§ 27-110. Water line extension beyond service area.

(a)

The Eagle Pass Water Works Board is specifically authorized, but not required, to extend the water system, or both, outside the designated service area if the Eagle Pass Water Works Board determines that the requirements and limitations of this section are satisfied. Water line extensions beyond the service area and water service to persons for use outside of the designated service area shall be subject to the requirements of this section in addition to the requirements applicable to line extensions and service within the designated service area of Eagle Pass.

(b)

The Eagle Pass Water Works Board may review an application for water line extension beyond the designated service area of the City of Eagle Pass on a case by case basis and may deny the application if the Eagle Pass Water Works Board finds that the proposed use of water will not generate sufficient economic development for the area to justify the extension; the extension is inconsistent or contrary with existing and planned improvements, or the extension is inconsistent with the projected growth of the system.

(c)

Water will not be supplied for purposes of municipal use or domestic purposes within subdivisions of land that require plat approval by local authorities. The applicant's proposed use of the water must be limited to domestic, livestock, or wildlife purposes, or any combination thereof, related directly to the applicant's commercial operation, other than a retail, ranching, or wildlife related operation that generates or has the potential of generating significant economic development and employment within the Eagle Pass area. The water works board shall deny an application for water if the proposed use of water is limited to domestic use for a household or if the proposed use of water is limited solely to provide water for livestock or wildlife, or both, if such use is not directly related to a commercial activity, other than a retail, ranching or wildlife activity, that generates or has the potential of generating significant economic development and employment within the area.

(d)

If the application is granted, the applicant at the applicant's sole cost, shall donate municipal water rights to the Eagle Pass Water Works Board in an amount necessary to meet the applicant's demand for domestic purposes, plus system water losses. If the applicant must donate municipal water rights to Eagle Pass in an amount equal to the greater of either the amount required to satisfy the project demand, plus system water losses or 0.006 times the number of acres within the area to which the applicant is required or desires to deliver the water to be used for livestock or wildlife use.

(e)

If the application is approved, the applicant must sign a contract containing terms and conditions required by the water works board, including but not limited to an agreement that the applicant will comply with all city ordinances related to the protection of the water supply even though the applicant's property may be located outside of the corporate limits of Eagle Pass.

(f)

If the application is approved, the applicant must provide the required main and other facilities in accordance with water main extension policy in effect within the designated service area of Eagle Pass. The applicant must design and build the water line and related appurtenances from a location on the system designated by the general manager and system engineer where there is adequate capacity to meet the projected demand and other projected demands upon the system. The applicant, at its sole cost, must oversize the line if requested to do so by the general manager. The design, construction, and testing of the water line must be in accordance with the technical requirements of mains located within the designated service area of the City of Eagle Pass. No water main less than six-inches in diameter will be accepted.

(Ord. No. 02-08, § 1, 3-5-2002)