Except as provided herein, water and/or sewer service shall not be provided to locations outside the Town limits. The Town Council may, in its sole discretion, enter into service agreements with entities whose land lies outside the Town limits to provide water and/or sewer service for the use, needs and requirements of such entities. All such extraterritorial water and/or sewer service agreements must have the approval of the Town Council and shall include such provisions as the Town Council shall deem necessary to protect the interests of the Town. If the Town Council denies such service, in its sole discretion, in keeping with the standards herein established or for other reasons, the service shall not be provided. Such approval or denial shall be made only after completion of the permit process detailed in Chapter 160 and after a public hearing.
Before the Town Council shall enter into any service agreement to allow water and/or sewer service outside the Town limits, the entity requesting such service shall submit evidence to the Council and the Council shall find that:
The providing of water and/or sewer water is economically feasible;
Such service would help promote the growth and development of the Town;
Such service would help promote the health, safety and welfare of the residents of the Town and is generally in the best interests of the residents of the Town;
The Town has adequate excess water and sewer capacity, both treatment and line capacity, to reasonably provide for the existing water and sewer services of the residents of the Town and such future services as are reasonably anticipated from the development of undeveloped lands within the Town limits;
The service is requested for a proposed residential subdivision that has a density of no less than one residence per two acres;
Service must not have any negative impact on the sewer and water system. For example: contact time for chemical treatment.
All water and/or sewer systems to which the Town shall provide water and/or sewer service shall be constructed to the standards of the Town as set out in the ordinances of the Town for such systems located within the Town limits. Refer to Chapter 180, Construction Standards for Water Lines, Sewer Lines and Streets.
The Town shall not accept ownership or maintenance of any water and/or sewer system, or any part thereof, which is located outside of the Town limits. At its sole discretion the Town may elect not to accept ownership or maintenance of any portion of a water and/or sewer system which is located within the Town limits but solely serves an area outside of the Town limits.
The Town shall only contract with an entity which will in the opinion of the Town Council provide sufficient continuity of existence to protect the Town's rights under the service agreement. This entity shall have the responsibility of collecting all fees due the Town as set out hereinafter in the manner set out in the service agreement.
All costs associated with the providing of such services shall be paid by the applicant, including, but not limited to, review costs (legal, engineering, etc.) and infrastructure costs.
No entity receiving Town water and/or sewer service shall sell such service to another, except as such service may run with the land set out in the service agreement. No additions, extension, additional services or sub-service lines shall be added without consent of the Town Council.
Nothing herein shall cause the termination of existing water or sewer service, outside the Town limits, on the effective date of this article, provided such service is lawfully established on such date.
The Town Council may waive the provisions of this article if, after a public hearing, it finds in its sole discretion that such waiver would benefit the health, safety and welfare of the residents of the Town, is generally in the best interests of the residents of the Town and will help to address an extraordinary need which impacts the residents of the Town.