If and whenever the district constructs or causes to be constructed
facilities to supply water to a specific area, the board may by resolution
determine and declare that such facility shall be a limited purpose
facility and subject to the restrictions of this section. In any such
case, the facility shall be deemed to be a special or limited purpose
facility not designed or intended to serve any properties other than
the specific area described in such resolution, and the district shall
not be deemed to have assumed to serve any other areas unless and
until and to the extent that the board of directors expressly so declares
by later resolution. In any such case, no person shall have the right
to connect with or receive service from such facility, except upon
payment of a pro rata contribution toward its cost, either for retention
by the district or for repayment to the party who financed the initial
construction, as applicable. Repayments to the party who financed
the initial construction will be made for a period of five years after
the date the limited purpose agreement was entered into for such construction
and said repayment period may be extended by the board of directors
for additional five-year periods.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
Where a limited purpose facility is installed pursuant to this
chapter, and the initial applicant owns all, or a part of, the additional,
prospective "service area" adjacent to or near the facility installed,
the district may require the recordation, at the applicant's expense
of a special agreement designating the specific area served, and the
additional area which is not served, so that future purchasers of
the area not served will have notice for the pro rata charge as to
their property for water service. In addition, and in all cases, where
the initial applicant owns none of such surrounding area, the district
may give notice of the prospective charge by mail to the owners in
the area and to the planning commission, or other agency having jurisdiction
over the area, so that future subdividers or developers of the area
will be made aware, prior to approval of subdivision maps and/or building
permits, that the property is subject to an additional, pro rata charge
for the cost of the limited purpose facility.
(Ord. 176 §1, 1978; Ord. 314 §2, 1990)
