§ 51.023 ANNEXATION FEE.
   (A)   The sewer annexation fee for real property annexed to the city after May 20, 1964 and before December 31, 1977, or filed for annexation before December 31, 1977 and subsequently annexed to the city, and otherwise entitled to be connected to the public sewer, and for which a sewer annexation fee has not been paid, is the sum of $1,025 per gross acre, provided that the fee is paid on or before June 30, 1981. After June 30, 1981, the sewer annexation fee must be as described in divisions (B), (C) or (D) of this section and must be paid before connection to the public sewer.
   (B)   Except as provided in divisions (C) and (D) of this section, the sewer annexation fee for real property to be annexed to the city, and otherwise entitled to be connected to the public sewer, and for which a sewer annexation fee has not been paid, will be an amount established by the City Council, payable before completion of annexation.
   (C)   The sewer annexation fee for real property to be annexed to the city and to be located within the Hillside Planned Development Zone, and otherwise entitled to be connected to the public sewer and for which a sewer annexation fee has not been paid, must be an amount established by the City Council, payable before completion of annexation.
   (D)   The sewer annexation fee for real property to be annexed to the city and to be located in any zone other than the Hillside Planned Development Zone and for which a residential development is proposed, and otherwise entitled to be connected to the public sewer, and for which a sewer connection fee has not been paid, will be an amount established by the City Council, provided that the fee is paid before completion of annexation and the lesser fee must be refunded by the city to the person who originally paid the fee upon completion of the residential development, provided the development is completed and a request for the refund is filed with the city upon completion and within five years of the date of annexation to the city. In the event the development constructed is different from that proposed before annexation, or all or a portion of the land annexed to the city remains undeveloped or is developed to nonresidential use, the sewer annexation fee must be re-computed based upon the actual development before payment of any refund. The re-computed sewer annexation fee for vacant land or for land developed to nonresidential use must be an amount established by the City Council per gross acre of land annexed including a pro rata share of the area of any public street dedicated to the city after annexation for which an annexation fee was paid. The residential development, for which the lesser fee is paid, must be such that, in the opinion of the City Council, future additional development is unlikely.
   (E)   The owners of real property which is to be annexed to the city, and for which a sewer annexation fee is required, and for which sewage collection service is not available as determined by the City Council, may at the property owner's option, pay the sewer annexation fee in effect at any time at or before the time sewage collection service becomes available and connection is to be made to the public sewer, in which event the fee must be paid before connection to the public sewer.
(Ord. 1093, passed 2-17-04)