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SEC. 49-40.   SERVICE OUTSIDE THE CITY.
   (a)   Authority to regulate wholesale service. The director is authorized to promulgate policies and regulations, not in conflict with this chapter or other laws, regarding the service of new and existing wholesale service customers outside of the city.
   (b)   Reciprocal service agreements. The director is authorized to negotiate reciprocal service agreements with other governmental entities covering retail service to limited areas outside of the city, at rates and under such terms and conditions as the parties agree upon, subject to the approval of the city council.
   (c)   Existing service outside the city. The director is authorized to continue retail service to those areas outside of the city for which the city has previously assumed the obligation to serve pursuant to written agreement authorized under city charter, city ordinances or state law. The director is not required to serve new retail customers outside the city, but the director may serve such customers if he determines that service is within the reasonable service area and capability of the city, subject to the following additional rules:
      (1)   The applicant shall sign a service contract, on a form prescribed by the director and approved by the city attorney, agreeing to:
         (A)   build facilities at his cost;
         (B)   abide by the terms of this chapter; and
         (C)   fully indemnify the city against all damages of any character that may arise out of the construction, operation or maintenance of facilities used to connect to the water or wastewater system.
      (2)   The applicant shall provide for the laying of all facilities and appurtenances necessary to reach a connection point designated by the director, and the facilities must be built in strict accordance with the requirements and specifications of the department.
      (3)   The meter at the designated connection point must be located inside, or as near as practicable to, the city limits. The meter must be operated and maintained by the city.
      (4)   The director may revoke permission to serve at any time if he determines that the terms and provisions of this chapter, or any additional conditions of service, are being violated.
      (5)   The director may promulgate reasonable rules, not in conflict with this chapter or other laws, as additional conditions of providing retail service outside of the city and in aid of administration of this subsection.
   (d)   Applicability of chapter. Except in the case of a reciprocal service agreement, a retail customer outside the city will be subject to the same applicable provisions of this chapter as is a customer inside the city, which provisions must be made a part of any agreement entered into for the service. (Ord. 19201)