Article 10 - Regional Water Lines

Pursuant to this Part 2, the County, the Utilities Director, any person, or any developer may request that a
regional water line be constructed. A regional water line (see Article III, §93-40) is a transmission line or a
distribution line and associated improvements installed by the Authority at the request of the County
pursuant to the Regional Water Agreement. The provisions of Article 4, above, shall apply to all regional
water lines to the extent not in conflict with this Article 10.

The following procedures must be followed when requesting a regional water line:

1. Application requirements. All requests for a regional water line must be initiated by and through the Utilities Director. Any person who is desirous of requesting a regional water line shall be required to make application to the Utilities Director on the approved form. Said application form shall be completely filled out, properly signed and notarized. The applicant shall be required to comply with the following application requirements:
   1. The applicant shall state on the application the name of the person(s) by whom the application is made, which shall be the customer(s) or his/their duly authorized agent.
   2. The applicant shall be required to provide two copies of all information required by Subparagraphs III(B)(1) and IV(A)(1), (2), and (3) of the Authority Policies, such subparagraphs being incorporated by reference as if fully set forth herein.
   3. The applicant shall be required to state all anticipated customers to be served by the regional water line, the anticipated water usage by each customer, and an anticipated connection date of each customer.
   4. The applicant shall be required to provide an estimate of cost of installation of the regional water line assuming that it is constructed in accordance with the requirements for extensions stated herein, prepared by a duly licensed engineer.
   5. All customers shall be required to sign a water service agreement guaranteeing payment for water services to be provided.
   6. The applicant shall be subject to the fee schedule adopted by the County and/or the districts.
2. Meeting required. Upon receipt of an application for a regional water line and all information required by this Article 10, the Utilities Director shall conduct an initial review of the application for conformance with the requirements of this Part 2. Upon completion of the initial review, the Utilities Director shall meet with the applicant to make sure that enough information has been provided to enable the Utilities Director to make application to the Authority for the regional water line. In the event the Utilities Director determines that more information is needed, the applicant shall be required to provide such additional information. The Utilities Director may require that more than one meeting be held with the applicant. The Utilities Director shall use the meeting(s) as an opportunity to gain a thorough understanding of the regional water line being requested.
3. Submission to the Authority. When the Utilities Director has met with the applicant, has obtained all required and requested information, and has gained a thorough understanding of the requested regional water line, the Utilities Director shall make a final determination as to whether the application conforms to all of the requirements of this Part 2. Upon such a determination, the Utilities Director shall approve the application on behalf of the County, and shall then send a written request for a regional water line to the Authority Director, and shall convey a copy of all information submitted by the applicant to the Authority Director.
4. Meeting with the Authority Director. At such time as is convenient to both the Authority Director and the Utilities Director, the Utilities Director shall meet with the Authority Director to discuss the requested regional water line. As required by Subsection 6.1(B) of the Regional Water Agreement, the Utilities Director and the Authority Director will determine the projected regional water line costs and the projected regional water line revenues for the regional water line to be received over a 9 year period, said Subsection 6.1(B) being incorporated by reference as if fully set forth herein.
5. Report back to applicant. Upon a determination by the Utilities Director and the Authority Director of projected regional water line costs and the projected regional water line revenues for the regional water line to be received over a 9 year period, the Utilities Director shall report said costs and revenues to the applicant(s). The applicant(s) shall be required to notify the Utilities Director in writing of whether he/they wish to proceed with the application or not, taking § 93-68A into account. If the applicant(s) indicates that he/they wish to proceed, he/they shall be required to sign a water service agreement, and to obtain signatures on water service agreements from all anticipated customers of the regional water line.

1. Upon a determination by the Utilities Director and the Authority Director of projected regional water line costs and the projected regional water line revenues, the Utilities Director shall confirm them in writing to the Authority Director. Provisions contained in Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement shall control the regional water line project. Said Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement are hereby incorporated by reference as if fully set forth herein. Additionally, the following requirements shall apply:
   1. Additional payments required. Pursuant to the Regional Water Agreement, the Authority is required to contribute an amount equal to the projected regional water line revenue to be received over a 9 year period to the cost of the regional water line. If the projected regional water line revenues for the requested regional water line are insufficient to pay the projected regional water line costs, the applicant(s) shall be required to pay the difference to the County for payment to the Authority. Additionally, if at the end of a 9 year period after completion of the regional water line by the Authority, the actual net revenues received by the Authority are less than the actual regional water line cost, the applicant(s) shall be required to pay the difference to the County for payment to the Authority.
2. Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor Section X of the Regional Water Agreement shall be made subject to binding arbitration. Binding arbitration as a means of dispute resolution is only limited to those provisions specifically referenced as being subject to binding arbitration in the Regional Water Agreement.

1. Pursuant to the terms of the Regional Water Agreement, and pursuant to Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the regional water agreement, the County, by and through its Utilities Director, may request a regional water line from the Authority. Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement are hereby incorporated by reference as if fully set forth herein. The County shall be required to provide all information required by § 93-67 above, and to comply with all of the requirements of § 93-67 and 93-68 above, to the same extent as an applicant.
2. Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor Section X of the Regional Water Agreement shall be made subject to binding arbitration. Binding arbitration as a means of dispute resolution is only limited to those provisions specifically referenced as being subject to binding arbitration in the regional water agreement.