§ 21-121. Same—Public improvement requirements.

(a)

Prior to receiving sewer service, the owner of a single residential property located outside the city limits and not presently eligible for annexation must comply with the following:

(1)

Agree in writing to include the property in any special improvement district formed to provide sanitary sewer service, facilities, lines or related services in which the property is eligible to be included at such time as the eligibility occurs. The agreement is to be made a covenant running with the land.

(2)

Agree in writing to include the property in any special improvement district formed to provide curb, gutter, paved streets, sidewalks, storm sewers, water service and other public improvements and not to oppose the formation of the districts; and that the installation of the improvements will be provided at no cost to the city, according to city specifications, when the property has been annexed to the city. The agreement is to be made a covenant running with the land.

(b)

Prior to receiving sanitary sewer service, the owner, subdivider or developer of a subdivision of two (2) or more lots located within the corporate limits of the city or which is eligible for immediate annexation must comply with the following:

(1)

Install, at no cost to the city, all curbs, gutters, paved streets, sidewalks, storm sewers, water lines and taps and other public improvements according to city specifications and in accordance with the requirements of chapter 18, pertaining to subdivisions.

(2)

Install all sanitary sewer lines and taps per city specifications at no cost to the city, with no repayment provisions.

If it is not physically possible or practicable, as determined in the sole discretion of the director, to make the installations required at the time of first receiving sanitary sewer service, the owner shall agree in writing to install them as soon as the installation becomes possible. The agreement shall be made a covenant running with the land.

(c)

Prior to receiving sanitary sewer service, the owners of property located outside the corporate limits of the city and not eligible for immediate annexation, in existing platted subdivisions which are wholly or partially developed and where more than one (1) owner is involved, shall be furnished sanitary sewer service only on a special district or home owners association basis and must comply with the following:

(1)

Satisfy all county subdivision regulations.

(2)

Install all of the sanitary sewer lines and taps per city specifications at the district's or association's expense with no repayment provision.

(3)

Comply with any then-existing requirements of the city for inspections of the work, including paying a qualified city inspector if this condition is required by the director.

(4)

Agree in writing to include the property in any special improvement district which is formed to provide curb, gutter, paved streets, sidewalks, storm sewer, water service and other public improvements and not to oppose the formation of the districts; and that the installation of the improvements will be provided at no cost to the city, according to city specifications, when the property has been annexed to the city. The agreement is to be made a covenant running with the land.

(d)

Prior to receiving sanitary sewer service, the owner of property located in a newly developed and platted subdivision wholly owned by one (1) individual, a partnership, joint venture or corporation which is not eligible for immediate annexation shall comply with the requirements of subsections (c)(1) through (4) of this section, but will not be required to include the property in a special improvement district formed to provide sanitary sewer service, facilities, lines and other related services.

(Ord. No. 9-1991, 9-24-91, eff. 9-27-91)