Any agreement between the owner of real estate and the city must contain the following minimum terms and conditions:
(A) For water supply extensions and connections. The property owner must agree:
(1) That if the non-contiguous real estate becomes contiguous, and the city notifies the property owner of the change, the property owner will properly file a petition for annexation of the subject real estate into the city and diligently pursue the petition until the subject real estate is annexed into the city;
(2) To waive any right to challenge, object or remonstrate against any future attempt to annex the subject real estate by the city;
(3) That the agreement be recorded at the property owner's expense;
(4) That each purchaser, assignee or transferee of an interest in the non-contiguous real estate, or any portion thereof, will be obligated and bound by the agreement;
(5) That the term of the agreement will be 15 years; and
(6) That if, at the expiration of the term, the property owner refuses to execute a new written agreement with the city, the city will utilize all legal means for remedy against the property owner, at the owner's expense.
(B) For sanitary sewer extensions and connections.
(1) The property owner must agree:
(a) To pay the appropriate pre-annexation fee set forth in this division;
(b) That if the non-contiguous real estate becomes contiguous, and the city notifies the property owner of the change, the property owner will properly file a petition for annexation of the subject real estate into the city and diligently pursue the petition until the subject real estate is annexed into the city;
(c) To waive any right to challenge, object or remonstrate against any future attempt to annex the subject real estate by the city;
(d) That the agreement be recorded at the property owner's expense;
(e) That each purchaser, assignee or transferee of an interest in the non-contiguous real estate, or any portion thereof, will be obligated and bound by the agreement;
(f) That the term of the agree will be 15 years; and
(g) That if, at the expiration of the term, the property owner refuses to execute a new written agreement with the city, the city will utilize all legal means for remedy against the property owner, at the owner's expense.
(2) Pre-annexation fee. The property owner must pay to the city the following applicable pre-annexation fee:
(a) For owners of real estate used for residential purposes. January 1, 2013, property owners obligated to pay pre-annexation fees will pay $50 per lot, as that term is defined by the City Engineer, per month for developed residential property. On January 1, 2014, the fee shall be automatically changed to $35 per lot, as that term is defined by the City Engineer, per month for developed residential property. All sewer service agreements signed prior to January 1,2013 will abide by the terms of that specific agreement until the expiration of the term of the initial agreement.
(b) For owners of real estate used for nonresidential purposes. Except as provided for in division (B)(2)(b)1. below, as of January 1, 2013, an annual amount equal to 75% of the city's tax rate times each $100 of net assessed value on the date the agreement is executed. On January 1, 2014, however, the fee will be reduced to an amount equal to 25% of the city's tax rate. On January 1, 2015, property owners will be charged no pre-annexation fee. The fee provided herein is not a property tax but is a pre-annexation fee; as such, the fee will be computed as provided hereunder without regard to the effect of any property tax caps.
1. Expired sewer service agreement customers. During calendar year 2013, any owners of real estate used for nonresidential purposes who are transitioning from an expired sewer service agreement to a pre-annexation agreement pursuant to this division (B) will pay a fee in 2013 equal to 25% of the city's tax rate times each $100 of net assessed value as of the effective date of the agreement.
2. Existing compact customers. Property owners obligated to pay pre-annexation fees pursuant to compact agreements executed prior to 2013 will pay the fees set forth in those agreements. On January 1, 2014, however, these property owners are eligible to pay a pre-annexation fee in 2014 equal to 25% of the city's tax rate times each $100 of net assessed value on the date the agreement is executed. An eligible property owner who desires to pay the reduced amount of the pre-annexation fee must execute a new agreement with the city, acting by and through the Board of Public Works. On January 1, 2015, property owners will be charged no pre-annexation fee.
(3) Governmental entities. Governmental entities, including public schools, shall not be charged a pre-annexation fee.
(4) Sewer service agreements currently in effect. All sewer service agreements, including those with non-profit real estate owners which are in effect as of January 1, 2013, may remain in effect until termination or expiration of the initial 15-year term. All non-profit organizations will pay a rate determined by the rate study starting January 1, 2015.
(Ord. 5366, passed 11-18-2013)