§ 52.023 WATER MAIN EXTENSIONS TO AREAS NOT PREVIOUSLY SERVED.
   (A)   Extensions - discretion. The water utility may, in its sole and absolute discretion, furnish water to properties located outside of the corporate boundaries of the city upon such terms and conditions as are acceptable to the water utility. Water main extensions to areas not previously served shall be made in conformity with the then current city’s water utility standards.
   (B)    Condition to extension. Furnishing water to any property located outside of the corporate boundaries, the owners of such property shall sign a waiver and an agreement binding upon themselves, their heirs, assignees, and grantees, agreeing therein to incorporate their property into the corporate boundaries of the city and waiving their rights to object to annexation when and if the city decides by ordinance that the land so affected by the terms of the ordinance should be annexed to the city.
   (C)   Contracts for extension. If the water utility, with the approval of the Board, elects to furnish water to properties located outside of the corporate boundaries of the city, then in addition to the waiver and agreement described in division (B) above, the Board may enter into contracts with individuals or corporations for the extension of service lines and services of the city’s water utility. In addition to terms and conditions set forth under divisions (A) and (B) above, any contract may further provide as follows.
      (1)   All extensions of public water mains shall be paid for at the expense of the owners of the benefitted properties, except as authorized by the City Board.
      (2)   The extension of public water mains shall create no obligations of the city other than those obligations pertaining to furnishing water as set forth under this subchapter and any contract.
      (3)   Any new customer upon whose property is installed a water well will be required to abandon such well within one year from the date on which such customer’s domestic service is provided from a public water main in accordance with state law.
      (4)   The City Utility Manager shall install or cause to be installed service lines according to the plans and specifications of the city’s Water Utility.
      (5)   The person installing such extension, tap on, or otherwise performing the work and labor necessary for the installation of the service line extension or tap shall carry worker’s compensation insurance and public liability and property damage insurance in a sufficient amount to save the city and the water utility harmless from any and all liability, such amounts to be set out in each individual contract.
      (6)   Any easements necessary for the construction of said service lines shall be made in the name of the city and for the benefit of the city and that after the construction of the service lines the service lines shall become the property of the city.
(Ord. 2019-25, passed on 5-13-2020)