(A) The Council, after investigation and consideration, has determined that it is necessary to regulate the furnishings of water and sewer service in the regulated territory. REGULATED TERRITORY is all areas inside and within four miles of the town’s corporate boundaries, excepting therefrom areas located outside of the county, any area located inside the corporate limits of another municipality and existing end-user connections to other water or sewer utilities (meaning those not granted an exclusive license hereunder) as of the date this section is adopted
(B) This Council finds that the public convenience and necessity requires the town’s regulation of the furnishing of water and sewer service within the regulated territory and that the public interest will be served by the town’s regulation of the furnishings of water and sewer service within the regulated territory.
(C) Upon the adoption of this section, the town shall hold an exclusive license to furnish sewer service within the regulated territory, and all other utilities are expressly prohibited from furnishing sewer service within the regulated territory, except for those customers located in the regulated territory that are connected to another sewer utility as of the date this section is adopted.
(D) Upon the adoption of this section, a designated entity determined by permit issued by the town pursuant appropriate application shall hold an exclusive license to furnish water service within the regulated territory, and all other utilities are expressly prohibited from furnishing water service within the regulated territory, except for those customers located in the regulated territory that are connected to another water utility as of the date this section is adopted.
(E) Attached hereto and incorporated by reference herein is a map depicting the regulated territory, a copy of which shall be retained for public inspection at the offices of the town’s sewer utility during regular business hours.
(F) This section shall not be construed to prohibit an individual property owner from providing water service to such property owner’s lot through the drilling of a well on such property; provided, however, the water from such well shall not be used to provide water service to owners or lessees of other properties.
(G) The town’s existing rules and regulations for sewer service, as amended from time to time, shall apply to and within the regulated territory.
(Ord. 2007-3, passed 4-25-2007; Ord. 2007-9, passed 9-12-2007)