Legal Documents of Mountain City

1. Existing inside lots. The town may extend a main along an improved public street or highway within the town for the benefit of applicants who have property abutting on the street or highway along which the main is being extended, and whose property after the extension will be contiguous to said main. Such extensions will be made on application of one (1) or more applicants and only after the applicant has made a deposit equal to the estimated cost of the extension. All extensions shall be at the expense of the applicant or applicants. When the town desires a main larger than that required for the applicants needs, the town will be responsible for the difference between what is needed to serve the applicant and the desires of the town. The town may also participate in main extensions when warranted by high volume consumption, favorable return on investment, overall economic impact on the community, or where there is a threat to public health. When sewer mains are extended abutting houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the service area and abutting on any street, alley, or public right-of-way must connect to the sewer according to § 18-206, Connection to public sewers, of the Mountain City Code.
2. Inside and outside development.

   1. Developers desiring water and/or sewer main extensions must pay all of the cost of making such extensions. When the town desires a main larger than that required for the development, the town will reimburse the applicant for the difference between the two (2). Recovery of costs related to installation of mains along public streets and highways between existing town mains and developer's property line must be negotiated and agreed upon prior to construction approval.

      Developers desiring water and/or sewer main extensions must make application to the water and wastewater superintendent prior to any design or construction for the purpose of determining availability of lines and treatment capacity to serve the proposed extensions. The superintendent shall give the applicant a written statement stating the line and treatment capacity status of the system in the desired area, and where new lines may be connected into the existing system. If capacity is available for the requested extension, the applicant must then follow the details of this extension chapter and other policies established by the utility department. If capacity is unavailable the mayor and board of aldermen may require the applicant to bear all costs associated with capacity improvements imposed upon the town by the applicants development.

   2. The applicant must secure the service of an engineer registered in Tennessee to draft plans and specifications and submit those of the Tennessee Department of Environment and Conservation for compliance with the appropriate design criteria as required by state law or regulation.
   3. The superintendent shall then approve or disapprove the extension plan. He may request additional requirements but cannot allow construction at lower standards than the appropriate Tennessee design criteria. The superintendent shall then make his recommendation to the mayor and board of aldermen, who may approve the plan or request additional requirements but may not relax design criteria requirements.
   4. When the developer has TDEC and town approval, construction may begin under the following procedures:
      1. TDEC design criteria must be strictly followed;
      2. Construction located on private property shall have a utility easement to the town;
      3. The town reserves the right to inspect all lines and appurtenances including service lines and deny service to the development or customer in cases of substandard construction or materials;
      4. The design engineer must certify to the town:
         1. Construction fully complies with all TDEC design criteria; and
         2. All materials and construction have been fully inspected, tested and passed according to design criteria, with results of all pressure, vacuum and mandrel testing provided.
      5. Accurate as-built drawings must be provided as part of certification.
      6. Upon satisfactory completion of the extension, the town will give written notice of acceptance. Twelve (12) months following the date of acceptance, said main will become the property of the town. Within that twelve (12) month period the applicant will be liable for all maintenance and repairs on said main(s) that are the result of defective materials and/or workmanship. A performance bond no less than ten percent (10%) of the value of the main construction must be posted assuring repairs are performed during the warranty period.
      7. Final tapping of developer lines to town lines will be made only by town personnel or under the direct supervision of the superintendent.
      8. Water or wastewater utility service will be provided to the new extension only after full compliance with these requirements.
      9. Taps may be made by the developer to prevent future pavement cuts, but only under the following conditions:
         1. All equipment has been specifically approved by the superintendent. This includes meter sets, meter boxes, and other and all materials or equipment.
         2. Water meter boxes must be well marked and protected from damage.
         3. Sewer taps must be extended onto the property with a cleanout installed within five feet (5') of the property line, and they must be marked and protected from damage.
         4. As-built drawings clearly identify tap locations.
         5. As service lines are connected to taps:
            1. Superintendent or his designee must inspect the connection and service line installation.
            2. Only town employees will install water meters when full billing information has been established.
            3. The town will charge installation fees if developer-installed taps must be located, excavated, or moved.
3. Sewer service without Mountain City Water Service. Wherever sewer service is requested and water service is provided by another utility, a billing, collecting, and cutoff agreement must be in place prior to approval of sewer line construction. (1994 Code, § 18-109)

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