(concurring specially).
I agree with the majority that no contract exists under Section 40-33-13, North Dakota Century Code, authorizing the City to extend its water facilities to the trailer park area located outside the municipal limits. I believe Section 40-33-13, supra, was enacted to permit a city, under conditions outlined in the statute, to extend its physical water plant facilities beyond the city limits under a contract as provided in Section 40-33-14, North Dakota Century Code. In the instant case the City has not extended its physical water plant facilities beyond its municipal limits; it merely has permitted the owners of the area adjacent to the city to connect to the city water system within the municipal limits of the city. The owners of the adjacent property constructed their own water system by laying underground mains and service pipes to serve the trailers located in the trailer court. This was a private water system which secured its water supply from the City after the City permitted a single connection to the city water system under a metering device, which connection was made within the city limits. The same situation exists as to the sewer service. The owners of the adjacent area also constructed the sewerage system; thus it was a private sewerage system operated under an arrangement with the City whereby the owners of the private sewerage system were permitted to connect their main sewer to the city sewerage system to allow a discharge of the sewage it gathered into the city system. The connection was made within the municipal limits. The City did not extend its physical sewerage facilities beyond its municipal limits.
It is apparent that the city water plant and the city sewerage system are of more than sufficient capacity to provide for the needs of the city’s inhabitants and the surplus capacity is being sold by the City to the plaintiffs who are located outside of its limits. For these reasons I believe the plaintiffs are governed by the same laws that govern the inhabitants of the city who use the city’s water and sewerage facilities. The grant by the City of the privilege of connecting with its water and sewerage facilities is merely a license and may be revoked for sufficient cause at any time. Therefore, unless the City’s action is unreasonable or arbitrary, the courts will not interfere with the City’s control thereof as it is the owner of its utilities. The record is clear in this case that the grant of permission for the purchase of the city’s water and the use of the city’s sewerage facilities was temporary and in the interest of *530the national defense project being constructed by Boeing; that any action of the City, in revoking such permission after the defense project has been completed, would not be arbitrary and unreasonable. For these reasons I concur with the majority.