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Whenever the owner or owners of any intervening property or properties shall apply to the Village for the right to tap into or make connection with a sewer or water line extension, the Village Administrator shall compute and certify to such person the pro-rata cost of construction of that section of such line abutting the applicant’s property and shall, before issuing a permit to tap into or connect therewith, receive such pro-rata contribution or reimbursement and, upon receipt thereof, remit a pro-rata share to the person constructing such line. The determination of the Village Administrator as to the amount of such contribution shall, in the absence of willful fraud or misconduct, be conclusive as between the Village and the applicant having constructed such line.
(Ord. 19-91. Passed 7-8-91.)
(Ord. 19-91. Passed 7-8-91.)
Sums to be contributed by intervening owners, as provided for in Section 928.07, shall be in addition to and exclusive of fees required and fixed by ordinance as inspection or permit fees for connection with or tapping into Village sewer or water lines. However, the Village Council retains the right to waive such fees.
(Ord. 19-91. Passed 7-8-91.)
(Ord. 19-91. Passed 7-8-91.)
When an applicant is authorized to construct an extension, the applicant shall deposit with the Village Administrator a waiver of liability, which shall save the Village free and harmless from any and all damages or claims for damages which may arise or grow out of the extension, and shall defend at his or her own expense any and all suits for the recovery of damages arising or growing out of the construction of such extension which may be brought or prosecuted against the Village. (Ord. 19-91. Passed 7-8-91.)
Upon completion of all possible connections to the extension, but in any event at the end of a ten-year period from the date of acceptance, all claims of the applicant for reimbursement under Section 928.07 shall cease. If at any time during the ten-year period the original applicant or his or her successors cannot be located for purposes of reimbursement under Section 928.07, the applicant will be deemed to have forfeited his or her claims to any further reimbursements. In such cases, the contribution of the intervening owner shall be placed in the Water or Sewer Fund for use as the Village Council may designate.
Upon the written request of the applicant, the Village Council may extend the term of the agreement if it determines that the circumstances at the end of the original period warrant the extension.
(Ord. 19-91. Passed 7-8-91.)
(Ord. 19-91. Passed 7-8-91.)