§ 53.043 EXTENSIONS BEYOND EXISTING CORPORATE LIMITS AND ANNEXATION REQUIREMENTS.
   (A)   No water extensions will be made beyond the corporate limits of the municipality as they exist at the time such an extension is being considered unless they are involved beyond the corporate limits has been previously annexed to the municipality.
   (B)   Before such annexation will be considered by the municipality, in order that the area under consideration will not initially or ultimately become a burden or have to be subsidized by the then existing property owners and water consumers located within the then existing corporate limits, the area to be annexed must conform to and comply with the following conditions and requirements.
      (1)   The area will ultimately fit and conform to the municipality's long-term plan of orderly expansion. To this end, a plat map must be submitted to the municipality for its review and approval, setting forth the various improvements to be made as hereinafter referred to.
      (2)   Every deed conveying every lot or tract of land within the area under consideration shall contain a covenant (duly recorded) that specifies zoning and building restrictions and requirements that conform to the zoning and building code restrictions of the municipality.
      (3)   The street improvements, curbing, sidewalks, sewers and similar improvements to be made must be such that no greater burden will be placed on its citizens than would otherwise occur if such an area was already within the corporate limits. All of the foregoing improvements shall be paid for by the property owner in the area involved prior to annexation. All of the improvements shall conform to the municipality's construction standards and specifications.
      (4)   It will be efficient and practical for adequate services to be furnished, such as police and fire protection, transportation, street lighting, and the like.
      (5)   The extension is economically feasible not only considering the extension itself, but as to its overall effect on the balance of the water system both from an economic and practical operation point of view, after giving proper consideration to the long-term plans and probable future growth of the utility's water system.
      (6)   The extension under consideration can be connected to the existing lines of the utility's water system without jeopardizing service to other existing consumers and without the likelihood of subjecting the utility to make in the near future a substantial investment in additional facilities elsewhere in its system in order to adequately serve the extension under consideration.
      (7)   The cost of all water line extensions and companion other facilities and appurtenances are to be paid for by the applicant as provided elsewhere herein.
      (8)   All of the charges and other provisions contained in the utility's general rules and regulations covering water service are complied with.
      (9)   In addition to water service, the plans and specifications for separate storm and sanitary sewers and sewage facilities shall also be submitted to the municipality for its approval. The plans shall, in general, conform to the utility's standards and that it is practical and economically feasible to connect and supply same from the municipality's then existing sewage system without enlargement of same. Should such enlargement be necessary, it will be contingent upon the execution of a special agreement to finance same. All such sewer facilities shall be installed prior to annexation acceptance by the municipality.
      (10)   In the event annexation of the area involved is delayed due to legal or other causes beyond control of the applicants for water service, the municipality reserves the right to furnish water service subject to the following. The following generally applies but is not necessarily limited to new multiple lots subdivisions or developments and to the extent applicable al applies to requests for water service to individual lots.
         (a)   All of the requirements as to improvements and the like previously set forth for the area involved have been complied with.
         (b)   The property owner of each premise to be served outside the corporate limits shall, before water service is established, execute a covenant to run with the deed (to be properly recorded) covering the property involved stating that, upon demand by the utility and within ten days of the demand, the property owner will sign a petition requesting that owner's property be annexed to the municipality.
         (c)   In the event the property owner fails to execute the annexation petition, the utility reserves the right to disconnect and to discontinue all water service to the premises involved, after the utility has given three months written notice to the property owner to that effect.
(Ord. passed 5-1-80)