§ 15-128. District sewers.

(a)

Generally. The council may order the construction of district sewers and appurtenances for sanitary drainage for districts to be known as sanitary sewer districts; the construction of district sewers and appurtenances for storm drainage for districts to be known as storm sewer districts; the construction of district sewers and appurtenances for storm and sanitary drainage for districts to be known as combined sewer districts; the construction of relief sewers or intercepting sewers, and appurtenances for storm drainage, sanitary drainage or both, for districts to be known as relief sewer districts, or intercepting sewer districts; and the construction of district sewers and appurtenances for sanitary drainage for districts to be known as special sanitary sewer districts, the construction to be approved by ordinance passed by the council. Such sewers shall be constructed so as to connect, within or without the district, with some other sufficient sewer or sewage disposal station or with some natural drainage. Such districts, except special sanitary sewer districts, may be composed of subdistricts, to be specifically named or numbered in the ordinance. District sewers, except as otherwise provided in this chapter, shall include all submains necessary to provide outlets for all subdistrict laterals within the district. Special district sewers shall include the necessary mains to provide outlets for all laterals within the special sewer district.

(b)

Subdistrict laterals. The council may, at the time of ordering the construction of district sewers or at any time thereafter, order the construction of subdistrict laterals in any subdistrict so as to connect the subdistrict laterals with the submains or with the district main sewer, the construction to be approved by ordinance as in the case of district sewers.

(c)

Assessment of costs. The cost of district sewers shall be assessed upon all the real estate in the district, in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district, exclusive of public highways and parks, and the cost of subdistrict laterals shall be assessed in like manner upon all the real estate in the subdistrict; provided that the construction of any submain may be omitted until such time as it may be required, in which case subdistricts so left without submains shall not be assessed for any part of the cost of submains constructed along with and as a part of the sewer district. Whenever submains so omitted are required and constructed they may be ordered as provided for other sewers, and their cost shall be assessed to the subdistricts which are supplied with submains.

(d)

Temporary connections from property without district. Temporary connections may be made with any sewer from property lying without the district, with the consent of the council and upon such terms as it may require.

(e)

Connections with private sewers; authority to require connections. Private sewers connected with district sewers may be constructed under such restrictions and subject to such regulations as may be prescribed by the council, but no expense shall be incurred by the city in constructing them, and the city shall have power, by ordinance, to compel the owner of any premises in any sewer district or subdistrict to connect the private sewer with the district or subdistrict sewer at his own expense.

(f)

Connections before cost or assessment paid. No lot, premises or tract in any sewer district shall be connected with the sewer district sewer unless, before the completion, the estimated cost or, after completion, the assessment, has been paid, except that, in cases where the cost of sewers is to be assessed upon property in a district and the payment therefor had been fixed by the council to be made in installments, then connections may be made at any time when deemed advisable by the director of public works.

(g)

Payments when assessments held illegal. If, in any sewer district, any assessment upon the lots therein for the construction of the sewer has, in any court of competent jurisdiction, been held illegal, the owner of any lot in such district shall only be permitted to connect with such sewer upon payment into the treasury for the use of the holder of warrants or bonds issued for the construction of such sewer, or, if such warrants have been taken up, then into the general fund of the city, such amount as may be fixed by ordinance.

(h)

Provisions of chapter not applicable to certain storm sewers and drains. Nothing contained in this chapter concerning sewer districts shall be construed as applicable to storm sewers and drains acquired as a part of a street improvement program.

(Code 1961, §§ 16-21—16-28)