(A) The city defines “utility service” and “utility systems” to include both the distribution/ collection system as well as the capacity to treat and operate the utility systems. Water lines are useless without water supply and storage which generates water pressure. Sewers are useless without the capacity to treat the wastewater and a permit to discharge treated wastes to the surface waters of the State of Indiana. People are often confused about "sewer service" because of the entity that owns the collection/distribution system or the entity which sends them a bill for service. Since the city owns and controls the water supply and the capacity to treat and discharge sewage to the surface waters of the State of Indiana, the City of Peru therefore is considered to provide this utility service, even in cases where another legal entity might own the collection sewers or the water lines. This policy is therefore based on the holistic issue of utility service. Any property receiving utility service, as defined herein, will be considered eligible for annexation.
(B) In cases where a developed property connects to the “utility systems” of the city, as defined above, that property becomes immediately subject to annexation by the city, as a condition of receipt of sewer service. If said property cannot be configured in a manner that meets the annexation parameters of state law, then the city will consider developing an annexation agreement or a special contract under IC 36-4-3-8 or IC 36-4-3-21 or such other provisions as might be appropriate to the situation in question.
(C) In any and all cases, this statement of annexation and growth policies hereby categorically states that utility services are not to be offered to any area on a "free" basis. Provision of such utility services is to be paid by the property owner in all cases, and in full accordance with the system of rates, fees and charges approved by Peru Utilities. In cases where a developer creates a subdivision, the developer pays such rates, fees and charges and such costs are passed through in the cost of the subdivision lot/parcel. In cases where rural property is annexed, that rural property will be subject to similar rates, fees, and charges as were levied against the developer.
(Ord. 24-2002, passed 8-5-02)