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 by the Town Council shall be made only after completion of the permit process detailed in Chapter 160, Applications and Permits.
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:
A.
The providing of water and/or sewer water is economically feasible;
B.
Such service would help promote the growth and development of the
Town;
C.
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;
D.
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;
E.
Service must not have any negative impact on the sewer and water
system. For example: contact time for chemical treatment.
F.
To preserve customer health and safety, no new water service line
connections will be allowed prior to the distribution system point
of entry.
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 160, Applications and Permits, and Chapter 175, Construction Standards, Building and Fire.
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.
All costs associated with the providing of such new 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.
The Town shall only contract with an entity, either within cooperate
limits or outside corporate limits, 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 in the
manner set out in the service agreement.
