No water or sewer service shall be provided to any property outside the corporate limits of the town, except upon compliance with one of the following:
(A) If the property is contiguous to the corporate limits of the town, the property owner(s) shall immediately petition for and obtain annexation of that property into the corporate limits of the town;
(B) If the property is not then contiguous to the municipal limits of the town, the property owner(s) shall enter into a written agreement with the town for the annexation thereof at the future date as it is determined by the Town Board that it is in the best interest of the town to annex the property. The request for annexation will remain open indefinitely, will bind the heirs, successors, grantees and assigns of the owner, developer, subdivider and the like, and may be accepted by the town at any time unless the area involved becomes annexed to some other municipality. The request for annexation may be withdrawn if the town does not approve plans for water and sewer services, as requested by the developer, owner, subdivider and the like, but not if the action is caused by failure to pay for services rendered or for damages done to the system or systems by the willful or negligent acts of the developers, subdividers, owners and the like, or their heirs, successors, grantees or assigns of the agents, servants, employees, invitees or licensees of any of them.
(OC, § 5-3-2(h)) (Am. Ord. passed 8-11-88)