§ 94-228. Service to outlying territory.

(a)

The village, by proper resolution of the village board, shall have the right at its discretion, upon payments, terms and conditions as may be mutually agreed upon, to contract in writing for the right to use any sewer serving property located wholly or partly outside the village corporation limits. A permit fee of $250.00 for each sanitary sewer connection shall accompany the application.

(b)

If a contract is made pursuant to subsection (a) above, a user of any sewer serving property wholly or partly outside the village corporate limits shall be subject to all of the terms and provisions of this article and, in addition to all payments and charges, is required to install a meter for the purpose of flow measurement. The meter shall be installed at the owner's expense in accordance with plans and specifications approved by the village engineer and maintained at all times at the user's expense. In addition to the quarterly fees determined according to the rates set forth in section 94-221, a surcharge of 25 percent shall be assessed on each quarterly statement.

(c)

If any property of a person desirous of becoming a user is situated outside the corporate limits of the village and not contiguous thereto so that it may not properly be annexed to and become part of the village corporate limits, the village, at its discretion, may permit such a connection, provided that a contract providing essentially the following be entered into between the village and the user:

(1)

The user may connect buildings situated only on the fully described tract set forth in the agreement and in accordance with all applicable laws, ordinances and regulations of the village and local, state and federal governments.

(2)

The user, his successors and assigns, shall, in addition to costs noted previously, pay annually an amount equivalent to village taxes computed in the following manner:

a.

The equalized, assessed value of the user's taxable property or of any subdivided part or separate tract thereof, as determined by proper authority of the county, shall be multiplied by the village's rate of tax upon real estate and personal property situated within its corporate area for the year when the tax rate is determined.

b.

The amount, when computed by the village, shall be charged to the user, its successors and assigns, and the statement sent to the user shall be paid within 30 days after the date of sending. Any amount remaining unpaid after the due date shall draw interest at the rate of 12 percent per annum until paid.

c.

The amount computed for the use shall be prorated from the date of the contract if the sewer system was used for only a partial year.

d.

If the user or any successor or assigns thereof shall fail to pay the amount when due, each tract for which payment is not made shall be disconnected by the owner from any other sewer that was connected under the contract and ultimately attaches to the village wastewater treatment plant. The user shall have caused or required its sewer system to be constructed within the property in order that separate tracts may be so disconnected and hereby gave and granted the village an irrevocable easement for the purpose of going upon the same and disconnecting any such sewer if the producer, its successors or assigns fails to disconnect promptly when required.

e.

In addition to the right of disconnection, the village shall have a lien upon the property or subdivided portion of it in the amount of any unpaid charges due. Upon the filing of notice, the lien shall be deemed perfected and the lien may be charged and redeemed or foreclosed and the property sold to satisfy the unpaid charges in accordance with statute.

f.

The village shall have the additional right to file a civil suit to recover the amount of the lien, the full cost incurred in disconnection and all its reasonable legal expenses and attorney's fees incurred as a result of the suit.

g.

All amounts charged under this section are due and shall continue to be due, whether or not such sewer is disconnected; and no sewer shall be reconnected until the village is paid in full for all amounts due it; and, in addition, the village shall be paid a deposit equal to the estimated charge for the next succeeding year. This deposit shall be held by the village in escrow and will be returned upon satisfactory payments of amounts due the village for a period of two years.

(3)

The village shall not, without its prior written consent and acceptance, have dedicated to it or own any sewer system installed within the property; and the producer, its successors and assigns shall maintain the same at its own cost. This provision shall not be construed to prohibit the dedication of part or all of such sewer system to another unit of government.

(4)

Upon conveyance by the owner of all or any subdivided portion or tract of such property, the successor in title shall succeed to all rights and liabilities in this section; and the owner shall have no future liability to the village in respect to such tract except as shall have accrued as of the date the instrument of conveyance is recorded in the office of the register of deeds of the county.

(5)

If such property described in this section or any subdivided or separate tract shall be annexed to the village by proper ordinance, the agreement executed under this article shall terminate.

(6)

The agreement executed under this article shall be recorded in the office of the register of deeds of the county, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.

(7)

If any part or provision of the agreement shall be found or held by a court of competent jurisdiction to be invalid or unenforceable, the entire agreement shall terminate and all sewers of the owner or its successors or assigns shall be promptly disconnected from any such system that ultimately connects to the village wastewater treatment plant.

(8)

The applicant for treatment service under an agreement pursuant to this article shall agree to assume user charges, industrial waste charges and capital surcharge, if applicable, and to obtain from the village the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the treatment system.

(Code 1983, § 13.49)