(A) The village, by proper resolution of the Village Council, shall have the right at its discretion, upon payments, terms, and conditions as may be mutually agreed upon, to contract in writing for the right to use any sewer serving property located wholly or partly outside the village’s corporate limits.
(B) In the event a contract is made pursuant to division (A) above, a user of any sewer serving property wholly or partly outside the village’s corporate limits shall be subject to all of the terms and provisions of this chapter and, in addition to all payments and charges, be required to pay all equivalent costs, taxes, charges, and expenses as would be imposed upon and paid by a user situated within the corporate limits of the village.
(C) If any property of a person desirous of becoming a user is situated outside the corporate limits of the village, the village at its discretion may permit such a connection, provided that a contract providing essentially the following be entered into between the village and the user:
(1) The user may connect buildings situated only on the fully-described tract or area set forth in the agreement and in accordance with all applicable laws, ordinances, and regulations of the village and local, state, and federal governments;
(2) The wastes and material discharged shall meet all present and future standards for content and volume, and the user shall further agree to pay all future connections, user, and treatment or service charges which are applicable to all property and users uniformly;
(3) The user shall, in addition to costs noted previously, pay debt service charges as established by the Board of Public Affairs if applicable;
(4) If the user, or any successor or assigns thereof, shall fail to pay the charges when due, each and every sewer upon the property, or any subdivided tract thereof, for which payment is not made shall be disconnected by the owner from any other sewer which was connected under the contract and ultimately attaches to the village treatment plant. The user shall have caused or required its sewer system to be constructed within the property in order that separate tracts may be so disconnected, and hereby gave and granted the village an irrevocable easement for the purpose of going upon the same and disconnecting any such sewer if the producer, its successors or assigns, fails to disconnect promptly when such is required;
(5) In addition to the right of disconnection, the village shall have the right to file a civil suit to collect such amounts as are delinquent and due against the user, the full cost incurred in disconnection, and all its reasonable legal expenses and attorney’s fees incurred as a result of the suit;
(6) All amounts charged under this division (C) are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the village is paid in full for all amounts due it;
(7) The village shall not, without its prior written consent and acceptance, have dedicated to it, or own, any sewer installed within the property, and the producer, its successors and assigns, shall maintain the same as its own cost; provided however, that this provision shall not be construed to prohibit the dedication of part or all of said sewer system to another unit of government;
(8) Upon conveyance by the owner of all or any subdivided portion or tract of said property, the successor in title shall succeed to all rights and liabilities hereunder, and said owner shall have no future liability to the village thereunder in respect to such tract except as shall have accrued as of the date the instrument of conveyance is recorded in the office of the County Recorder;
(9) In the event that such property therein describe or any subdivided or separate tract thereof shall be annexed to the village by proper ordinance, then the agreement executed pursuant to this division (C), as to such property or the subdivided or separate tract thereof which is so annexed shall then terminate and be of no further force and effect;
(10) The agreement executed under this division (C) shall be recorded and filed with the Village Fiscal Officer, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions, and to which any subsequent conveyance or assignment of the owner shall be subject;
(11) If any part or provision of the agreement shall be found or held by a court of competent jurisdiction to be invalid or unenforceable, then the entire agreement shall terminate and all sewers of the owner or its successors or assigns shall be promptly disconnected from any such system which ultimately connects to the village treatment plant; and
(12) The applicant for treatment service under an agreement pursuant to this division (C) shall agree to assume user charges, extra strength waste charges, and debt service charges, if applicable, and to obtain from the village the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the treatment system.
(Ord. 1983-15, passed 12-5-1983)