11-2-10: WATER AND WASTEWATER FACILITIES ASSESSMENTS:
   A.   Water And Wastewater Facilities Assessments:
      1.   Except as otherwise provided in this title, with respect to any property which:
         a.   Is subdivided after January 1, 2008, in accordance with the provisions of this title; and
         b.   Is to be served by wastewater and/or water main extensions constructed at the expense of the owner, shall in the case of a connection to the wastewater system be subject to a wastewater facilities assessment in the amount of five hundred dollars ($500.00) for each acre of land contained in the subdivision and shall in the case of a connection to the water system be subject to a water facilities assessment in the amount of two hundred fifty dollars ($250.00) for each acre of land contained in the subdivision. Unless paid in installments as authorized by subsection B of this section, any such assessment shall be paid prior to the approval of final plans or the execution and delivery of the executed final plat of the subdivision to the owner or subdivider.
      2.   Except as otherwise provided in this title, any lot which:
         a.   Is annexed to the city after January 1, 2008, or created by subdivision after January 1, 2008, which annexed or subdivided lot will be served by individual service connection to a water main in the case of the water system or a wastewater main in the case of the wastewater system which has already been installed at the expense of:
            (1)   Any private person other than the owner of the lot or a predecessor in interest to the owner of the lot; or
            (2)   The city; or
         b.   Has not enough special assessment as authorized under article 9 of the Illinois municipal code or through prior payment of consideration to the city or through installation of wastewater mains, water mains or other appurtenances directly contributed to the provision of the facilities to which improvements on that lot will be connected, shall in the case of a connection to the water system be subject to a water facilities assessment in the amount of five hundred dollars ($500.00) for each connection and shall in the case of a connection to the wastewater system be subject to a wastewater facilities assessment in the amount of one thousand dollars ($1,000.00) for each connection. Unless paid in installments as authorized by subsection B of this section, any such assessment shall be paid by the applicant and/or owner upon application for the service connection.
      3.   Any person asserting exemption from facilities assessments because of prior payments or because of installation of water or wastewater mains at the expense of the owner or a predecessor in interest or for any other reason shall have the burden of producing written receipts or other documentary evidence demonstrating to the sole satisfaction of the city that such exemption is justified.
   B.   Installment Payment Of Assessments: Provided that the city in its sole discretion determines that the security is adequate, facilities assessments due under the terms of this chapter may be paid in not more than five (5) equal annual installments of principal and interest, the first of which shall be due no later than six (6) months following the date of application for service together with interest on the principal balance remaining unpaid from time to time at a rate of not less than six percent (6%) per annum. Payments shall be first applied to unpaid interest and the balance, if any, to unpaid principal. Installment obligations shall be evidenced by a promissory note secured by a mortgage on the premises served by the water or wastewater systems as the case may be. The city may, in its discretion, permit the subordination of any such mortgage to one or more other mortgages on the premises served by the water or wastewater systems.
   C.   Discretionary Waiver Of Assessments: The city may, in its sole discretion, reduce or waive facilities assessments under the following circumstances:
      1.   As an inducement to business enterprises considering a location in the city; or
      2.   Under circumstances where the property or portion thereof otherwise subject to a facilities assessment is unbuildable or is wasteland; or
      3.   Under circumstances where the imposition of a mandated facilities assessment would be manifestly unjust.
   D.   Recovery Of Costs Of Extension And Other Charges: The fees established in the preceding subsections contemplate a tap-in to or extension of existing mains without the necessity of any improvements by the city. In the event that the city is required to extend or upsize mains or make other improvements or has previously extended or upsized mains or made other improvements in order to accommodate a tap-in or extension, the foregoing provisions of this section shall not preclude the assessment of additional charges representing a share of the cost of such improvements which benefit such parcel or parcels as such cost and share are determined by the city council. (Ord. 542, 11-26-2007)