(A) The provisions of this section apply where the premises for which an application for water and/or sewer service is made:
(1) Abuts a street, alley, or highway or road in which the sewer or water main is located, or otherwise abuts or is adjacent to the sewer or water main;
(2) Has not previously been included within a district created for the purpose of construction of the sewer or water main;
(3) No part of the cost of construction of the sewer or water main has been paid by the owner or previous owner(s) of the premises (the cost of construction shall not include the furnishing of a right-of-way or payment of general taxes or sewer or water charges); and
(4) The cost, or a part of the cost, has been paid by the city.
(B) If division (A) above is applicable, then no permit shall be issued until the payment of a fee calculated as follows.
(1) A qualified engineer designated by the city shall determine the cost of constructing the sewer or water main in question as of the date the determination is made, that is, at the present time.
(2) The engineer who determined the cost as described above shall, in the same manner as is done in determining the extent of the special benefit conferred by the original construction of a public improvement, make an equitable apportionment of the cost of the sewer or water main among the properties benefitted by the sewer or water main.
(3) The fee payable by the applicant shall be the amount determined in the paragraphs immediately above. In all cases where the city borrowed funds to finance the construction of the sewer or water main, the fee shall be increased by a sum equal to interest on the amount determined in the paragraph immediately above at the rate paid by the city for any sum borrowed to finance the construction, and calculated for the period of time between the borrowing of the funds and the time the debt was paid, or if the debt has not been paid, from the date of the borrowing of the funds to the date of the application for service.
(C) The City Manager may allow the applicant to pay the fee described in this section in ten annual installments. As a condition to such allowance, the City Manager shall require such security as the City Manager deems adequate. If payments are made in installments, the payments shall include interest at a rate specified by the City Manager. The first such installment shall be paid before the connection is made. The day and month the first payment is made is called the anniversary date. The second installment shall be due on the anniversary date of the next year after the payment of the first installment, and each subsequent installment shall be due on the anniversary date of each subsequent year until the balance, with interest, is paid in full. An installment is delinquent if not paid when due. If an installment becomes delinquent, it shall bear interest at the rate specified in Neb. RS 45-104.01, as such rate may be adjusted from time to time by the Legislature, until the same is paid. Should there be three or more of said installments delinquent, the City Manager may declare all future installments immediately due and payable, and the city may proceed to collect in any lawful manner all sums and interest which due to it.
(D) The fee described in division (A) above shall be in addition to the applicable connection fees for water and sewer service as described elsewhere in this chapter.
(E) In the event that a person has paid special assessments to reimburse the city for the cost of construction of such sewer or water main, the city shall, upon collection of the entire fee described in division (B) above, pay to such person a sum equal to the difference between the amount of such assessments paid by such person and the amount such person would have paid if the premises for which application for service is made had been originally a part of the district created for the purpose of construction of the sewer or water main. The total amount paid under this division (E) shall in no event exceed the amount of the fee collected by the city pursuant to division (B) above. For the purpose of this division (E), the term “special assessments” shall include interest.
(Ord 3853, passed - -2005)