§ 53.29 SERVICES OUTSIDE THE CITY.
   (A)   Excess water may be served to individual users, companies or water districts outside the City of Rockaway Beach limits under the rates, charges and rules as the City Council of Rockaway Beach may from time to time prescribe by resolution or as outlined under special contracts. Water served outside the city limits is intended mainly for household and sanitary use and is not intended for irrigation. The city reserves the right at any time to prohibit the use of water outside the city limits for purposes other than those stated. All regulations now in effect or hereafter promulgated by the Council for users inside the city shall apply to users outside the city except as provided by the Council of the City of Rockaway Beach. Service to users outside the city is hereby declared to be subject to the prior and superior rights of the people of the City of Rockaway Beach to the water at all times. The City of Rockaway Beach shall have the right to refuse to sell water when it appears that the best interest of the citizens of Rockaway Beach are served by the refusal, or to refuse to sell water to consumers who do not comply with the requirements of this subchapter.
   (B)   Sale of water outside the city limits shall be expressly conditioned that the city reserves the right to require any consumer, group of consumers, district or districts to build and maintain, at his, her or their sole expense, storage facilities of sufficient capacity; to hold a supply of water equal to the maximum demand of the consumer, group of consumers or district during any period of 3 consecutive days. The city shall give no less than 6-months’ notice of its intention to demand the storage facilities; and on the date named in the notice the consumer, group of consumers or district shall have the storage facilities provided and shall thereafter operate the same in the manner as the city shall prescribe. Order for construction of the storage works shall be given when and as operating conditions shall make the action necessary in order to safeguard the best interest of the citizens of Rockaway Beach.
   (C)   The city shall in no manner be responsible to consumers of water outside the city limits for failure of the system to deliver water, either due to voluntary stoppage of delivery of water upon order of the Council, operational failure or accident on account of repairs and alterations thereto.
(Ord. 06-399, passed 10-25-2006)