eLaws | eCases | New Mexico Courts | Counties & Cities of New Mexico | Code of Federal Regulations | United States Code |
 Alamogordo
 Code of Ordinances
 Chapter 28. WATER, SEWERS AND SEWAGE DISPOSAL
 Article 28-03. WATER

  § 28-03-070. Sales outside city limits.  

Latest version.

  • (a)

    Contracts: The city manager is hereby authorized on behalf of the city, to enter into such contracts as may be approved by the city commission for the sale of surplus water with property owners whose lands are located outside the city limits, and which property owners desire to receive city water for domestic purposes only; provided, however, that, such sale of surplus waters shall be limited to the area within 100 feet of a potable or non-potable water main. In the event of a water shortage, the water users outside of the city limits shall be the first to have city water services adjusted or terminated as the situation requires, and any contract for the sale of surplus waters shall contain an express provision therefor.

    (b)

    Rates: The landowners who shall enter into the above contract with the city shall be required to pay twice the rates and/or charges of water users for commensurate services when furnished within the city limits, for all necessary labor, materials, appurtenances, water meters, water usage, water tap and any permits which are necessary under the above contract and laws of the city. The payments which may be due hereunder shall be made to the city manager or his agent, prior to the time of installation for the commencing of such work. Notwithstanding the foregoing, the city shall have the right to enter into such contracts as may be approved by the city commission for the sale of surplus water to military users and to nonprofit educational, scientific, charitable, civic and similar organizations who desire water for domestic purposes and whose lands are located outside the city limits, at the same rates and/or charges made for such water services to lands located within the city limits.

    (c)

    Availability: It shall be the duty of the city manager or his agent, to confer with property owners whose lands are located outside the city limits and who wish to make application for usage of surplus water under the terms of contracts herein provided for, and the city manager or his agent shall determine if it is feasible to furnish such persons with surplus water, and if so, he shall receive their applications for water and convey such applications to the city commission along with his recommendations as to the availability of surplus water and as to the feasibility of furnishing such surplus water, if any be available, to the person making application.

(Code 1960, § 9-9-6; Ord. No. 514, 5-14-74; Ord. No. 527, 6-10-75; Ord. No. 872 § 2; Ord. No. 1396, 4-12-11)