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Thursday, May 5, 2016

Council considers water problem

Thursday, June 21, 2007

The Cherokee City council deferred action on several agenda items at last week's meeting, awaiting further information.

One matter that will need legal clarification is who is responsible for repair costs when a capped-off water line develops a leak.

Two property owners have questioned whether they are responsible for repairing water lines that they didn't know existed until leaks developed.

These are lines that have been capped off decades ago, perhaps when property was combined or remodeled. It was noted that in the past, lines were capped off wherever convenient, usually not at the main line. This left unused line extending toward the property.

Wally Miller, Jr., city attorney, will look into the matter but his initial reaction is that, according to present city code, the property owner remains responsible for repairs to any line out from the main line.

"What may be fair is that the city should be responsible but what may be the legal requirement is that the property owner is responsible," Miller said.

The policy also needs qualification now because there are properties in the Doherty Addition where owners are seeking either a double lot or a lot and a half but all lots have water hookups. There is the possibility of creating unused lines for which future financial responsibility is unknown.

The Doherty Addition properties are also involved in another matter that has been deferred. There have been requests by current property owners in the Doherty Addition to purchase either a half lot or a second lot for the new discounted $1,000

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