(A) Except under certain conditions the city will provide water and sewer utility services only to properties within the corporate limits of the city and will only allow the extension of such lines to serve properties that are within the corporate limits of the city. No water or sewer service shall be provided to any property outside the corporate limits of the city unless the owner of the property petitions for voluntary annexation and the City Council approves that annexation prior to the receipt of water and or sewer services, or the City Council approves an exception to this section.
(B) A property owner may be permitted to connect onto an existing city water and or sewer line when annexation of the site is judged by the City Council to be premature and when the following conditions are met:
(1) All plumbing fixtures and facilities shall be in compliance with the appropriate building codes and or County Health Department regulations.
(2) All owners must execute a written agreement with the city committing to submit a voluntary annexation upon request by the city.
(3) The City Council may approve the provision of water and sewer utility services to serve other jurisdictions, government entities or private utilities.
(4) Any property that is outside the city limits and is already served by city water and or sewer shall be deemed exempt from these provisions. However, no further extensions or increases may be made on affected property without permission from the city.
(C) Prior to a property authorized by the City Council as an exception to this section receiving water and or sewer services all owners must execute an agreement with the city. This document shall be recorded in the Office of the Register of Deeds of Rockingham County. In such agreement and in return for water and or sewer service, the property owners shall declare and agree that as long as the property remains outside the corporate limits the property shall be subject to the following conditions:
(1) The property shall be subject to the city’s outside water and or sewer rate schedule.
(2) That the property shall not be further divided or subdivided to create more lots or principal building sites.
(3) That the property owner or their successors and assigns, upon sufficient notice of by the city, shall execute all documents required to accomplish voluntary annexation.
(4) That if following such notice, the owner fails to execute the documents to accomplish voluntary annexation, then the city shall terminate the water and or sewer service to the property.
(5) The owner shall not oppose or support opposition to an annexation initiated by the city that includes any or all of the property to which water and or sewer service was provided by the city.
(Ord. passed 9-19-06)