§ 38-4-5 APPLICATION FOR TAPS AND SERVICE CONNECTIONS TO WATER WORKS SYSTEM.
   (A)   Application for taps and service connections to water works system for property inside the city. An applicant desiring a water tap or service connection with the water system of the city for property inside the city shall file the prescribed written application at the City Hall, signed by the owner of the property for which the tap or service connection is desired, or by the duly authorized agent of such owner. The application shall be accompanied by payment of the fee hereinafter prescribed to cover the costs of such service connection and meter; in the event such application is made by an agent for the owner, then the application shall also be accompanied by the written authority of the owner to the agent for the making of the application.
   (B)   Application for taps and service connections to water works systems for property outside the city. An applicant desiring a water tap or service connection with the water system of the city for property outside the city shall file the prescribed written application at the City Hall, signed by the owner of the property for which the tap or service connection is desired, or by the duly authorized agent of such owner. The application shall be accompanied by payment of the fee hereinafter prescribed to cover the costs of such service connection and meter; in the event such application is made by an agent for the owner, then the application shall also be accompanied by the written authority of the owner to the agent for the making of the application.
      (1)   If the property for which a water tap or service connection is requested is contiguous to a boundary of the city so as to permit annexation of the property by the city; (a) then such property must be annexed to the city before such a water tap or service connection shall be allowed; or (b) if a legally enforceable annexation agreement acceptable to the city and a petition for annexation for such property are tendered to the city by the owner of such property, then a water tap or service connection may be allowed upon tentative approval of the annexation agreement by the City Council by the requisite vote required for final approval of annexation agreement pending final consideration and action upon such annexation agreement.
      (2)   If the property for which a water tap or service connection is requested is not contiguous to a boundary of the city so as to permit annexation of the property by the city, then before a water tap or service connection shall be allowed, a legally enforceable annexation agreement acceptable to the city, which runs with the property, must be tendered to the city by the owner of such property, wherein such owner agrees that upon such property becoming contiguous to the boundary of the city so as to permit annexation of such property by the city, that said property shall be annexed to the city. Upon approval of such agreement by the requisite vote required for annexation agreement, the request for a water tap or service connection may be allowed.
      (3)   Notwithstanding the provisions of divisions (B)(1) and (B)(2) of this section, the city may deny an application for a water tap or service connection for property outside the city whenever the City Council determines in its discretion that: (a) such a tap or connection would jeopardize or adversely affect the water system of the city or water service to existing or committed future customers of water service within or without the city; or (b) existing main lines are deemed to be inadequate or inconveniently located for the requested tap-on or service connection.
(Ord. 1178, passed 3-19-2001)