(A) Improvement by owner; proof of cost. Whenever the city shall have constructed a new public improvement such as a sanitary sewer or a water main in accordance with city standards and specifications, at any time after January 1, 1972, other than by special assessment, the City Engineer shall ascertain and delineate the lots, tracts and parcels of land abutting on the line of such public improvement which may reasonably be expected to benefit from such public improvement and shall then establish a formula for assessing each such lot, tract or parcel of land, an amount which will enable the city to recover by way of a connection charge, a portion of the cost of such improvement equivalent to the cost of a normal sewer or water line conforming to city standards for residential areas. The formula for each such assessment shall be approved by the City Council.
(B) Public improvement. Whenever any property owner shall have heretofore or shall hereafter at entirely its or his or her own cost, construct within the city streets or public thoroughfares of the city, pursuant to a contract and permit from the city, a public improvement such as a sanitary sewer or water main extension in accordance with city standards and specifications, inspected and approved by the city and when properties other than the property of the person constructing such improvement shall intervene and abut upon that section of the street within such improvement lies, then when the constructing owner shall furnish certification and satisfactory evidence of the cost of such improvement, the City Engineer shall investigate and certify the reasonableness thereof in accordance with existing prices, and when the corporate authorities shall be satisfied as to such reasonableness, the City Engineer shall ascertain and delineate the lots, tracts and parcels of land abutting on the line of such public improvement which may reasonably be expected to benefit therefrom and shall then establish a formula for computing the pro-rata contribution from each abutting property owner. The constructing owner shall further, prior to the inception of the work upon such improvement, execute a waiver of liability and right of reimbursement from the city of the cost of such improvement.
(C) Notice. The City Engineer shall prepare and file in the Office of the City Clerk and in the Office of the Recorder of Deeds of the county, a notice of the area which is subject to the connection charges provided for in divisions (A) and (B) above which shall serve as notice to persons interested in such property that there will be a charge in relation to such property for the connection to and use of said public improvement. A copy of this notice shall also be filed in the Office of the Director of Community Development of the city.
(D) Contribution by intervening owner. Whenever the owner or owners of any property or properties other than the owner installing said improvement shall thereafter apply to the city for right to tap into or make connection with such sewer or water line extension, or shall be required by any ordinance to connect or tap into said improvement, then the City Engineer shall compute and certify to such applicant the pro-rata cost of construction of that section of such line abutting applicant’s property and shall before issuing permit to tap into or connect therewith receive such pro-rata contribution or reimbursement and upon receipt remit the same to the Finance Officer for distribution in the manner authorized by the City Council. The determination of the City Engineer as to the amount of such contribution shall, in the absence of willful fraud or misconduct, be conclusive as between the city and the person having constructed such line.
(E) Connection charge to be in addition to fees. Charges provided for in this section shall be in addition to and exclusive of fees required and fixed by ordinance as inspection or permit fees for connection with or tap into city sewer or water lines.
(Prior Code, § 9-85) (Ord. 94-11B, passed 4-21-1994)