required before water service can be provided outside the City, the City may require an agreement with the person desiring water service which shall provide the basis upon which water mains will be constructed and financed. Such an agreement, among other things, may include the requirement of annexation of any territory so served to the City at the earliest opportunity.

(d)

Allocation of Costs. Notwithstanding the provisions of subsections (a) and (b) above, the Director of Utilities is hereby authorized to approve and process applications for water service to portions of parcels of land in accordance with the rates specified in the above subsections subject to all of the following terms and conditions:

(1)

That the property involved can reasonably be served by the municipal water system.

(2)

The total area of such parcels of land to be served shall be not less than twenty thousand (20,000) square feet, and the portion of the parcel to be served shall not be less than six thousand (6,000) square feet in area.

(3)

A fee shall be paid to the City and shall accompany the application for the purpose of covering the costs of inspection of the premises to make the determination specified in subsections (d)(1) and (2) above, and said fee shall be in accordance with a schedule approved by the Council from time to time by resolution.

(4)

Connection fees shall be payable based on the size of the portion of the parcel to be served and shall be paid in accordance with the applicable provisions of the Municipal Code.

(5)

Water service fees shall be payable in accordance with the Municipal Code provisions relating to water service generally.

(6)

The portion of the area to be served shall be recorded by means of a sketch map on the water service card filed in the Public Works Department.

(7)

In addition to the remedies for violations of the provisions of this Code, as an additional and alternate remedy, the Director of Utilities shall have the authority to immediately discontinue water service without requirement of notification in the event that the Director shall determine that water supplied to serve the area under the permit is used on other premises.

(e)

Water Mains Installed by Developers. Notwithstanding the charges set forth in subsections (a) and (b) of this section, the Director of Utilities is hereby authorized to waive the square footage portion of the water main connection charge and require water mains to be installed in conjunction with the subdivision of land by the developers of subdivisions as follows:

(1)

All water mains shall be sized in accordance with current City of Modesto Standard Specifications.

(2)

All six (6) inch and eight (8) inch diameter mains and appurtenances thereto, such as, but not necessarily limited to, fire hydrants, blowoffs, valves and valve boxes shall be furnished and installed by the developer.

(3)

All ten (10) inch and larger water mains and all water pumping stations shall be furnished and installed by the City.

(4)

The cost of installation of all fire hydrants, whether connected to water mains installed by the developer or by the City, shall be the responsibility of the developer. Where fire hydrants are installed by the City, the developer shall pay to the City a fee for such installation, the amount of which shall be established by the City Council from time to time by resolution.

(f)

Water Connection Charges to Subdivisions. Normally all water mains smaller than ten (10) inches in inside diameter, and appurtenances thereto, will be installed by the developers of subdivisions as set forth in subsection (e)(3) of this section. From time to time, however, in its best interest, the City may elect to install all water mains, and appurtenances thereto, in a particular subdivision.

In the event the City so elects to install all water mains, and appurtenances thereto, water service shall be provided only if the developer of said subdivision agrees that if the water main connection charges set forth in subsections (a), (b) and (c) of this section have not been paid for eighty (80) percent of all lots within said subdivision within three (3) years and ninety (90) days from the date of recordation of the final map, or within three (3) years of the completion of installation of the waterlines by the City, whichever is the longer period of time, the developer or his/her assignees shall forthwith pay to City water main connection charges for all lots for which said fees have not been paid. Notwithstanding the provisions of this subsection, the City may enter into special agreements with developers of industrial subdivisions which shall provide the basis upon which water mains shall be constructed and financed.

(Ord. 1069-N.S., amended by Ord. 233-C.S., Ord. 428-C.S., Ord. 563-C.S., Ord. 1050-C.S., Ord. 1271-C.S., Ord. 1443-C.S., Ord. 1726-C.S., § 1, Ord. 2088-C.S., § 1, Ord. 2764-C.S., § 2, Ord. 3133-C.S., § 1, and Ord. 3368-C.S., § 1, effective 12-9-04)

(Ord. 3566-C.S., § 1, effective 7-5-12; Ord. No. 3611-C.S., § 1, effective 1-9-15; Ord. 3678-C.S., § 1, effective 10-26-17)