(a) Grounds for denial of wastewater service. Wastewater service to premises inside or outside the city must be denied if:
(1) the premises are subject to frequent, severe flooding;
(2) the wastewater main serving the premises surcharges or overflows due to infiltration of ground water from the premises; or
(3) the premises are subject to being flooded by a surcharged wastewater main due to the elevation of the premises in relation to the actual or proposed wastewater main.
(b) Indemnity agreement. Notwithstanding Subsection (a), the director may provide wastewater service where these conditions exist if the owner agrees in writing to defend and indemnify the city and save it whole and harmless against all damages, costs and expenses caused by the surcharging, backflow or overflow of the wastewater main serving the premises.
(c) Effect of agreement. The indemnity agreement, when executed by the owner, constitutes a covenant running with the land binding upon the owner, his heirs, successors and assigns. The agreement must be approved as to form by the city attorney and must be filed in the deed records of the county in which the premises is located. (Ord. 19201)