(A)   When an applicant has complied with the provisions of §§ 52.105, 52.108 and 52.109(A) of this chapter, and the city has failed to install operating water line extensions and/or water mains within the lesser of either 150 calendar days after the date that the applicant has made a complete application under the provisions of § 52.105 of this chapter, or 90 days after the applicant has made its deposit with the City Clerk pursuant to § 52.108 of this chapter, the applicant may arrange for such water line extensions and/or water mains to be constructed by employees licensed in the state, pursuant to ILCS Ch. 225, Act 320, §§ 0.01 through 43, or an independent contractor licensed in the state, pursuant to ILCS Ch. 225, Act 320, §§ 0.01 through 43.
   (B)   If this section applies, the city shall:
      (1)   Refund to the applicant any deposits made by the applicant provided for in §§ 52.108 or 52.109(A) of this chapter;
      (2)   Pay any additional reasonable expenses directly incurred by the applicant as a result of the city’s failure to install the water line extensions and/ or in the installation or construction of the water line extension and/or the water main as provided herein;
      (3)   To the extent of any insurance coverage covering the city, defend, indemnify, reimburse and hold harmless the applicant against liability for any contract awarded under the provisions of § 52.109(B) or (C) of this chapter, and any and all costs, expenses and attorney’s fees incurred in connection with same;
      (4)   If applicable, pay applicant the cost differential suffered by applicant as a result of a requirement by the city of installation of a size of pipe larger than is found by the city engineering standard to be necessary for the subdivision; and
      (5)   Promptly, upon tender, inspect and, if in conformance with all local, state and federal rules, regulations, orders and laws, such determination of conformity to be reasonably made, accept conveyance of the water line extensions and/or water mains.
   (C)   The city may, at its option, mitigate its obligations under this section by timely delivering the plans prepared by the City Engineer or a civil engineer acceptable to the City Council under the provisions of § 52.107 of this chapter to the applicant, to that extent reducing the additional expenses incurred by the applicant by the amount the applicant would have paid to a third party for same. The city, at its option, may take any other actions to mitigate its obligations.
   (D)   Further, if this section applies, any contracts pursuant to § 52.109(A) and (B) of this chapter shall be deemed null and void.
(1999 Code, § 52.106)  (Ord. 1759, passed 5-30-1995)