(A) For residential and commercial property:
(1) Access to water and sewer lines will be provided to a requesting developer or private property owner outside the city limits only upon the receipt and approval of a voluntary petition for annexation by a developer or private property owner who are deemed the same.
(2) It shall be the responsibility of the city to extend water and sewer lines, if funds are available, from its current location to the existing city limits. The city shall assess the costs of such extension (except for costs incurred for the oversizing of lines due to projected expansions) to the abutting property owners located within the city.
(3) The requesting developer shall then be entitled to access to the water and sewer lines, and may gain such access on the property described in a voluntary annexation petition. The developer shall be required to pay all costs incurred with the extension of the line from the city limits to the points of disbursement on his property. If the property of the developer is not contiguous to the city limits, he shall likewise be responsible for extending the line to the nearest point of access on his property outside the city limits. The developer shall not be responsible for the payment of the costs of an oversized line.
(4) It shall be the responsibility of the developer to extend all lines within his subdivision, tract or property to ensure water and sewer service to all existing or potential development within the property described in the petition for voluntary annexation.
(5) Although the city shall be dedicated to the concept of making such extensions possible, the city shall not be responsible for such extensions if funds are not reasonably available. In the event that there are not reasonable funds available for the extensions of such lines, the city shall be entitled to consider and implement one or more of the following options:
(a) The city may deny the petition for annexation.
(b) The city may negotiate with the developer and reach an agreement whereby the developer will pay the city's cost which would normally be incurred under this chapter and may be reimbursed at a later date as funds become available to the city.
(c) The city may reach an agreement with the developer to accept the petition for annexation without the extension of any water and sewer lines.
(d) The city may reach a contractual agreement with the developer whereby the acceptance of the petition for voluntary annexation will be delayed until some future date upon the city's extension of the lines.
(6) A developer who participates in the costs of the extension of lines will be entitled to recapture his costs through frontage fees. Frontage fees will be established by the city based upon the actual cost of the construction per front foot. The recapture of costs of construction shall not include, however, any federal or state funds which may be available to the developer in the extension of these lines. The developer shall not be entitled to recover a frontage fee based upon his own front footage, nor shall he be entitled to recover frontage fees in excess of his actual cost.
(7) (a) The frontage fee charged by the city shall be based upon the then current cost of construction rather than the original cost of construction. The city shall establish by resolution the frontage fee to be charged a developer, property owner or lessee. The cost incurred by virtue of the installation of oversized lines shall not be charged as a part of the frontage fee. Any monies collected in excess of the actual cost of construction and refunded to the developer or any funds received from frontage fees after 25 years shall be retained by the city. In addition, if the city is unable to locate the developer after reasonable inquiry, any monies collected for frontage fees which would be refunded to the developer may be retained by the city after 30 days written notice to the developer's last known address.
(b) Frontage fees shall be collected by the city for a period not to exceed 25 years. These frontage fees shall be collected at the time that a tap is made, provided however, when the frontage fee exceeds $500 for residential use and $1,000 for nonresidential use, then and in that event the frontage fees may be paid in five annual equal installments and shall bear interest at the same rate as that charged by the city for unpaid taxes from the date said tap is made. The first installment shall be due and payable on the date a water or sewer account is opened with the city and the subsequent installment and interest payments shall be due and payable on the same day of the same month in each successive year until the indebtedness is paid in full. If any installment with interest is not paid when due, it shall be subject to the same penalties as are now prescribed by law for unpaid taxes, in addition to the interest herein provided for and upon the failure to pay any installment, the entire balance shall be due and payable without further notice.
(c) When an installment account is requested for the payment of frontage fees, a developer, owner and/or lessee shall be required to execute an agreement with the city establishing a lien upon the property served by the utility. The lien shall continue until the amount of said installments, including interest, has been paid in full. Further, if any annual installment, plus interest, is 90 days in arrears, the water and/or sanitary sewer service to said property may be terminated by the city. Any reconnection cost shall be made at the user's expense.
(8) If a developer or private property owner desires city water or sewer service from lines for which there are no assessment rolls or utility agreements, a frontage fee based upon the current cost of construction as per City Council resolution will be charged. This entire fee will be retained by the city.
(9) There may arise certain requests for water and/or sanitary sewer line extensions which the developer cannot reasonably fund. For example, there are certain natural and manmade barriers existing in and around the city such as swamps, creeks, rivers, railroads, highways, and the like, where the costs of extension of lines across such barriers would be extremely high. It is the intent and concept of this chapter that the city should consider the possibilities of future expansions and resulting benefits in determining whether or not to participate or accept a petition for voluntary annexation from a developer whose line would be extended across such barriers. The city may negotiate solutions to line extension problems which arise by virtue of these barriers.
(B) For industrial property:
(1) An industry will be defined as listed under Division D, Manufacturing, of the Standard Industrial Classification Manual, published by the Office of the Management and Budget of the United States Government.
(2) The city will agree to provide access to water and sewer lines to any industry requesting such extension, provided that the industry locates within three miles of the city limits.
(3) An industry requesting access to water and sewer lines will be granted such access upon execution of a formal agreement with the city to file a petition for voluntary annexation on or before the expiration of seven years from the date occupancy begins.
(4) It shall be the responsibility of the developer to pay for the extension of water and sewer lines from the point of nearest access to its property, but the city shall agree to reimburse the developer for such costs in accordance with this chapter and formula provided for the payment of frontage fees for residential and commercial development. If the developer is in fact the county, the developer will be responsible for the extension of water and sewer lines including any oversized lines to be required for future development. In addition, the operation and maintenance of pump lift stations constructed relative to these lines outside of the city limits would be borne by the county until properly for which pump lift station was installed is annexed. If the developer is in fact a private developer, then it shall be the responsibility of the city to bear the costs of any oversized lines required by it. However, the county will also be entitled to the recoupment of its expenses, including oversized lines, through frontage fees in accordance with the policy and formula described for residential and commercial development. Recapture of the expenses of oversized lines shall be based upon the front foot cost of the line, excluding oversizing, plus the line's future inflated cost not to exceed the original front foot cost of the oversized line.
(5) Any industry located outside the city limits obtaining access to water and/or sewer facilities shall continue to pay revenues based upon the rates then in effect and shall continue to pay such prevailing rates until its annexation into the city pursuant to the petition for voluntary annexation.
(C) Every person owning a house, apartment house, storehouse, restaurant or any building inside the city limits used for sleeping quarters or any building where any persons are employed, which building abuts or adjoins a street or alley along which there is public water or sewer, shall, within 30 days from the date of legal notice served by the City Plumbing Inspector or other authorized deputy, have sewer and water connections made to the building or house. All such connections must be made according to the requirements of this subchapter in the interest of public health and safety.
(D) The permission to connect will be conditioned upon the premises being supplied with city water and sewer and upon the house plumbing being installed in accordance with this subchapter.
(E) Applications for such connections shall be made at the revenue office application window and service will not be turned on until the certificate from the inspections division is received that the house plumbing has been properly installed.
(F) The city reserves the right to change the rate or to refuse to give service where conditions herein mentioned are not met or where conditions are such as to make such service impractical.
('70 Code, § 25-31) (Ord. 1982-47, passed 10-4-82; Am. Ord. 1983-34, passed 8-15-83)