§ 48-172. Construction of sanitary sewer system.

(a)

Initial construction.

(1)

The village shall construct a sanitary sewer system for the village; however, such construction shall be in phases based on the economic and other factors which may affect construction. It is contemplated that all initial cost of construction of phase one, including, but not limited to, professional fees, easement acquisition, labor, and materials shall be paid in advance by the persons to whom service is being extended. Before any funds for any initial construction are requested, the proposed construction shall be approved by the city council.

(2)

After the city council approves the initial construction project, the persons who wish to connect to the system will pay an amount of money in escrow in a noninterest bearing account to the village equal to the total cost of the project. Each person shall pay pro rata based on the total number of connections in the project. If there is less than 100 percent participation based on the total projected connections, then those persons contributing funds shall pro rata pay the additional funds to the village. Any person not contributing in advance their portion of the project cost shall not be permitted to connect to the system. Any person not initially participating, but who later wishes to connect to phase one of the system shall contribute their pro rata portion based on those contributing to that date, and then be connected to the system. Those persons initially, or who later contribute to phase one of the project shall then receive reimbursement pro rata the funds later contributed. If there are cost over runs, then the village shall demand from those contributing to phase one of the project pro rata such additional funds as are necessary to complete the project. The village shall pay all costs of phase one of the project from the escrow account.

(3)

No person shall be allowed to connect to the initial system unless and until they have contributed their full pro rata portion of the cost of phase one of the system. No person shall be allowed to connect to the initial system thereof unless and until the village has been paid for the full cost of the project. No person who connects to the sewer system shall ever reconnect to a septic system.

(b)

Second phase.

(1)

The village shall construct phase two of the sanitary sewer system for the village which will provide approximately 450 connections, which connections are shown on Exhibit "A," on file in the office of the city secretary and incorporated herein by reference. All persons, or their successors and assigns, owning property with connections as shown on Exhibit "A" are required to connect to the sewer system, and to disconnect and dispose of their septic systems as required by state law and regulations. No person who is required to connect to the sewer system shall ever reconnect to a septic system.

(2)

After completion of phase two and acceptance by the city council, then each owner shall pay a connection fee as currently established or as hereafter adopted by the city council from time to time and kept on file in the office of the city secretary to tap into phase two of the system. This sum may be paid in one lump sum, or at the rate as currently established or as hereafter adopted by the city council from time to time and kept on file in the office of the city secretary, or by grant if the owner is approved for a grant for such payment. The quarterly or monthly payments shall not earn interest unless any payment is late in accordance with the contract provided herein. Each owner who does not pay the money in one lump sum for each connection owned or is not approved for a grant shall sign a separate contract with the village for payment as provided herein, which contract will provide for the payment of interest in the event of late payment.

(3)

Persons shall be allowed to connect to the system upon paying the lump sum per connection provided above, upon being approved for a grant for payment for the connection, or upon signing the contract with the village. Any person who is late in any payment under their contract shall be disconnected from the water system, under the same rules for disconnection for late water payments.

(4)

The tap fees shall be placed by the village in an interest bearing capital improvement fund, which shall be dedicated for cost of improvements to the Oyster Creek Treatment Plant or the extension of or repair of the current village sewer system.

(Ord. No. 99-10, § 23, 9-14-1999; Ord. No. 2006-13, § 1, 9-12-2006; Ord. No. 2016.09.13D, § 2, 9-13-2016)