(a) Any person desiring utility services furnished by the city to property which is outside the limits of the city shall, prior to the furnishing of utility service by the city, including water and sewer, file a petition for annexation which shall be in the form prescribed by V.T.C.A.., Local Government Code, § 43.028 and execute a written agreement providing minimum requirements as follows:
(1) The furnishing of utility services shall not be construed to compel the city to furnish consumers beyond the corporate limits or to continue such supply once begun.
(2) The city reserves the right to furnish such customers it deems advisable, and to, at any time wholly or partially discontinue the utility service.
(3) Any utility main constructed outside of the corporate limits shall be entirely at the owner’s expense and it, as and when incorporated within the city, shall become the property of the city without reimbursement to the owner; and, the city assumes no responsibility or liability for satisfactory service maintenance, pressure or wastage until it acquires sole ownership as a part of its utility system.
(4) In the event of a relocation or the construction of a permanent line or main, the property owner shall pay the pro rata cost on his or her property at the then applicable rates, and connect his or her service to said permanent line or main.
(5) Exception. In no event shall sewer service be furnished beyond the corporate limits unless the persons desiring sewer utility service are currently receiving water from the water utility of the City of Chico, Wise County, Texas, or an agreement consistent with the provisions of this section to provide city water utility service to the petitioners property has been reached.
(b) The City Council may, if in their judgement it is deemed advisable, render water or sewer services to premises situated outside of the corporate limits of the city upon complying with this section, and in addition, subject to the following conditions and rules.
(1) Water - application; construction and materials requirement. Any person desiring to use the water shall, when an extension of a main is necessary to render such service, make application to the Public Works Department requesting service, and shall state in such application the exact location of the premises to be served and the purpose for which the water is to be used. Such application shall also contain an agreement signed by the owner of the property to be served which will render the owner liable for all water rates or charges accruing under such service. In the event such application is granted, such person so applying shall, at his or her own cost and expense, lay the kind and character of water pipe prescribed by the city, the minimum size of which shall be six (6) inches, before connection with the city water main; furthermore, any such person shall, at his or her own expense, purchase a meter together with a meter box and necessary fittings, all of which shall be of the kind and character prescribed by the Public Works Department, for the purpose of measuring water so petitioned for by the person, and such water pipe and meter shall be kept at all times in a good condition of repair at the cost of such person using the water and such water connections so made, and all pipes laid by such person shall be in accordance with the regulations governing connections and the laying of water pipes within the city.
(2) Sewer - application; construction and materials requirements. Subject to subsection (a)(1) above, any person desiring sewer service shall, when an extension of a main is necessary to render such service, make application to the Public Works Department, requesting service, and shall state in such application the exact location of the premises to be served and the purpose for which wastewater treatments required. Such application shall also contain an agreement signed by the owner of the property to be served which will render the owner liable for all sewer rates or charges accruing under such service. In the event such application is granted, such person so applying shall, at his or her own cost and expense, engineer the proposed sewers and provide detailed plans and specifications for review by the city’s engineer. Furthermore, any such person shall, at his or her own cost and expense, construct the sewer pipe, manholes, or lift station, and related appurtenances, all of which shall be of the kind and character prescribed by the Public Work’s Department, for the purpose of wastewater treatment so petitioned for by the person, and such sewer collection system shall be kept at all times in a good condition of repair at the cost of such person using the collection system so made, and all materials laid by such person shall be in accordance with the regulations governing the construction of sewer mains within the city.
Editor’s note:
State law reference - Authority to operate utilities and prescribe rates, V.T.C.A., Local Government Code, § 402.017; city has exclusive jurisdiction over all water and sewer utility rates, operations, and services provided by a water and sewer utility, V.T.C.A., Water Code, § 13.042; authority to control and regulate waste discharges and require pretreatment, V.T.C.A., Water Code, § 26.176 and § 26.177.
(3) Written permission to connect. When such extension of water or sewer mains or service pipes have been installed outside of the corporate limits and application for additional service is made to connect with such extension or service pipe, such applicant shall present with his or her application written permission to connect with such extension of the main or service, signed by the original applicant who paid the original cost thereof or by his or her assigns.
(4) City not liable for maintenance of pipe; discontinuance. The city shall not be liable for the maintenance of any water or sewer main or service pipe lying outside of the corporate limits of the city and the right is reserved to discontinue water or sewer service through any such main or service line which causes a waste or leakage of water or sewer.
(5) City not liable for defective condition of pipe or ditches. The city shall in no case be liable on account of any defective condition in any water or sewer pipe, or in any trench or ditch dug for the purpose of laying water or sewer pipe by any person desiring to make connection with any of the city's mains, and it shall always be expressly understood that the person using said water or sewer shall, at all times, keep the pipes, related appurtenances, and other connections in good condition of repair, and shall be liable for all damages occasioned to any person or property by reason of any defective condition arising through the want of repair, or otherwise, to the water or sewer pipe or the ditches in which the same are laid.
(6) City may revoke permission. It is further understood that in no event will the city, under the terms of this section, be obligated to continue to furnish water or sewer service to any person outside of the corporate limits, but may revoke the permission at any time without notice.
(7) Regulations. All such service outside the corporate limits shall, in all respects not otherwise provided herein, be subject to the same regulations for service and the manner of paying the compensation, as provided for service inside of the corporate limits.
(8) Placing of meters. All meters serving premises outside of the corporate limits shall be set inside (or as near as practicable) the corporate limits, and the city shall not be responsible for the condition of any mains, pipes or services outside of the corporate limits or beyond the meter serving such premises.
(9) If approval is granted to locate the meter beyond the corporate limits, an inline valve shall be installed at the corporate limits in its place.
(Ord. 4-6-2004-2, passed 4-6-04)