§ 18-34.  Same—Agreements required.
   (a)   Applications for extension of city water and/or sewer services will generally not be considered unless:
      (1)   The subdivider, developer or property owner agrees in writing that the area so served, if not already inside the city limits, will be annexed to the city at the city's option at such time as the city determines such annexation is in the best interest of the city and the area so served and the subdivider, developer or property owner agrees therein not to protest such annexation.
      (2)   The subdivider, developer or property owner agrees to pay the cost of all local water distribution mains, including valves, fire hydrants, fire hydrant gauge mains, and service connections, and the cost of all collector sewers, including manholes and service connections, under one or other of the payment plans set out in sections 18-35 and 18-36.
      (3)   The subdivider, developer or property owner agrees to furnish without the cost to the city sufficient and adequate easements on which water or sewer mains may be placed within the area to be served.
      (4)   The subdivider, developer or property owner understands his obligation to abide by the subdivision and zoning regulations of the Danville-Boyle County Planning and Zoning Commission and the StandardConstructionSpecifications,RulesandRegulations of the city.
      (5)   It is understood and agreed that in areas where annexation is reasonably certain in the foreseeable future, the city water service will not be extended unless city sanitary sewer service is also extended.
   It is intended that the requirements set out hereinabove be included in a written agreement between the city and the subdivider, developer or property owner as a condition precedent to any and all extension of water or sanitary sewer service to the area being developed, whether within or without the city limits.
   "Extension" shall be defined as any addition to the existing system and/or any change in the scope of existing services.
   (b)   The above requirements apply to such applications; however, the board of commissioners may, by resolution or order, grant a waiver of any or all of these provisions when it is deemed to be in the best interest of the city to do so.
(Code 1977, § 11.080; Ord. No. 1289, § 1, 5-12-81; Ord. No. 1317, § 1(4), 6-28-83)