§ 51.03 CONNECTION CHARGES.
   (A)   All houses, buildings or properties used for human occupancy, employment, recreation or other purposes, which are required to connect to the public sewer under the provisions of this chapter, shall pay a connection charge for each separate service connection provided to the property.
   (B)   All persons desiring or required to connect to the initial sewer system or extensions thereof under the provision of this chapter shall, when applying for a sewer connection, pay sewer connection fees as set by resolution, plus the city’s actual expense incurred in making the connection from the private property line to the city’s collection system. The applicant for connection shall deposit with the city a basic connection fee plus that sum which the Public Works Superintendent or his or her designated representative estimates as the city’s cost for the connection being made. If the estimate is less than the actual cost of connection, the difference shall be paid by the applicant within 30 days from date of billing. If the estimate is more than the actual cost, the balance will be refunded to the applicant.
   (C)   (1)   The City Council within its judgment may provide that area or areas with the city not now served by the sewerage system desiring to be served by sewer facilities on said properties, all in accordance with plans and specifications as approved by the Engineer of the city and in accordance with plans and specifications approved by the State Department of Environmental Quality (DEQ) and installed in a manner satisfactory to and approved by a person authorized to inspect said sewer installations by the city; and if said sewer installation is done by private persons other than the city, and all of the cost and expenses of installing said sewer and making the connections to the improvements located on the respective parcels of land or parts of land served by said sewer, then, in that event, each residence and each unit of multiple residences connecting to said sewer shall forthwith pay when they are actually connected to the municipal sewer system of the city, a sewer connection charge of the same amount as prescribed by this division (C)(1), plus $100 for each additional living unit or separate commercial unit which will be served by the connection.
      (2)   It being further provided that, in the event a new service connection to the present sewer facilities of the city, or in the event of an extension of the sewer system to serve a user who may be a large water user, then and in that event the Council, as provided, shall fix the connection charge to be paid by the said sewer users; said Council to take into consideration the gallonage of water to be used by said business, and any and all other factors which may affect the ultimate use of the sewage works of the city.
      (3)   In all those areas where sewer expansion is done by private persons under supervision of the city, as hereinabove provided for in this section, the city and the persons doing the work shall agree as to the time within which said sewer extension work shall be done; and, upon completion of said work and acceptance thereof by the city, said sewer mains, laterals and connections shall be turned over to the city free and clear of any and all expenses for the construction and installation thereof. All sewer facilities shall be designed, approved and installed in accordance with the most recent copy of the city’s Public Works Design Standards as adopted by the City Council. All such sewer facilities shall be located within public right-of-way or public utility easements with widths and provisions as required by the city. The person, persons or company doing the work, before turning over the sewers, mains and laterals to the city, shall prepare a map or plat showing all of the property served by said facilities and the lots, parts of lots or parcels of ground actually hooked up to said sewers. Each of the owners of said lots, parts of lots or parcels of land shall, when connecting to the sewer, pay to the city a connection charge for the type of property served, as provided for in this chapter.
      (4)   It is further provided that all other properties served by said sewer installation, but which do not have a service connection running from the sewer mains or laterals to the property lines, shall, when connecting to the public sewer system, pay a service connection charge as provided in this section.
   (D)   In the event a future expansion of the city sewerage system be made by the city itself, the connection charge shall be as in this section.
   (E)   If a person extends a sewer line to serve his or her property, and intervening properties are near or front on that new line and are thereby required to hook-up to the sewer line, the person extending the line shall be eligible for reimbursement for the pro rata share of the original cost of the line extension accruing to each additional property hooking up to sewer in accordance with the following process.
      (1)   The person extending the line shall submit to the city for review and approval by the City Engineer, a certification of the actual costs of building the sewer line including a determination of the average cost per foot of the line construction for that portion between the person’s property and the original location of the sewer line. Additional improvements, such as pump stations or trunk line upgrades, that benefit all properties will be factored into the total cost based on proportional benefit.
      (2)   The city and person extending the sewer line shall enter into a reimbursement agreement indicating the city will facilitate the reimbursement to the person extending the line the costs, without interest, of an amount proportional to the benefit received by each intervening property to be paid when sewer service is provided to each property.
      (3)   The city will determine the actual amount to be paid based on the approved average cost per foot, or in the case of the property not directly fronting on the sewer line, an appropriate proportional share.
      (4)   The city will assess each intervening property its share of the reimbursement cost at the time and as a condition of hooking up to the sewer line. The reimbursement amount will be forwarded to the original person installing the sewer line within 30 days, less a 3% handling fee. The city will not be responsible for any payment until payment has been received from the private party.
      (5)   The term of any improvement agreement shall be limited to ten years when the total reimbursement amount is less than $45,000; and may be extended when the contract is in excess of that amount, at the discretion of the Council, for a period up to 20 years. The person entering into such an agreement with the city shall be responsible for any escrow or related fees incurred during the term of the contract.
   (F)   If at any time any improvement which is connected to the municipal sewer system is destroyed by fire, or is torn down and no longer connected to the sewer system, the owner thereof shall file a certificate with the City Recorder stating the date of destruction or removal of said improvements and pay up all sewer service charges from the date of said destruction or removal; and thereafter there shall be no monthly service charge made to said property until new improvements are placed on said premises and connected to the sewer system.
   (G)   The City Recorder, upon receipt of a certificate of destruction or removal of improvements to property connected to the municipal sewer system, shall present such certificate at the next Council meeting, and the Council shall then consider the matter; and, upon adoption of a resolution removing said property from the sewer service charge rolls, the Recorder shall make proper notation in the proper records of the city and remove said property from the monthly sewer charges until the property is again hooked up to the municipal sewer system.
(Ord. 392, passed 10-8-2007) Penalty, see § 51.99