(A) Notwithstanding the conditions and requirements imposed herein, the city may allow water service to a residential parcel of real estate if the subject real estate is located in Elkhart County in the area bounded on the north by Country Club Drive/Medford Street, on the east by Osolo Road, on the south by Bristol Street and on the west by Johnson Street/CR 9 (the "affected properties") without imposing the condition that the property owner petition the city to annex the subject real estate and without the condition that the property owner execute a waiver of remonstrance to annexation.
(B) Any such extension of water service shall be allowed to an affected property upon the execution of a water supply extension agreement between the city by its Board of Public Works and the property owner of the affected property upon such terms and conditions as may be deemed necessary by such Board and providing that:
(1) The property owner shall pay all usual and customary water usage fees imposed by the city;
(2) The property owner will continue to pay such fees or be subject to disconnection of the water service by the city; and
(3) The agreement will terminate 30 years after the date of its execution, subject to being renewed for an additional 15 year time period.
(C) The Board of Public Works shall have the authority to waive the assessment fee for any affected property that is residential in nature and is being occupied by the property owner.
(Ord. 5609, passed 8-7-2017)