(a) Before any connection, tapping or attachment is made to any of the City's gas, water or sewer systems, or before service of those systems is transferred from one customer to another, to serve property outside the City limits, all of the owners of the property shall sign an annexation agreement. This agreement shall be in a form approved by the City. It shall state upon oath that the owner shall, upon the property served becoming contiguous to the territorial limits of the City, petition for annexation to the City. This agreement shall contain a legal description of all of the property to be served, and shall further provide that:
(1) The owners covenant and warrant that they are presently vested with good, fee simple title to the property;
(2) The covenants contained in the agreement are to run with the land and shall be binding upon the parties, their heirs, executors, administrators, assigns, grantees and all persons claiming thereunder;
(3) The petition for annexation shall be in proper form and shall comply with the appropriate statutes of the State;
(4) All expenses of annexation shall be borne by the owners;
(5) Upon the occurrence of the owners leasing or renting the premises, the owners shall make the agreement and the covenants therein contained a condition of lease, and it shall be binding upon the lessees, tenants or renters;
(6) The City may enforce the agreement by any legal remedy available to it, including, but not limited to, suit for specific performance;
(7) If the owners fail to perform the covenants, then the owners shall reimburse the City for all expenses incurred by the City, including, but not limited to, court costs and attorney's fees, for enforcement of the agreement.
(b) If the property to be served is contiguous to the territorial limits of the City, upon application the property must be annexed prior to any connection, tapping or attachment to the City's gas, water or sewer system.
(Ord. 2016-01-1. Passed 1-13-16.)