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No connection of any sort or nature whatsoever shall be made to the waterworks of the city or the mains connected thereto, by any person, corporation or organization if the intended connection will service or otherwise benefit real property outside the corporate limits of the city, unless the owner of such real property has signed and filed with the office of the director of public works of the city: a) an irrevocable petition for annexation; b) an irrevocable petition for withdrawal from rural fire district 1; and c) an irrevocable agreement establishing the future applicable city zoning district in which the owner's property will be included upon annexation and a waiver of a change in the applicable county zoning district, if any, affecting such property.
Each and every agreement made between any property owner requesting and accepting water services inside or outside the corporate limits of the city shall include: a) an irrevocable petition for annexation to the city; b) an irrevocable petition for withdrawal from rural fire district 1; and c) an irrevocable agreement establishing the future applicable city zoning district in which the owner's property will be included upon annexation and a waiver of a change in the applicable county zoning district, if any, affecting such property; all of which shall be imposed upon the land as a covenant and easement running with the land for the benefit of the public. (Ord. 863, 12-1-2008)
An owner of real property lying outside of the corporate limits of the city may install, at such owner's sole expense, a public water main within public rights of way or public easements, after obtaining approval from both the city and all applicable state agencies, and after obtaining all applicable permits for construction and installation of such water main. In addition, the owner must comply with all of the provisions of section 3-4-7 of this chapter.
Such property owner must install the water main in conformance with the rules and regulations of both the city and the state of Montana, and under the direction of the city's director of public works. The property owner must grant to the city any and all easements required by the city for the operation and maintenance of any such water main which is connected to the city municipal water system.
Prior to commencement of construction and installation of such water main and subject to the city's acceptance and approval of such water main as finally installed, the property owner who financed such installation may request the city to enter into and establish a written rebate agreement and procedure by which some portion of the cost of installation of such water main may be rebated to such property owner by charging "latecomer fees" to other property owners who later connect to that water main during the fifteen (15) year period after installation. The property owner agrees to prepare and file with the city such data as the city requires to establish the rebate, itemizing all expenses in connection with the installation, including construction and engineering costs. Before the city's final acceptance and approval of the water main, the city and the property owner must agree in writing on a specific dollar amount of the rebate for each such later connection to the water main, taking into consideration the total cost incurred by the property owner in the installation, an estimate of the number of additional parcels that may become connected to the water main at a future date, and any other factors that the parties deem appropriate.
Upon acceptance and approval by the city of the water main as installed, and for a term of fifteen (15) years thereafter, the city agrees to charge and collect the agreed latecomer fees, up to the agreed upon rebate amount, from all other property owners desiring to tap into such water main for the purpose of providing public water service to their respective properties. Any such property owner desiring to tap into such water main shall not be issued a connection permit until the specified latecomer fee has been paid to the city. The latecomer fee is in addition to all connection fees and other charges required by the city. No latecomer fees may be charged or collected by the city and the property owner is not entitled to any rebate for any connection to the water main occurring after the applicable fifteen (15) year period.
The city treasurer shall establish a separate rebate fund for each approved water main rebate agreement as provided under this chapter, and shall disburse the rebate funds, when received, to the property owner who financed the installation, or to such party's proven heirs, devisees, personal representatives, successors or assigns. If no qualified payee can be located or if any funds remain unclaimed at the end of the applicable fifteen (15) year term, the rebate funds so collected shall revert to the general water funds of the city. (Ord. 863, 12-1-2008)
The city may, at any time, require a property owner's consent to annexation as a condition of continued water service. When the city determines to require such consent from a particular property owner, the city may notify the property owner, in writing, that the city seeks such consent and that if such consent is not given, the city will require that the property owner discontinue receiving water service. The property owner may notify the city in writing of his or her consent to annexation. If within thirty (30) days of the property owner's receipt of such notice, the property owner contacts the city and makes firm arrangements, in writing, to discontinue sewer and water service, then the city shall not further pursue obtaining the property owner's consent. If, however, the property owner has not, within such time period, made firm written arrangements to discontinue sewer and water service, then the city shall be entitled to treat the property owner as having consented to annexation of his or her property upon the expiration of such time.
If the property owner consents to annexation under any of the methods described above, the property owner may not thereafter withdraw his or her consent to any proposed annexation of his or her property. If the property owner consents to annexation under any of the methods described above, then the city shall be entitled to disregard any protest that such property owner makes to a proposed annexation of his or her property. Nothing herein shall prevent the city from seeking consent even if the city has previously obtained a waiver of protest from such property owner or from his or her predecessor in interest. (Ord. 863, 12-1-2008)
This chapter shall be in full force and effect upon approval by the city council through the authority granted to the city council by 69-7-101, Montana Code Annotated, 1983, and as adopted by resolution 2682 by the city council of the city. (Ord. 720, 1-16-1984)