This article is adopted so that the city council may promote the public health, safety, morals and general welfare within the city through the enactment of reasonable rules for the extension of city-provided water and wastewater utility services outside the city limits and to promote a positive city image reflecting order, harmony and pride, thereby strengthening the economic stability of the city. By and through this article, the city council additionally seeks to establish fair, reasonable, and efficient guidelines for the extension of water and wastewater utility service outside the city limits.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.701)
(a) 
General rules.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
(b) 
Specific definitions.
Applicant.
An owner, developer or political entity that applies to the city for water and/or wastewater utility service outside the city limits for residential or commercial use.
City limits.
The corporate limits of the city.
City standards and specifications.
All building codes or requirements that have been adopted by the city at the time an application is made, including, but not limited to, portions of the International Plumbing Code, International Code Council requirements, and National Fire Protection Association requirements. An applicant may obtain a complete list of current city standards and specifications upon written request to the city manager.
Council.
The city council.
Customer.
A person, owner, developer, or political entity that purchases water and/or wastewater utility service from the city for residential or commercial use.
Developer.
One who subdivides or requests more than two (2) water service connections or sewer service connections on a single contiguous tract of land.
Facilities.
All water and sewer lines and appurtenances and/or other infrastructure constructed on a tract of land that are used to convey water and/or wastewater to and from that tract of land.
Person.
A human individual.
Qualified applicant.
An applicant who has completed the application to the city for water or wastewater services, has had engineer drawings and construction standards approved, and has demonstrated the financial ability to construct the project.
Service.
Water utility service, including water and wastewater service and/or other services provided by the city and administered by the city water utilities department.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.702)
The city may furnish service to customers located outside the city limits only upon the following conditions:
(1) 
Adequate capacity exists.
The city shall furnish service to qualified applicants located outside the city limits only if there is adequate capacity of service available for the purpose of servicing such applicants without impairing service within the city and without impairing services to the city’s existing customers. Whether such adequate capacity exists shall be determined by the city manager and water superintendent. In making such determination, the city manager shall require the assessment of a registered professional engineer, the cost of which shall be borne by the applicant. If the service request is turned down by the city manager, the request for service can then be appealed to the city council and the determination of the city council shall be final. The city council shall, by resolution, accept or reject the city manager’s recommendation.
(2) 
Applicants outside city limits to bear costs of lines and furnish easements.
The construction costs of facilities that serve customers outside the city limits shall be paid for by the applicant requesting the service. Such applicant shall also furnish suitable construction and permanent easements and rights-of-way for utility lines. The city manager may, but shall not be required to, allow the applicant to recover a portion of the construction costs of facilities if other applicants desire to tap into and utilize the service extension. In such event, the city manager and the applicant shall enter into a written agreement detailing the right of reimbursement to the applicant and set a maximum term for the right of reimbursement which shall not exceed five (5) years.
(3) 
Extended lines to be approved by city manager.
All water and sewer lines and appurtenances extending from existing city facilities to any tract of land outside the city limits requesting water and/or wastewater utility service shall be approved by a registered professional engineer and subject to final approval by the city manager or his designee. The applicant shall pay for all services required for such inspection, including, but not limited to, engineering services.
(4) 
City to have right of review.
Prior to the connection of service, the city shall have the right to review and approve all plats and plans and inspect and approve all water and/or wastewater utility construction within subdivisions and resubdivisions where water and/or wastewater utility service is to be provided by the city.
(5) 
Application must be filed with city.
The city manager may not approve an application for extension of service outside the city limits until the applicant has submitted a complete application to the city. A complete application includes the following information:
(A) 
Proof that the applicant has obtained all applicable permits and inspections that would be required if the property were located within the city limits;
(B) 
A signed agreement between the applicant and the city that, in exchange for provision of service by the city, the applicant will comply with all applicable federal, state, and local laws and all city standards and specifications;
(C) 
A signed acknowledgement by the applicant that the city may terminate service as a means of enforcing compliance with the requirements of this article;
(D) 
Proof, in a form satisfactory to the city manager, that the applicant has the financial resources necessary to complete the project;
(E) 
Proof that all necessary easements, licenses and/or rights-of-way have been or will be acquired, and proof that all necessary lines and facilities have been or will be constructed;
(F) 
If the property to be developed is contiguous to the city limits, a written application for annexation of the property to be developed;
(G) 
A forecast design with a ten (10) year growth minimum; and
(H) 
Any additional information that may be required by the city manager to evaluate the application for service requested by the applicant.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.703)
(a) 
Water and sewer lines to meet ultimate requirements of city.
Where water or sewer lines and appurtenances are extended outside the city limits, the lines shall be sized to serve the ultimate requirements of the city. All new water line extensions must be a minimum of six (6) inches in diameter and must comply with all city standards and specifications. All line extensions shall automatically become city property upon acceptance by city inspectors.
(b) 
City may reimburse owner for oversized lines.
Where the size of the water and/or wastewater utility lines required to meet the ultimate requirements for the city is larger than six (6) inches and the total capacity is not required to serve the tract of land to be developed, as determined by the city, the city shall pay for the increment of cost increase. This will be determined as a fraction or percentage difference between the size needed and the size required; provided that, in the event the bid price for lines or mains larger than the size needed to serve the development is not considered reasonable by the city, the city will not be obligated to proceed under the terms of this section.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.704)
(a) 
Approval period.
Approval of an application submitted pursuant to this article shall be valid for a period of ninety (90) days from the approval date by the city manager or the city council, as the case may be. If the applicant has failed to complete the requested service extension facilities within the ninety (90) day period, then the city’s approval shall automatically become void by operation of law.
(b) 
Limitation of liability.
By applying for an extension of service outside the city limits pursuant to this article, the applicant acknowledges that the city is not responsible or liable for design, maintenance or deficiencies in facilities beyond the point where service connects to the city system. All costs of maintenance, repair and line loss beyond the city’s meter shall be the responsibility of and at the expense of the customer.
(c) 
Unauthorized extensions prohibited.
All service shall be limited to the facilities and/or to those customers identified in the application for service approved by the city manager. Any unauthorized tapping or extension to additional facilities and/or customers not identified in the application constitutes cause for discontinuance and/or disconnection of service by the city.
(d) 
No vested property right.
No person shall acquire any vested right under the terms and conditions of this article.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.705)
(a) 
Construction standards.
All design and construction under this article shall be in accordance with city standards and specifications. In addition, all design and construction under this article shall be in accordance with other applicable federal, state, and local law.
(b) 
Compliance with zoning regulations.
Any subdivision or resubdivision desiring service pursuant to this article shall comply with the city zoning ordinance.
(c) 
Relationship to other ordinances.
Nothing in this article shall be construed to require or allow any act that is prohibited by any other ordinance. The provisions of this article are in addition to any other ordinances of the city that pertain to the extension of water and/or wastewater utility service generally.
(Ordinance 942 adopted 7/16/03; 2004 Code, sec. 13.706)