Chapter 13.20
WATER AND SEWER SERVICE OUTSIDE CITY
Sections:
13.20.010 Water and sewer service outside city.
13.20.020 Outside service agreement.
13.20.060 Violation and penalty.
Legislative history: Ords. 580 and 635.
13.20.010 Water and sewer service outside city.
City water and sanitary sewer service to property outside the corporate limits of the city may be permitted by the city at its sole discretion under the following conditions:
(1) The city has determined that annexation of the property is not possible at the time application for service is made.
(2) The owners of the property shall sign a legally executed irrevocable consent to annex form which they shall cause to be recorded in the office of the Douglas County clerk.
(3) The property shall have direct frontage on that portion of the public road right-of-way within which the city’s water and/or sanitary sewer main is located, or shall be property through which the city’s water and/or sanitary sewer main passes via a utility easement.
(4) The main to which the connection is to be made must be, in the opinion of the city, of such size, of such quality, and in such state of repair as to permit the connection to be made without detriment to existing users and with reasonable assurance that the party seeking such connection shall be able to receive his reasonable requirements for water after said connection is made.
(5) Before water and/or sanitary sewer service is provided, the property owners shall sign a written agreement, as prescribed in MCMC 13.20.020, accepting the conditions of city water and/or sanitary sewer service.
(6) Water service outside the corporate limits is intended for household and sanitary use and is not intended for irrigation or livestock watering. The city reserves the right at any time to prohibit the use of water outside the city limits for purposes other than stated herein.
(7) Service to users outside the city is hereby declared to be subject to the prior and superior rights of the people of the city of Myrtle Creek to said water at all times. All water sold to users outside the corporate limits shall be surplus water only and, as such, the sale of water to outside users is a privilege which may be revoked at any and all times. In no event shall any contract for the sale of water to any outside user be construed as placing any obligation on the city to furnish anything except surplus water, when available. [Ord. 519 § 1, 1983].
13.20.020 Outside service agreement.
Prior to connecting to or receiving service from a city water and/or sanitary sewer main outside the city limits, the legal owners of the property to be served shall sign a legally executed agreement which shall be in a form approved by the city council, and which they shall cause to be recorded in the office of the Douglas County clerk. The agreement shall contain all applicable terms, conditions and limitations specified in this chapter, as well as any other special terms, conditions and limitations which the city council may determine to be reasonable and appropriate, and shall be binding upon the heirs, administrator, executors, assigns, grantees, tenants, and all persons occupying the premises which is the subject of the agreement. [Ord. 519 § 2, 1983].
13.20.030 Service fee.
In addition to any fees or charges required by Myrtle Creek ordinances or any charges required by a water cooperative outside the city limits, a one-time fee established by the city of Myrtle Creek handbook of fees and charges will be paid to the city of Myrtle Creek in advance of hookup. [Ord. 519 § 3, 1983].
13.20.040 Limitation.
Nothing in this chapter shall limit the authority of the city of Myrtle Creek to extend its water and sanitary sewer lines outside the city limits for the purpose of connecting to, or selling water to, a water district, association, cooperative, corporation, or municipality. Future sale of water to, or extension of water and sanitary sewer mains to, the territory of a water district, association, cooperative, corporation, or municipality shall be determined by the city council. [Ord. 519 § 4, 1983].
13.20.050 Authority.
Notwithstanding the authority reserved to the city council in MCMC 13.20.040, the city administrator is hereby authorized to administer and enforce all the provisions of this chapter. Any person aggrieved by the actions of the city administrator with respect to the administration of this chapter shall have the right to appeal such actions to the city council. [Ord. 519 § 5, 1983].
13.20.060 Violation and penalty.
New water and sanitary sewer mains shall not be extended outside the corporate limits of the city nor will service hookups be allowed to existing water and sanitary sewer mains outside the city limits except as provided by this chapter. Any willful violation of this chapter or the agreement required by MCMC 13.20.020 may result in the immediate discontinuance of water service without notice. [Ord. 519 § 6, 1983].