11-1-10: SERVICE OUTSIDE CITY LIMITS:
   A.   Power To Furnish: The city council shall have power to furnish water from the city water supply system to any person or business located outside the corporate limits of the city, at reasonable rates filed by the city council and approved by the public service commission if required by statute, provided that delivery of water services by the city to or for the use of any person, factory or other industry located outside the corporate limits of the city shall be made within, or at the boundary line of the corporate city limits, or from any existing water line of the city located outside of the corporate city limits, except as hereinafter provided.
   B.   Power To Make Collections: The city council is empowered to make collections for furnishing water outside the corporate city limits in the same manner as collections are made inside the corporate city limits.
   C.   Unlawful Use Of Water; Penalty: Any person or business residing outside of the corporate city limits who wilfully turns on the water after the same has been shut off by or under the direction of the city for nonpayment of water charges, or who unlawfully takes water from the city water system or unlawfully makes use of the water system is guilty of a misdemeanor.
   D.   Annexation May Be Required: Any person or business receiving water outside of the corporate city limits may be required by the city, as a condition to initiate such service, to consent to annexation of the tract of property served by the city. The consent to annexation is limited to that tract or parcel or portion of tract or parcel that is clearly and immediately and not potentially being serviced by the water service.
   E.   Authority To Require Annexation: The city council has the authority to require annexation as a condition of continuing water service 1 . (Ord. 757, 3-18-2002)

 

Notes

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1. Also see MCA § 69-7-201 and Crosby Opinion Service volume 46, opinion 12.