13.10.160 Extension of water mains.
A. Any person or persons, including any subdivider or developer, desiring to have water mains extended or modified within the city limits, and being willing to advance the whole expense of such extension or modification, may make application to the city by petition containing:
1. A description of the proposed extension or modification accompanied by a map showing the location thereof.
2. An offer to pay the whole expense incurred by the city in providing such extension or modification and to advance such payment as said expense shall be agreed upon by the petitioner and the city.
B. Upon receipt of such petition and map, and before the petition is granted, the city council may:
1. Obtain from the public works superintendent a statement showing the estimated cost and expense of making such extension or modification.
2. Obtain from the public works superintendent a description of the area and number and type of users that may be served in the future by the extension or modification and the estimated prorated share of the cost that should be borne by said future users.
3. Determine the amount to be charged future users of the extension or modification and what portion thereof shall be reimbursed to the petitioner upon payment by future users, and the time limit thereof.
4. Prepare an agreement specifying the manner and circumstances under which the extension or modification will be constructed and under which said reimbursement will be made.
C. The city council may grant or deny said petition as in its discretion seems best for the welfare of existing users in the city.
D. If the city council grants said petition, the petitioner and the city may execute said agreement. The petitioner shall deposit with the city treasurer the amount of the estimated cost and expense of making such extension or modification before any work shall be done on such extension or modification, and within 30 days after the granting of said petition or such other time as the city council shall indicate.
E. Before any work shall be done on said extension or modification, the petitioner shall furnish at no cost to the city adequate rights-of-way or easements, in the name of the city, for construction and perpetual maintenance and replacement of said extension or modification.
F. If the petitioner or his agent is to construct the water line, the petitioner or agent shall guarantee the proper installation and construction of the water line and fixtures and that the water line and fixtures shall be maintained in a state of good repair free from defective material or workmanship for a period of 24 months from the date the city council has accepted the improvements and a final walk-through is performed.
G. Any such extension or modification shall be deemed the property of West Point City upon acceptance by the city. [Code 2000 § 9-4-16].