This policy covers all water service extensions and additions involving either of the following:
(A) Extensions within the corporate limits of municipality. All of the provisions set forth in this subchapter shall apply to all new extensions made within the corporate limits of the municipality.
(B) Extensions outside the corporate limits of municipality. After the effective date of this policy, no extensions or water taps beyond the corporate limits of the municipality will be made unless all of the requirements set forth below are complied with in their entirety.
(1) All new extensions must be located immediately adjacent and contiguous to the corporate limits of the municipality and directly connected to the utility's then existing water system that is located within the then existing corporate limits of the municipality.
(2) No extensions of the utility's water distribution system (including new water taps) shall be made unless all of the area then being served or to be served by the mains or distribution system has been previously annexed to the municipality in the manner prescribed by law. Therefore, no extensions or new water taps will be made unless same are located entirely within the corporate limits and all of the water distribution facilities are owned by the municipality as specified in division (B)(3) of this section. The area to be annexed shall, as determined by the municipality, not result in any objectionable irregularities in municipality's corporate limit boundary lines.
(3) No extensions of existing facilities, including new water taps, will be made or permitted unless title and ownership of all water distribution facilities plus adequate right of way easements have been, by means of proper bill of sale, conveyed to the municipality. Therefore, no additional consumers will be supplied with water service to be furnished by the utility unless total ownership of all water distribution facilities has been previously conveyed to the utility.
(4) (a) For existing extensions financed by a developer and if the original developer has not been properly reimbursed to recover his or her unreimbursed original cost of the facilities to be conveyed to the utility, the utility shall act as trustee and shall develop a fair and equitable plan whereby the future consumers that are connected to the developer's system within five years from the date that the original extension was first placed in operation will pay an equitable connection charge to the utility.
(b) All of such connection charges received by the utility shall be distributed to all the consumers being served by the extension so that the amount ultimately paid by all water consumers by the end of the five years period will be equal, after giving proper consideration to the capacity requirements of each consumer.
(c) All connection charges shall be redistributed to the water consumers being served by the extension so that at and time all consumers will have contributed an equal amount of money, the total of which shall equal but not exceed the actual original total cost of the project. No refunds will be made after the aforementioned five-year period.
(d) The allocation of construction costs and connection charges to be paid by consumers shall be such that the provisions hereinafter set forth will be complied with.
(Ord. passed 5-1-80) Penalty, see § 10.99