All applicants for water or sewer service to properties outside the town's corporate limits shall, prior to connection to the town's water or sewer service, agree to be voluntarily annexed into the town and shall adhere to the following procedures and criteria.
(A) If the town is, in its sole discretion, unable to provide the property owner with all other services as required by state law, the property owner must execute an agreement with the town permitting the town to annex the property at such time as the town determines the property is eligible for annexation. An agreement shall also serve as a duly filed petition for voluntary annexation. The agreement and petition for voluntary annexation shall be binding upon the heirs, successors in title and assigns of the property owner.
(B) If the town is, in its sole discretion, able to provide the property owner with all other services as required by state law, the property owner must file a petition for voluntary contiguous or satellite annexation, as appropriate, to the town. Failure to file the petition, and to annex if the petition is approved by the Town Council, shall result in denial or immediate termination of the applied for utility service.
(C) This section shall not apply where the town has a previously established contradictory policy or agreement with another public body that concerns the affected property.
(D) For the purposes of this section,
PROPERTY OWNER means any business, entity, organization, individual or group(s) of people having an ownership interest in real property.
(Ord. passed - -2007; Ord. passed - -2008)