§ 51.11 ANNEXATION REQUIREMENT FOR NEW OR UPGRADED UTILITY CONNECTIONS.
   (A)   It shall be the policy of the city to require that the owner of any property located outside of the city (the “subject property”) requesting either new or upgraded water service (“utility service”) be required to petition to annex such property into the city at such time utility service is requested or, if the subject property is not yet contiguous to the boundaries of the city, at such time as the subject property becomes contiguous to the boundaries of the city.
   (B)   If the subject property is contiguous to the city at the time such request is made, the owner thereof shall be required to submit an annexation petition, (a “petition”) to the city at such time as the owner applies for utility service.
   (C)   If the subject property is not contiguous to the corporate boundaries of the city at the time the owner requests utility service, the owner of the subject property shall execute a declaration of annexation covenant (the “annexation covenant”) as a condition of receiving utility service. The annexation covenant shall requiring the owner of the subject property and any successor in interest to the owner of the subject property, or any portion thereof, to submit a petition at such time as the subject property, any portion thereof, becomes contiguous to the city’s boundaries. The form of the annexation covenant shall substantially conform the form of an annexation covenant approved by the Council.
   (D)   The Council may waive this requirement with respect to any property through the adoption of a resolution that includes specific finding justifying such waiver and a finding that such waiver is in the best interest of the city and its citizens.
(Ord. 2024-010, passed 6-11-2024)