(A) All applications for water and sewer extensions outside the corporate limits shall be fully covered by a contract and agreement between the applicant and the city. Such contract and agreement shall contain the provisions set forth in this section and any other requirements of the City Council. The extensions requested in the applications shall be completed within six months unless otherwise provided by the City Council. Before work shall be commenced on the application, the applicant shall be subject to and shall conform his or her conduct to the provisions and requirements set forth in § 51.42(A) and (B) and any other requirements that may be required by the City Council; provided, also, before the construction of either water or sewer mains shall have commenced, as herein provided, the applicant shall be required to furnish a surety bond with a responsible insurance company to guarantee the faithful completion of the applicant’s application as provided in the aforesaid contract and agreement.
(B) If an application is approved by the City Council, the applicant, at his or her own expense, shall furnish all labor and materials and construct all water and sewer mains and water and sewer taps and lateral lines, including all necessary manholes, hydrants, water meters, and appurtenances, all of which shall meet the city’s specifications and development standards. Each building lot within a subdivision or project area shall be furnished with a water line lateral and meter and a sewer line lateral, if connection to the sewer main is possible, and the city will make no further connection charges unless new or additional taps are requested. The applicant shall be responsible for all of the costs of these utility improvements within the proposed project as well as the cost of extending service from the corporate limits or existing water and sewer mains to the project. Upon completion of the utility improvements and inspection and acceptance by city personnel, the applicant shall convey to the city fee simple title to all water and sewer mains and lateral lines constructed, together with all meters, taps, manholes, hydrants, and appurtenances connected with the lines.
(1) If the applicant funds the cost of extending service from the corporate limits or existing water or sewer main to the development, whether it be a single or multiple lot project, the applicant shall receive a reimbursement as set forth hereafter from water and sewer connection fees on that portion of the main extended to the development. For a period of ten years from the date the applicant’s application is approved by the City Council, the applicant shall receive 30% of the going rate or charge for each water connection and 20% of the going rate or charge for each sewer connection.
(2) The city may participate in the cost of extending water and sewer mains from the corporate limits or existing water and sewer mains to the project but not within the project site, subdivision, or development. If the City Council feels it desirable to have larger mains installed than the size necessary and required to serve the project, the Council may agree to pay the difference in the cost of pipe and appurtenances for the larger main.
(3) (a) If the line to be installed by the applicant is larger than the existing line at the corporate limits at the point where the applicant proposes to connect and it is determined by the city’s engineers that the existing smaller line will have to be replaced in order to provide adequate pressure and flow for the applicant and current users, the City Council may agree to participate in the cost of replacing the existing smaller line from the point of connection at the corporate limits to a point where there exists a line as large or larger, if necessary, than the one to be installed by the applicant.
(b) If the City Council agrees to participate in the cost of replacing the smaller line, the cost will be shared 75% by the applicant and 25% by the city.
(C) An applicant for sewer services outside the city shall enter into a contract and agreement in which he or she guarantees to pay to the city for all sewer service charges that may be assessed against him or her; provided, it is understood that the city will not be held responsible for the lack of water pressure or flow that may involve the applicant when the city does not furnish the applicant with water services and provided, further, that after the connection of water or sewer connections herein provided have been made and it is determined that either the water or sewer connections involved are inadequate because of the size of the applicant’s installation, the additional cost to provide adequate water and sewer service shall be assumed fully by the applicant.
(D) No reimbursement shall be made upon annexation. All water and sewer lines connected to the system of the city and located outside the corporate limits shall become the property of the city at the time such facilities are connected.
(E) Prior to the beginning of any construction, the owner shall deposit with the city funds in an amount equal to the total estimated cost of any extensions. Upon receipt of such funds, a written contract shall be entered into by and between the city and the property owner in accordance with the requirements of this division (E). Such contract shall provide that in the event the amount of the total funds deposited exceeds the amount of the total extension cost when completed, that portion in excess of the total cost will be refunded to the owner without interest. Such contract shall also provide that if the amount deposited is less than the total cost, the owner shall pay such additional amount to the city.
(F) In lieu of depositing funds, the owner may execute a surety bond guaranteeing payment for such extension or have such extension work performed under private contract with the approval of the City Council. All work is to be performed in accordance with construction requirements of the city and shall be subject to inspection and approval by the city.
(G) If the property for which application has been made for water or sewer service is contiguous to the corporate limits, the owner of such property agrees to annexation and such property is subsequently annexed to the city, then all extensions made to such property between the time the application is filed and the time the property is annexed shall be financed in accordance with the provisions of § 51.44.
(Prior Code, § 51.060)