§ 440-12. Line extensions.  


Latest version.
  • A. 
    Whenever an extension of the City's water lines is required to serve an applicant, or group of applicants, extensions will be made under the following terms and conditions.
    B. 
    All line extensions shall be sized to provide adequate domestic and fire-protection service, including fire hydrants to meet requirements for fire protection, but under no circumstances shall the line be smaller than six inches in diameter, and this is the minimum size for which the applicant shall be responsible. In the event that the system master plan requires a larger line size than is required to serve the applicant's needs, the City shall absorb the difference in investment between the applicant's required line size and the line size required by the plan. The City shall be the sole judge of proper line sizing.
    C. 
    Investment in the line extension shall be based on extensions made to the midpoint of the property line of the property to be served. The extension will be made from the nearest adequately sized distribution main.
    D. 
    The investment in the line extension required to serve the applicant's domestic and fire-protection requirements as specified by Subsection B above will be paid in total by the applicant requesting the line extension.
    E. 
    The City shall not under any condition be required to make an extension that would be unprofitable and thereby cause undue hardship to existing customers.
    F. 
    All lines within incorporated cities, towns, and communities will be constructed in existing public roads, streets, City-owned land, alleys or easements. The applicant shall furnish such rights-of-way as are required without charge to the City over property owned by said applicant and shall assist the City in securing other rights-of-way necessary to provide service over property not owned by said applicant.
    G. 
    Where unusual circumstances exist, an extension may be made under a special long-term contract, providing the contract terms are such that no adverse effects will be imposed on the City's existing customers. This contractual provision is strictly at the option of the City.
    H. 
    Special conditions which affect the furnishings of water service to an applicant or group of applicants, such as elevation or other conditions resulting in increased costs to the City in providing water service, shall be taken into consideration when estimating the cost of providing service.
    I. 
    Lines primarily for purposes of a master plan will be installed by the City. Subsequent connections or extensions for development to properties directly abutting or benefiting from such lines and fixture development areas to be served by this line, which were undeveloped at the time of the extension, shall reimburse the City for a pro rata share of the line as follows: The pro rata costs shall be based on those size line and appurtenances which would have been required to serve the development with adequate domestic and fire-protection service.
    J. 
    Customers served with facilities that have been installed under Subsection I will be charged in accordance with applicable Subsection B, C, D, or H.
    K. 
    "Property to be served" is defined as that property described by the applicant in the application for a building permit as required by the Uniform Building Code adopted by the City.
    L. 
    Extension charges.
    (1) 
    Applicable.
    (a) 
    The following water line extension policies shall apply only to extensions of water mains within the City limits and to properties which have been subdivided under NMSA 1953, §§ 14-2-1 through 14-2-34, and City ordinances prior to January 1, 1978; more specifically described as:
    [1] 
    Coopers Subdivision (Melinda Lane).
    [a] 
    Lots 1 to 8 and 9 to 16.
    [2] 
    Stromi Subdivision (Stern Drive and Highlands Drive).
    [a] 
    Lots 1 to 7 and 15 to 19, Block K.
    [b] 
    Lots 8 to 14 and 20 to 24, Block K.
    [3] 
    Town of Las Vegas Addition (Kavanaugh Street).
    [a] 
    Lot 4, Block 131.
    [b] 
    Lot 4, Block 43.
    [c] 
    Lot 4, Block 36.
    [d] 
    Lot 1, Block 132.
    [e] 
    Lot 1, Block 44.
    [f] 
    Lot 1, Block 37.
    Editor's Note: See now NMSA 1978, § 3-2-1 et seq.
    (b) 
    Contracts with Sangre de Cristo Water Com. and PMN for water. This policy shall not apply to any subdivisions in which developers entered into a contractual relationship for water line extensions with Public Service Co. or the City of Las Vegas.
    (2) 
    Definitions.
    (a) 
    "Lot to be served" is defined as lots having water service adjacent to property as per Subsection K.
    (b) 
    "Lot" is defined as subdivided land and a lot size of 6,000 square fee or more. A lot with a residence already in existence but not served by City water shall also be designated as a lot.
    Editor's Note: This ordinance also repealed original Subsection L(2)(c), Formula, which immediately followed this subsection.
    (3) 
    Charges for connections made to extensions. In the event that an applicant for water service makes connection to an extension which was previously installed by the City, or an extension made at the request of an original customer and paid for by that original customer, the City shall charge the applicant an amount equal to the pro rata per foot cost of the original extension multiplied by the frontage footage of the property of the applicant.
    (4) 
    Credit for connections made to extensions. In the event that an applicant for water service makes connection to an extension which was previously installed at the request of an original customer and paid for by that original customer, the City shall make a refund to the original customer in an amount equal to the pro rata per foot cost of the original extension multiplied by the frontage footage of the property of the applicant. The total amount of refunds made to the original customer shall be limited to the amount paid by the original customer for the extension minus the front footage cost share of the original customer's property. The period of time during which refunds shall be made to the original customer shall be five years after the completion of the extension made for the original customer. The Utility Department shall maintain records of customer extensions for purposes of application of this subsection.
    [Added 9-21-2005 by Ord. No. 05-17]
Amended 9-21-2005 by Ord. No. 05-17