(A) When a developer shall have been required to provide and shall have provided necessary offsite water and sanitary sewer lines and shall have provided a statement to the city certifying the cost of construction of the improvements and such statement is considered acceptable documentation for construction costs associated with the improvements, and such improvements will also benefit other property owners requiring use of the improvements, and such cost is deemed by the city to be fair and just, property owners benefitting from the improvements and desiring to connect onto the water or sanitary sewer line shall share in the cost of such improvements by making repayment to the city on a "pro rata basis" in the amount determined by the City Engineer for the costs associated with the construction of the improvements.
(B) DEVELOPER, as used herein, shall mean any person seeking extension of water and/or sanitary sewer service for two or more platted lots in an area in which water and sewer mains have not been extended. An individual user shall mean any person who is not a developer as defined herein. The City Engineer shall determine water pro rata charges on the basis of a front footage formula or on the length of the water line crossing the individual user's property, lot or tract. As used in this section, front footage shall mean the width of the property facing on a public street where the water extension is constructed along and abutting the individual user's property, lot or tract. A per acre basis pro rata may be used by the City Engineer to determine the amount of pro rata charge to be made for sanitary sewer service.
(C) In the event a developer is required to construct offsite water and/or sanitary sewer lines, the city is authorized to enter into a pro rata agreement with the developer to collect pro rata charges as determined hereby from property owners making future requests of connections onto the offsite water or sanitary sewer lines, and to refund to the developer such collected pro rata charges for any period of time up to ten years from the acceptance of the line and up to 100% of the cost of the offsite improvements constructed by the developer.
(D) It shall be the duty of a developer to procure, provide and pay for the necessary easements and rights-of-way along the lines for water and sewer extensions approved by the city, except to the extent public easements and rights-of-way are already available for such extensions. All easements, rights-of-way, lines, mains, valves, hydrants, laterals and appurtenances shall upon installation and construction become the property of the city, free and clear of all liens, claims and encumbrances. The pro rata charges set out herein shall not include payment for any taps, valves, fittings or other appurtenances necessary to be installed by a property owner connecting to the line after its completion.
('78 Code, § 17-2.1) (Ord. 949, passed 2-8-93)