§ 52.009  EXTRATERRITORIAL SERVICE.
   The city may, but shall in no event be obligated to, extend or maintain water service outside its municipal boundaries, and such service may be terminated by the city at any time. In order to ensure the orderly development of the city and use of city infrastructure and services, after the effective date of this section, water service provision and extension may be granted at the discretion of the city subject to the following minimum requirements.
   (A)   New extensions or service. New service shall not be extended or commenced outside the boundaries of the city to any property unless such property is annexed into the city by means of an annexation petition and agreement; or if not then capable of annexation, subject to an annexation agreement, all requiring compliance with the city’s ordinances and requirements; provided that, if the property is located in another incorporated city or village, such service may be extended only pursuant to a service agreement conforming with city requirements.
   (B)   Continued extraterritorial service. Service outside the city boundaries shall hereinafter be maintained only as follows.
      (1)   Residential dwellings. Within 60 days of mailing of notice to the owners of residential dwellings receiving city water service outside the city boundaries, the owners shall, if they wish to continue such service, execute and submit to the City Clerk either an acceptable annexation agreement and annexation petition if contiguous to the city, or an acceptable annexation agreement if not contiguous to the city, in all cases conforming with the requirements of the city. It shall be deemed a condition of continued service under any service agreement that if requested by the city the property owner shall submit an acceptable annexation agreement and annexation petition if contiguous to the city, or an acceptable annexation agreement if not contiguous to the city. Within 30 days of receipt of notice by the city of these requirements, each such owner shall notify the city if such continued service is requested as provided herein and to obtain from the city the required documents to be executed.
      (2)   Other properties. Within 30 days of mailing of notice to the owners of properties other than residential dwellings governed by division (B)(1) above shall, if they wish to continue such service, execute and submit to the City Clerk either an acceptable annexation agreement and annexation petition if contiguous to the city, or an acceptable annexation agreement if not contiguous to the city, in all cases conforming with the requirements of the city. It shall be deemed a condition of continued service under any service agreement that if requested by the city the property owner shall submit an acceptable annexation agreement and annexation petition if contiguous to the city, or an acceptable annexation agreement if not contiguous to the city. Within ten days of receipt of notice by the city of these requirements, each such owner shall notify the city if such continued service is requested as provided herein and to obtain from the city the required documents to be executed.
      (3)   Council approval. Nothing herein shall require the city to accept any annexation agreement, annexation petition or service agreement not deemed by the Council in the public interest, or otherwise provide service outside the boundary of the city; provided, however, that, service shall not be denied, terminated or maintained on any unlawful discriminatory basis.
      (4)   Notice; termination of service. Each owner of properties receiving service outside the boundaries of the city shall be given written notice of the requirements of this section. Such notice shall contain a statement providing that service shall be terminated without further notice if the requirements for future service are not satisfied as set forth herein. In the event that a property owner does not submit all required documents within the required time frame, or violates the provisions thereof, the service shall be terminated immediately thereafter.
      (5)   Variances; extensions. The requirements set forth herein may be varied and deadlines extended for good cause or undue hardship by application to the Council in writing.
(1999 Code, § 52.009)  (Ord. 3063, passed 7-16-2001)