Where the city sewer does not exist and the subdivision lies
within approximately five hundred feet or as specified by the city
engineer and ratified by the city council from existing sewers, the
subdivider must construct the city sewer according to the city's master
plan of sewers and the city specifications. The initial cost of constructing
the city sewer shall be borne by the subdivider. The city may enter
into a refund agreement, not to exceed ten years, to reimburse the
subdivider, based on benefit, the cost of constructing the sewer,
excluding interest, for all property fronting the sewer not included
in the subdivision at such time when the property conducts to the
sewer.
(Prior code § 16.14; Ord. 907 § 1, 1963; Ord.
1542 § 5, 1989)
If the real property to be connected fronts on a street where
a sewer exists and the boundary lines thereof are substantially parallel,
the connection fee shall be six dollars and fifty cents per front
foot of lot or parcel, measured parallel to the street front; but
where the boundary lines thereof are not substantially parallel, the
connection fee shall be six dollars and fifty cents per foot average
width of such lot or parcel, as determined by the city engineer. The
connection fee shall cover and permit the connection of only that
portion of the lot or parcel to be connected which is within one hundred
fifty feet from the street front of the property. The remainder of
the lot or parcel, if any, shall not be connected to or use the sewer,
either directly or indirectly, unless a permit is obtained therefor
and an additional connection fee is paid at the rate of seven hundred
thirty dollars per acre of area of such remaining property. A corner
lot or parcel shall be considered to have one street front. All real
property will be subject to charges made necessary by virtue of any
refund agreement entered into by the city as a result of construction
of any sewer connection or trunk lines. This charge will be in addition
to the front footage charges herein provided.
(Prior code § 16.14; Ord. 907 § 1, 1963; Ord.
1542 § 6, 1989)
No connection fee should be required when the real property
to be connected has been directly assessed for the cost of the street
sewers. No connection fee shall be required when the street sewer
has been installed with the approval of the city for the benefit of
the real property to be connected, providing said property has contributed
its pro rata share to the cost of the sewer installation, except as
provided under a refund agreement with a third party.
(Prior code § 16.14; Ord. 907 § 1, 1963)
In the event it is necessary to construct a sewer line exceeding
eight inches in diameter, the city may enter into a refund agreement
with the subdivider, owner or land developer in the amount of fifty
cents per diameter inch per lineal foot sewer line, in excess of eight-inch
diameter. The refund amount is to be paid over a period not to exceed
five years. The amount of refund is to be paid from formal budget
allocations and moneys received from sewer connection charges.
(Prior code § 16.14; Ord. 907 § 1, 1963)
The amount of any sewer connection fee shall be deemed a debt
owing to the city, and any person who connects to a street sewer without
having paid the connection fee in full as provided in this section,
or any portion thereof, shall be liable to an action in the name of
the city in any court of competent jurisdiction or the amount of such
fee. The conviction and punishment of any person for connecting to
a street sewer without obtaining a permit to do so shall not relieve
such person from paying the connection fee due and unpaid at the time
of such conviction, nor shall the payment of any connection fee prevent
a criminal prosecution for the violation of any of the provisions
of this title. All remedies prescribed hereunder shall be cumulative,
and the use of any one or more remedies shall not bar the use of any
other remedy for the purpose of enforcing the provisions of this title.
(Prior code § 16.14; Ord. 907 § 1, 1963)
