§ 50.09  INSTALLMENT PAYMENTS.
   (A)   (1)   If connection fees to a commercial or industrial facility exceed $25,000 and if, in the determination of the City Council, the construction or expansion of the facility will create jobs and provide significant economic benefit to the city, then the Council may permit, by resolution, the installment payment of connection fees as follows: one-third shall be paid upon execution of the written agreement which is required by this subchapter and the balance shall be paid periodically as determined by the Council as long as all connection fees, plus interest, are fully paid on or before two years from the date of water and/or sewer connection. If connection fees to a community recreational facility exceed $25,000, then the Council may permit, by resolution, the installment payment of connection fees as follows: one-fifth shall be paid upon execution of the written agreement which is required by this subchapter and the balance shall be paid periodically as determined by the Council as long as all connection fees, plus interest are fully paid on or before four years from the date of the water and/or sewer connection. The resolution regarding either facility shall describe the conditions under which the Council is willing to accept installment payments and shall include, but is not limited to, the number of installments, the due date of each installment, the interest rate to be charged and the amount of each installment payment. The interest rate shall be the bank prime loan rate which is applicable to the week in which the resolution authorizing installment payments has been adopted, as published in the Federal Reserve Statistical Release for Selected Interest Rates. A written agreement regarding either facility shall be executed between the city and the owner of the land to which the water and/or sewer service will be connected which contains the terms of the resolution and which grants to the city the right to accelerate unpaid connection fees. For a commercial or industrial facility, the agreement shall also include a provision which grants to the city a lien on the benefitted real property for the unpaid connection fees and which also grants to the city the power of sale to foreclose on the lien by advertisement. In addition, the agreement regarding either facility shall provide that the rights granted to the city in the written agreement may be exercised if there is a default in the terms of the agreement by the owner or assignee of the owner. The agreement shall be in a form approved by the City Attorney. The city shall adopt, by resolution, criteria similar to those criteria used in the city’s industrial tax abatement policy which will be used to determine when a commercial or industrial facility construction or expansion will create jobs and provide significant economic benefit to the city.
      (2)   For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
         COMMUNITY RECREATION FACILITY. A swimming pool, ice rink, gymnasium or similar facility, as determined by the City Council, which is open to the residents of the city at the lowest user fees, if any, even if the facility is located outside of the city and which is owned by a municipal corporation or a non-profit corporation.
         CONNECTION FEES. Tap-in fees, privilege fees or any other fee or charge which arises by virtue of the mere connection to city water and/or sewer services.
   (B)   A septage pretreatment facility may only connect to the city’s sewer system pursuant to a written agreement between the city and the owner of the proposed septage pretreatment facility. This contract must be approved by the City Council. The contract shall specify the amount of connection fees, the terms of payment of those connection fees, the applicable sewer rate, the conditions under which the connection fees or sewer rate may change and the method of payment of the connection fees. The amount of connection fees and the method of payment of those connection fees may vary from provisions that would apply to a sewer user that is not a septage pretreatment facility. The contract shall include such other provisions as shall be acceptable to the owner of the septage pretreatment facility and the City Council. The agreement shall be in a form approved by the City Attorney. The city shall be under no obligation to permit a septage pretreatment facility to connect to the city’s sewer system and any such decision is subject to the sole discretion of the City Council to determine whether any proposal is in the best interests of the city. The term SEPTAGE PRETREATMENT FACILITY shall mean a facility that receives and treats non-domestic wastewater that originates from residential type septic systems including single-family homes, condominiums, apartments and commercial users such as hotels, motels, offices, restaurants, schools, retail structures and the like with the exception of restaurant grease interceptors and industrial process wastewater. Pretreated septage shall comply with the characteristics of common domestic sewage, as defined in Chapter 53 of this code of ordinances. The treatment process shall be approved and licensed by the state and operated pursuant to the contract with the city as specified in this section.
(Prior Code, § 2.142)  (Ord. 621, passed 3-20-1995; Ord. 641, passed 6-2-1997; Ord. 707, passed 11-7-2005)