Any recapture agreement for water mains or sewers, entered into after the effective date hereof shall be in accordance with the following standards: (Ord. M-54-02, 8-19-2002)
A. The water main or sewer which is the subject matter of any such agreement shall be of such location, size and length as to be of substantial benefit to the city as a whole, rather than of benefit to the developer or a limited area only, and shall not otherwise be required by any ordinance of the city.
B. Such water main or sewer must be an integral part of the city's water and/or sewer system, and necessary for the reasonable extension or improvement thereof.
C. The city council shall determine by ordinance: 1) the extent to which the installation of the sewer or water main shall be entitled to recover part of the total cost thereof; 2) the time over which such right of recovery shall take place; 3) the properties which shall be allowed to connect to said sewer or water main; 4) the dollar amount each such property so benefited shall be expected to pay to the installer towards such recovery of cost, based upon the actual benefit thereby gained by such property; and 5) the time at which the city shall become the absolute owner of said sewer or water main, which time shall not be any longer than the time over which right of recovery shall exist.
D. No recapture agreement shall obligate the city unconditionally to withhold building permits or connections solely because any property benefited by connection fails to pay its share of the cost as determined by ordinance. (Ord. M-48-72, 11-20-1972)
E. No recapture agreement shall obligate the city to collect, or enforce collection of, the amount due the installer from properties determined to be benefited. Provided however, the city shall not issue a permit unless proof of payment of the fee is forthcoming.
F. All recapture agreements shall provide that the city is entitled to its engineering and legal fees and costs in connection with the sewer or water main and the agreement. Said fees and costs shall be determined by the director of engineering and the city attorney and stated as one sum due and owing in the recapture agreement.
G. All sewers and water mains which are the subject of recapture agreements shall be in strict accordance with city standards for same, and their design and construction shall be subject to the approval of the director of engineering.
H. The installer shall present proof satisfactory to the director of engineering and city attorney that all labor and material relating to said sewer or water main have been paid not later than at the time of final inspection by the director of engineering, and shall indemnify, defend and hold the city harmless for any liens or claims of lien whatsoever.
I. All such sewers and water mains, when approved by the director of engineering, shall become part of the city's water or sewer system and shall be maintained by the city, even if ownership of same shall remain for some time thereafter in the installer.
J. The said ordinance determining properties to be benefited shall contain the legal description of such properties, a map showing their location and shall be recorded on the title of each benefited property in the office of the recorder of deeds of Cook County. (Ord. M-54-02, 8-19-2002)
K. All recapture agreements shall contain such other provisions as may be deemed necessary or desirable to protect the best interests of the city, consistent with these standards. (Ord. M-48-72, 11-20-1972)