§ 19-123. Application for service.

(a)

It shall be unlawful for any person to use county water and/or wastewater services without first making application in writing for a water permit and/or wastewater permit and paying all charges incident to said application. Application shall be made on forms furnished by the county, shall constitute an agreement by the customer to abide by the utility rules in regard to its service, and shall be in accord with the county's rate ordinance. Applications for services requested by firms, partnerships, associations and corporations shall be tendered only by their duly authorized agents, and the official title of the agent shall be shown on the application.

(b)

All applications for an extension of the county's water and/or wastewater system shall be addressed to the county stating the location, beginning and termination thereof, with plans and specifications in triplicate attached where such plans and specifications are required.

(c)

The board of county commissioners hereby establishes its exclusive water and wastewater service area as that described in Exhibit "A" attached to and incorporated in Ordinance No. 98-10 exclusive of those areas certified by public service commission, those areas served by existing water or wastewater systems, those areas served or planned to be served within existing lawfully created community development districts, or those areas served or to be served pursuant to territorial agreement by a municipality as of April 21, 1998. The board of county commissioners may enlarge or reduce this area by amendment to this division.

(d)

The county may designate a period of time (hereinafter referred to as an "allocation period") when all those persons or entities who own land within all or a portion of the county's water and wastewater system service area shall apply and pay applicable fees to the county for water and wastewater service capacity in the county's water and wastewater system. The board of county commissioners by resolution may offer water and/or wastewater service capacity to certain portions of said service area in advance of or at differing times than other portions. The board of county commissioners may by resolution designate all or any portion of its service area and offer water and/or wastewater service capacity to certain portions of said service area in advance of other portions. The county shall publish notice of the times and location for acceptance of applications and payment of applicable fees in a newspaper of general circulation in Marion County at least five (5) days prior to the beginning of an allocation period. The county may require all information on said application that it deems reasonable and necessary, and may reject applications it determines are incomplete. Any application for a permit shall contain a legal description of the land constituting the service area for which such permit is to be issued. The legal description shall include only those lands owned by the applicant for which the permit is to serve. The county shall permit applicants to purchase water and wastewater service capacities by phases of development if the applicant's development has been approved for more than one phase, but applicants must purchase a minimum of waterand wastewater, capacities necessary to accommodate one phase or fifty (50) ERCs of their respective development, whichever is less. Once that applicant's phase of development has been completed, then water and wastewater capacities for any additional remaining phases must be purchased on a phase-by-phase basis until water and wastewater service capacities have been purchased for the entire development. If any such person described hereinabove fails to apply for and purchase water and wastewater service capacity in the minimum capacities set forth above under these rules, the county may consider such failure in determining whether or not to grant or deny any development or construction permit or approval or rezoning application filed by such person.

(e)

If an application is approved, a written agreement in duplicate containing all terms and conditions relating to such system extensions, approved by the county or its designee, shall be made and executed by and between the applicant property owner and county.

(f)

If any property owner, its successors or assigns within an area designated by the county pursuant to subsection (d) hereof fails to apply for and purchase water and wastewater service capacity under these rules, the county many deny and land use, development, or construction order, permit, or approval or any comprehensive plan amendment or rezoning application filed by said person based upon said failure to purchase.

(g)

When cost effective, consistent with the Marion County Comprehensive Plan, and in the best interests of the customers, the county may at any time negotiate with other utilities that meet county standards to enlarge, expand, or modify the county's service area.

(Ord. No. 96-35, § 4, 11-5-96; Ord. No. 98-10, § 3, 4-21-98)

Editor's note

Exhibit A referenced in subsection (c) of § 19-123 is not set out at length herein, but is on file and available for inspection in the office of the county clerk.