Agenda - 03-29-2012 - Abstract of Items

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138 23 If the opt -in threshold is met, property owners who fail to respond favorably during the sign -up period may request service in the future and the municipality may charge them for a percentage of the average cost of installation (based on the cost of residential installations from curb to residence, including connection and tap fees, in the area described in the annexation ordinance). The proportion that may be charged to latecomers is on a sliding scale for five years, after which the city may charge any properties requesting service according to the city's policy. If owners do not opt in. If the owners of a majority of the parcels do not request extension of water and sewer services, the municipality may proceed with the annexation and is not required to provide water and sewer services to any property owners in the annexation area. [If it nonetheless decides to provide the services, the act sets out a sliding scale of the amount that a requesting property owner can be charged for the connection during the first five years after the effective date; after that the city can charge according to its policy.] No fees to non - customers. The city may not require the payment of capacity charges, availability fees, or any other similar charge from property owners in the annexed area who do not choose to become customers of the water or sewer system. Time for completion of infrastructure. Any required water and sewer infrastructure must be in place within 3.5 years of the effective date of the annexation ordinance. If the municipality is unable to provide the services within that timeframe due to permitting delays through no fault of its own, the municipality may petition the Local Government Commission for a reasonable time extension. Applicability. The requirement to extend water and sewer applies to municipalities that already provide water or sewer service to customers within their existing boundaries. If the municipality does not provide water or sewer, but its existing residents are served by a public water or sewer system (or by a combination of a public water or sewer system and one or more nonprofit entities providing service by contract with the public system), the city could be exempt from financial responsibility for the extension of service to the annexed area. The exemption applies only if the annexed area is served by the public water or sewer system and the municipality has no responsibility through an agreement with the public water or sewer system to pay for the extension of lines to annexation area. "Public water or sewer system" in this context means a water or sewer authority, a metropolitan water or sewerage district, a county water or sewer district, a sanitary district, a county -owned water or sewer system; a municipally -owned water or sewer system; a water or sewer utility created by an act of the General Assembly; or a joint agency providing a water or sewer system by interlocal agreement.