§ 52.028 WATER SERVICE OUTSIDE CORPORATE LIMITS.
   (A)   Eligibility. At no time shall the town grant water service to a customer outside the corporate limits of the town unless a majority of the Board of Trustees takes action at a duly called meeting of the Board of Trustees specifically allowing such water service.
   (B)   Determination. Prior to such action as described in division (A) above, the Board of Trustees shall consider the following items in order to ensure that the public welfare shall be preserved.
      (1)   Would service affect the ability to provide service to customers within the corporate limits of the town?
      (2)   What is the economic benefit to the town?
      (3)   What affect will this service have on future development and annexations by the town?
      (4)   What factors prevent annexation of the property to be served by the water service?
   (C)   Finding. Prior to granting or denying water service outside the corporate limits of the town, the Board of Trustees shall include in their decision a finding which explains the factors explored in the determination.
   (D)   Customer responsibility.
      (1)   All services which currently existed upon the effective date of this code shall remain the responsibility of the customer.
      (2)   At the time any customer located outside the corporate limits requests re-tapping of a town water main, the existing installation must be upgraded and will meet all requirements described in division (E) below.
   (E)   Service requirements. All services granted according to this code shall meet the following requirements.
      (1)   The owner/developer shall be responsible for the extension or creation of water transmission facilities and mains to and from the property to be served.
      (2)   The water system shall be designed and installed by the developer/owner in accordance with the requirements of the town.
      (3)   Water mains shall be installed to serve each lot.
      (4)   (a)   All pipe and other transportation materials, upon installation, shall be deemed to be the exclusive property of the town.
         (b)   Further, prior to installation, the customer shall be responsible for acquiring appropriate easements for the installation of necessary equipment.
         (c)   Such easements for water lines shall be deeded and dedicated as exclusive easements in favor of the town and no structure or other obstruction other than fences and landscaping shall be allowed within a water line easement.
      (5)   Water line easement acquired shall be recorded with the County Clerk and Recorder.
      (6)   All installations shall meet all the requirements for service lines and water meters in this chapter.
      (7)   (a)   The town may require larger mains to be constructed in order to serve the needs of adjacent property owners.
         (b)   When this occurs, the town may enter into an agreement with the customer to collect from adjacent landowners a pro-rata share of the construction costs and refund such costs to the customer at the time of each connection. Any cost recovery agreement shall meet the requirements of the Land Development Code of the town.
   (F)   Rates outside the corporate limits of the town. All services connected to the town water system shall pay two times the rates shown in § 52.025 of this chapter.
(Prior Code, § 135.4.11) (Ord. 398, passed 6-6-1996; Ord. 577, passed 11-6-2014; Ord. 586, passed 12-3-2015)