Chapter 21.08 Extension of Water Mains


21.08.010 Location of Mains.

 

(Amended by Ordinance No. 181715, effective April 2, 2008.) 

 

A.  Water mains are to be installed within public right-of-ways.  The Chief Engineer of the Portland Water Bureau may authorize construction of a public main within a private tract of land dedicated and utilized as a private street.  The City shall be granted an easement of sufficient width, as determined by the Chief Engineer.  The easement agreement shall be on a form approved by the Chief Engineer, and it shall allow 24-hour unobstructed access to operate and maintain the public water system within the private street.  The Chief Engineer or the Administrator shall determine the necessity to cross private land with a public main.

 

B.  Water main extensions shall be installed a minimum of 5 feet past the closest property line of the parcel to be served.

 

C.  If the Chief Engineer determines that an application for water service cannot be met because there is no main or the mains are inadequate for the demands projected, the person denied service may apply for the construction or improvement of mains to allow the service.  Upon such application, the Chief Engineer shall prepare a cost estimate for the work to be performed, using such cost factors as the Chief Engineer determines are accurate and appropriate for the job.  In order to receive water service, the applicant is obligated to pay for the costs assessed by the Portland Water Bureau for water main or main extensions to provide adequate flow to the site, using the most direct route through the public right of way for the main to reach the desired site, as determined by the Chief Engineer. 

 

D.  The Portland Water Bureau retains the right to use a larger main than required to serve the applicant's demands (although, at a minimum, any applicant is responsible for a main at least 6 inches in diameter) or an alternative route for the main.  If the Portland Water Bureau installs a larger main or chooses an alternative route, the Portland Water Bureau shall assume the costs in excess of that required to serve the applicant's site using the most direct route in the public right of way and the size of main necessary for the applicant's demand.


21.08.020 Distribution Main Extensions Inside City; Cost Sharing.

(Amended by Ordinance Nos. 181715 and 182053, effective August 15, 2008.)

 

A.   Except for purposes of improving an inadequate main as provided in Section 21.08.060 or if the Portland Water Bureau shares costs as provided herein, an applicant for a new or improved main shall pay the full costs of the new or improved main.

 

B.   The Administrator of the Portland Water Bureau shall adopt by rule a methodology of cost sharing with applicants for the installation of new or improved water mains, main extensions, and fire hydrants installed by the Portland Water Bureau in the public right of way when the total cost of the project required for the applicant does not exceed $125,000. In no case shall the Portland Water Bureau's share of these costs exceed 50% of the total cost of a project, or a maximum share of $62,500, whichever is less. In developing the cost sharing methodology, the Administrator shall consider the following criteria:

 

1.   Public and private benefit derived from proposed privately financed water system improvements

 

2.   Rate impacts

 

3.   Availability of Portland Water Bureau budgetary funds

 

C.   Notwithstanding and in lieu of the cost sharing authorized by Section 21.08.020 B., if an applicant's request for a single new residential service of 1 inch or smaller is not granted due to inadequate capacity of a 4 inch main or smaller, the provisions of Section 21.08.060 shall apply to establish allocation of costs.

 

D.   At the discretion of the Chief Engineer, the cost of the project or components of the project shall be offered to the applicant at either a set price or time and materials basis. The Portland Water Bureau shall accept a deposit of 20% of the estimated cost for preliminary engineering work, the balance due prior to actual construction. For projects accepted by the applicant on a time and materials basis, if the actual cost of the main or main extension and the laying thereof is greater than the estimated cost, the applicant shall pay the difference to the Portland Water Bureau. Payment shall be deposited to the Water Operating Fund and transferred to the Water Construction Fund. If the actual cost is less than the estimated cost, the excess shall be refunded to the applicant. In determining actual costs, allowance shall be made for overhead expenses in accordance with the provisions of the City Code and the Annual Water Rate Ordinance. Determination of the amount to be paid or refunded after construction of the main shall be made by the Administrator, subject to appeal to the City Council, and the decision of the Council shall be final.

 

E.   In no case after a set price has been established shall refunds or additional charges for the installation be made except in those cases where changes have been made at the request of the applicant.

 

F.   In all cases the size of mains and main extensions and the specifications for laying the same shall be determined by the Chief Engineer, and water mains and main extensions within the City shall be installed solely by the City, except as otherwise provided herein and shall be the property of the City.

 

G.   The developer of a new residential subdivision within the City may petition the Chief Engineer for permission to construct water mains and appurtenances within the limits of the subdivision. Water mains may also be installed in private streets subject to prior approval of the Chief Engineer and subject to all conditions contained in this Title. However, the costs of all such mains and appurtenances in subdivisions and private streets shall be borne by the applicant, including but not limited to planning, design, plan review, construction, inspection and project management, and may not request cost sharing provided in Section 21.08.020 for the mains and appurtenances. Any water mains or appurtenances that are placed in public rights of way shall become the property of the Portland Water Bureau. The Portland Water Bureau shall connect the privately constructed water facilities to the public main. Costs of connection shall be borne by the applicant unless the connection cost is less than $125,000, in which case the costs shall be shared under standards developed pursuant to Section 21.08.020 A.

 

H.  The Administrator may adopt administrative rules and procedures necessary to carry out the provisions of this chapter.

 

I.   The effective date of this Chapter is July 1, 2007. The provisions of Section 21.08.020 shall be applied retroactively to projects which did not include a city cost share and were accepted and paid for by the applicant after June 30, 2007.

 


21.08.030 Fair Share Reimbursement.

 

(Amended by Ordinance No. 181715, effective April 2, 2008.) 

 

A.  An applicant or applicants who pay for all or a portion of a new main or main extension may be reimbursed a portion of the cost of installation from other applicants who subsequently seek service from that main.  To qualify for reimbursement, the main must be within the City of Portland, the date of application for service must be within 10 years of the water main or main extension's installation date, and the property for which service is sought must not have been owned by the applicant who paid for the main or main extension.

 

B.  If the Portland Water Bureau elects to cost share with the applicant under Section 21.08.020 in the cost of installation of new main or main extension, the applicant shall not qualify for any reimbursement.

 

C.  When reimbursement is warranted, the Portland Water Bureau shall collect a pro rata share of the cost of the main installation from each customer who, within ten years of the main installation, subsequently connects to the main and make an equivalent reimbursement payment to the individual who paid for the main.  Pro rata shares for payment by new customers and reimbursement shall be calculated as follows:  The initial cost of main installation shall be divided by the total length of the main, in feet.  The per-foot cost of the main shall then be multiplied by the frontage length of the new service applicant's property, in feet, times 50 % [(cost of installation divided by total length) X frontage X 0.50 = payment].  The required payment shall be reduced for depreciation at the rate of 2 1/2 % per year, computed from the date of the main installation to the date of application for service.


21.08.040 Extending Distribution Mains Outside the City

(Amended by Ordinance No. 182053, effective August 15, 2008.) Any person desiring a main extension outside the City may make written application for construction of a water main. The Chief Engineer may approve of the main extension if it does not unreasonably impair water supply or pressure to existing services, whether inside or outside the City, and cannot reasonably be served through any other supplier.
The Chief Engineer shall determine if the water main extension is to be designed and constructed by the City, or if permission is to be granted for private design and construction of the main. If privately constructed, the work shall conform to Portland Water Bureau specifications. Upon Bureau inspection and acceptance of the new water system, the Bureau shall make connection to the existing water system. After acceptance by the City, the water main extension shall become the property of the City.
If the Bureau is to lay the main extension, the applicant shall pay to the Bureau the estimated cost thereof prior to construction. The cost includes the cost of any bond or other security required by any subdivision of government having jurisdiction over the location of the main extension. If the actual cost, including overhead expenses computed in accordance with the provisions of the finance regulations of City Code exceeds the amount prepaid, the applicant shall pay the difference to the Bureau. If the actual cost computed as herein prescribed is less than the amount prepaid by the applicant, the difference shall be refunded. When the applicant requests a set price for such installation, the Bureau shall establish a price based on the estimated cost and in no case after a set price has been established shall refunds or additional charges for the installation be made except in those cases where changes have been made at the request of the applicant.
The City shall not be responsible for any change or enlargement of the main or main extension outside the City, and shall not be responsible for any portion of the cost of relaying or changing the main or main extension because of subsequent improvement of any public work.
Application for connection of property outside the City to City water main or main extension shall be deemed a waiver of any deficiency of supply, pressure, or any other inadequacies, whether attributable to prior or future connections or extensions, and shall be deemed a covenant that the applicant shall comply with all provisions of this Title and the rules and regulations of the Bureau and must have prior approval of the Portland City Council.


21.08.050 Adequate Mains Before Street Improvement.

(Amended by Ordinance No. 182053, effective August 15, 2008.) The Chief Engineer of the Portland Water Bureau may require that adequate water mains be installed in accordance with the provisions of this Title prior to street improvement.


21.08.060 Installation of Adequate Distribution Mains Inside the City.

(Amended by Ordinance No. 182053, effective August 15, 2008.) If a petition for a new residential service of 1 inch or smaller is not granted due to inadequate capacity of a 4 inch main or smaller, the applicant may wait until the main is enlarged by the City. If petitioner wants the main enlarged sooner than the City's timetable the petitioner may request that the City adjust the timetable and replace the main without delay. The Administrator together with the Chief Engineer will review this request. If the Administrator and Chief Engineer decide, in their discretion, to grant the request to enlarge the main, the petitioner shall pay a portion of the cost of enlarging the main. The Bureau will pay all remaining costs. The portion of the main paid by the City is sixty-five percent (65%) unless that figure is changed by the annual water rate ordinance. All requirements of Section 21.08.030 "Fair Share Reimbursement" will apply except that the full cost of the main will not be charged to the petitioner.


21.08.070 Council Authorization for Laying Water Mains.
 
(Amended by Ordinance No. 180917, effective May 26, 2007.)  The Council or its administrative officers may cause to be laid or installed at City expense, whatever pipelines, extensions, enlargements at the time of initial main installation or subsequently, interconnections, pumps, tanks, reservoirs, dams, works, and appurtenances which are found by the Administrator and the Commissioner-In-Charge to be necessary, advantageous, or convenient.  This shall not be deemed to confer any right or privilege upon any person or premises to have a water main laid at sole City expense.  The portion of the cost of any main and the laying thereof installed to serve residential premises or area only, and laid after August 1, 1957, which is in excess of the cost of a 6 inch ductile iron main and the laying thereof, shall be deemed allocable to water supply.  Such allocation shall be paid from the Water Construction Fund at City expense except where Portland Fire & Rescue requires larger flows for fire protection requirements, those costs shall be at the applicant's expense.