Policy 5-2 SALE OF TREATED WATER OUTSIDE THE MUNICIPAL LIMITS TO INDIVIDUALS AND MULTI-WATER USERS

DISTRIBUTION: Mayor and City Council

All Departments

SUBJECT: Sale of treated water outside the municipal limits to individuals and multi-water users.

PURPOSE: To establish the policies and procedures to regulate the sale of treated water outside the municipal limits to individuals or multi-water users would promote an orderly transition from rural to urban development.

BACKGROUND: In the past the City of Lawton has sold treated water to individuals and multi-water users located outside its municipal limits. Those sales have resulted in numerous private water lines to be constructed under various construction standards. Such water lines are prone to water leaks which, if not corrected, result in water losses to the City, and possible contamination of its water supply.

The sale of treated water for development outside the City limits encourages the development and construction of substandard sub-divisions. These subdivisions will present an economic burden on the City in the event of annexation to the City.

Since the City cannot enforce its codes outside its municipal limits regulating the sale of treated water outside its corporate limits appears to be a feasible means to prevent substandard development at least in terms of waterline standards. Although it is in the Citys best interests to sell surplus treated water, reasonable procedures for sales are imperative. The growth area for the Citys urbanization is established as the ridge lines as shown on Attachment 1. At some point in time the City will require this growth area to support its population. However, this urbanization should be orderly, compact, and contiguous to our present municipal limits. These policies and procedures for sale of treated water outside the municipal limits should enhance this type of urbanization.

POLICY/

PROCEDURES: Upon the effective date of this Policy the sale of treated water out-side the corporate City limits of the City of Lawton will be subject to the following provisions:

A. Individual Water Service means a single water service connection to provide treated water to a single residence or other structure.

1. Individual water service for no more than one (1) tap of a one-inch (1") or less water line on ten inch (10") outside diameter mains or less per quarter (1/4) section on section line roads may be authorized outside the city limits but inside the ridge line as shown on Attachment 1.

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2. Requests for water service that will increase the permitted number of taps along section line roads will require the applicant to follow the provisions for sale of treated water for multi-water services in this Policy.

3. No service line taps shall be permitted on lines twelve inches (12") or larger, branch laterals may be permitted.

4. The private service line from the service connection shall be on private property and the applicant must show sufficient proof of his/her legal rights to use such property, such as proof of ownership or easement grant.

5. The City will not accept any easement for the private service line nor will it accept any maintenance responsibility for the private line.

6. A meter shall be required at the tap or connection of the service line to the public water main. The purchaser shall pay for installation of the meter, but the master meter remains the property of the City.

7. The tap of the main and the installation of the meter shall be inspected and approved by the Citys inspectors.

8. Improvements shall be in accordance with all local, state, and federal requirements and standards, relating to the water systems.

9. The service lines shall meet the standards of and shall be in accordance with the Lawton City Code, 1995, or as hereafter may be amended. All builders shall be required to install a backflow preventer and valve.

10. Execution of an agreement between the individual seeking service and the City when the property is located outside of the City Limits incorporating terms and conditions consistent with the City Code and State Statutes.

B. Inside Drainage Basin:

Multiple Water Services means two or more residences of other structures located on a privately owned and maintained water supply system, outside the city limits but inside the drainage basin.

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1. All existing multiple water service users, who have contracts with the City, prior to the effective date of this Policy, which do not meet the standards outlined below shall continue to receive treated water under the terms of such contracts. However, no additional water service taps or connections shall be authorized unless all the area served under the contract meets the standards outlined below.

2. After the effective date of this Policy, treated water will be sold to multiple water users under the following conditions are met.

a. The developer or landowners, at their option, may request annexation into the municipal limits.

b. If the areas are to be annexed, all infrastructures, including water lines, shall be installed in accordance with City Code.

c. If the area is not to be annexed, private water lines connection to the city's water main shall be designed and installed in accordance with the City Code.

d. Improvements shall be in accordance with all local, state, and federal requirements and standars relating to the water systems.

e. Execution of an agreement with an association or other legal entity and the City incorporating terms and conditions consistent with City Code and State Statutes.

f. All builders shall be required to install a blackflow preventer and valve on the service line to the residence.

C. Outside Drainage Basin:

No water service shall be made available to areas located outside the drainage basin as shown on Attachment 1, unless located in the City limits except as follows:

1. The City Council Water Committee on the Sale of Treated Water Outside the City limits will consider each request on its own merit and forward a recommendation to the City Council.

a. The applicant shall provide the following information:

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1. Construction proposal.

2. Justification for the need for the treated water.

b. The applicant shall provide a statement from any water association or district that sells treated water in the area that may potentially serve the area requesting treated water from the City. The statement should include the districts ability and future plans to serve the area.

2. If approved by the City Council, water will be provided to the applicant upon completion of the following:

a. Extension of the City main to the City limits in accordance with the City Water Plan; and

b. The purchase and installation of a meter at the tap or connection of the service line to the City water main. The master meter remains the property of the City; and

c. The tap of the main and the installation of the meter shall be inspected and approved by the Citys inspectors. A backflow preventer and valve are required to preclude backflow and contamination; and

d. Execution of an agreement between the individual seeking service and the City when the property is located outside of the City limits incorporating terms and conditions consistent with the City Code.

3. Billing will be based upon the volume of water passing through the meter. A pumping charge, and such other overhead charges as may be appropriate, will be developed using the volume of water metered as an add-on charge to the billing. Such system deposits as appropriate will be included in the contractual arrangement for this service.

4. Should annexation of the property served ever be requested, all infrastructure of the area in question, including water lines, shall be in full compliance with the existing City Codes before any annexation actions can be undertaken.

D. The sale of treated water to Rural Water Districts, and other Cities and

Towns.

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1. Rural Water Districts, as established by State Statutes, and other

Cities and town, maybe allowed, by written agreement, to

receive treated water subject to the following guidelines:

a. The applicant may tap/connect to the nearest public water supply and install a master meter with backflow device.

b. Engineer, finance, and construct a privately owned water line to supply water to the applicant water system.

c. Subject to applicable rules and regulations of the Department of Environmental Quality (DEQ).

d. Subject to acquisition of easements or rights-of-way to

construct the water

e. No service connection, of any kind, to the privately owned water line within the drainage basin of the City of Lawton as shown in the Land Use Plan and Study for the City of Lawton.

f. That when a public water line is extended, adjacent to the privately owned water line, the applicant shall abandon that portion of the applicant system and connect to the public water. If the public water extension is constructed by the City of Lawton, the agreement shall be renegotiated between the City of Lawton and the applicant.

2. The Committee on Outside Water Sales will consider each request and forward with recommendation to the City Council.

REFERENCES: Development Timing Area Map is attached and made a part herein. Lawton City Code, Utilities. Lawton City Code, Subdivisions.Department of Environmental Qualities.

EFFECTIVE DATE/

RESCISSION: This policy shall be effective on and after October 12, 1999. This replaces council Policy 5-2 dated September 26, 1995.

RESPONSIBLE

DEPARTMENT: Planning and Special Studies

_____________________________

CECIL E. POWELL

MAYOR

October 12, 1999