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8-1-6: CONNECTIONS OUTSIDE CITY LIMITS 1 :
In order to obtain municipal water and sewer system service to parcels which are either partially or entirely outside of the corporate city limits, there shall be compliance with the following provisions:
A. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The city council shall establish an application fee, which fee shall be based upon various classes of applications as recommended by the public works superintendent given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcels for which service is being applied, the name and address of the legal owners of the parcels, and purpose of the requested service.
B. A completed application must be filed with the public works superintendent.
C. Following the filing of a completed application form and the payment of the application fee, the public works superintendent shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this section as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the municipal water and sewer system to provide an acceptable level of service to developed parcels with existing service within the city limits which shall not be compromised.
D. The public works superintendent shall then review the findings and recommendations with the applicant for comment.
E. The public works superintendent shall then submit the application and a report of recommendation(s) to the city council regarding the application.
F. The city council, in the exercise of its discretion, may either grant or deny the application after review of the application and the report of recommendation(s) of the public works superintendent.
G. In the event the council grants the application, it shall include as a condition that the legal owner(s) of the parcels shall enter into an "agreement for hookup to the city of Melba's water and sewer system outside the city limits" (hereinafter in this section referred to as the "agreement"), which agreement form shall provide that the legal owner(s) of the parcel(s) agrees that the provisions of the city's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system, including hookup and service fees, as applied terms of the agreement and which form shall also provide that the owner(s) of the parcel(s) agrees to the annexation into the city of the parcels serviced; and the council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the city limits and to assure that the proprietary funds of the city domestic water and sewer services are not used for the extension and/or enlargement of the system which conditions shall also be included in the agreement.
H. The water and sewer user of the parcels serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the agreement so long as the property being served remains outside of the corporate limits of the city. (Ord. 211, 8-14-2006)
1. See also subsection 8-1-9D of this chapter.