§ 74-38. Residential water users outside the village boundaries.

(a)

Homes outside of residential subdivisions.

(1)

In exchange for the village to extend its municipal water system to the property line of an owner residing outside of the village, but in a residential subdivision, the owner of such property shall be required to execute and file with the village clerk, an annexation agreement agreeing to the annexation of such property to be serviced by the village water system upon such property becoming contiguous to the village.

(2)

At the time of the extension of the water supply to the property owner's property, the property owner will pay the current fee as stated in section 74-129, water connection fees.

(3)

At the time of the extension of the municipal water supply to the property owner's property, the property owner shall be responsible for any additional expenses incurred by the village as a result of extending the water supply to the property, unless specifically waived by the president and board of trustees.

(4)

The property owner will be charged a rate of 100 percent above the established water rates for the village residents and businesses.

(b)

Homes located within existing subdivisions.

(1)

The village will not provide water to individual homes within existing subdivisions unless and until a petition has been signed by a minimum of 51 percent of the actual property owners requesting the extension of the municipal water supply to the subdivision.

(2)

The extension of the village water lines referred to in subsection (b)(1) of this section will not be extended until 100 percent of the property owners located within each subdivision requesting the extension of water service agree and execute a contract to connect to the village water lines upon their availability.

(3)

Any subdivision requesting water service from the village must contact the county government in which the subdivision is located for the purposes of establishing a special service district designation for the installation of water lines and coordinate efforts between the village and that county's government which ultimately results in an intergovernmental agreement between these two municipalities. This will provide for the county government to institute special assessments against each property owner and turn over such funds received to the village to reimburse the village for the extension of its water lines.

(4)

The property owner will be charged a rate of 100 percent above the established water rates for the village residents and businesses.

(5)

Any subdivision requesting the extension of the village's water supply to service such subdivision must present to the village authorities contemporaneously with the request for the water line extensions a signed annexation agreement by 100 percent of the property owners and by the requisite number of electors located on such property individually upon becoming contiguous to the different property at the village's option.

(Code 1974, § 21-23)