921.28 WATER DEPARTMENT CONTROL.
   (a)   Purpose. The purpose and intent of this section is to prevent the unauthorized growth of the Enon water distribution system without control of the Council thereby creating inadequate quantities of water and the overtaxing of production and storage facilities.
   (b)   Definitions.
      (1)    "Surplus water" means water produced in excess of that quantity required to meet the needs of the water customers as shown in the annual report multiplied by one hundred fifty percentum (150%).
      (2)    "Wholesale sale of surplus water" means water sold thru bulk meters to Clark County Utilities for sale to County customers using the County distribution systems.
      (3)    "Prior approval" means written agreement by Council that surplus water is available for sale and shall set forth any conditions or requirements to be met by the purchaser.
   (c)    Responsibilities.
      (1)    The Water Department produces water for the use of residents and commerce within the Village and on Village owned water distribution system.
      (2)    The Department is empowered to sell surplus water to the County Utilities on wholesale contracts.
      (3)    The Department shall make all reasonable efforts to provide water to all of its customers.
   (d)    Regulations.
      (1)    No extensions shall be made to wither the Clark County or the Village owned distribution systems without prior approval by Council.
      (2)    There shall be geographically described water service districts to govern the enforcement of subsection (d)(1) and a map shall be prepared designating such districts and made a part of this section.
      (3)    The Village shall make a decision on prior approval on a written request for same. Decision will be made based on availability of surplus water, ability to deliver water geographically and hydraulically, and the effect requested extensions would relate to the basic obligations to residents of the Village. Approval may be made with conditions not herein enumerated.
      (4)    Prior approval shall be certified to the Clark County Planning Commission or to the Enon Planning Commission whichever is responsible for approval of the subdivision or development requesting the extension and service.
      (5)    The passage of this section will serve as notification to all responsible commissions or political bodies of such ordinance and the same should be held responsible for compliance therewith.
      (6)    This section shall hold safe any development or subdivision preliminary approval contingent upon the use of Enon water prior to the passage of the section.
      (7)    Rules and regulations shall be drawn to implement this section and shall not be in conflict therewith.
(Ord. 2019-03. Passed 3-13-19.)