In all cases of proposed annexation of uninhabited territory the same agreement provided for by Section 1.08.070 of this chapter shall be required and executed prior to the city council approving the proposed annexation for submission to the local agency formation commission and the agreement shall contain the following conditions:

    A.    Sewer service for wastewater treatment shall be allowed the owner of the property to be annexed by the city only as capacity for wastewater treatment service is available in the city's wastewater treatment system. Connections to the wastewater treatment system shall be granted on a first-come, first-served basis for all parcels within the city sewer service area, as capacity exists. Owners of property annexed to the city shall agree that the city shall not be legally liable to such owner(s) for any damages whatever if the city fails to provide wastewater treatment services for any reason to the property owner's land after annexation.

    B.    The total amount of the fee, less the amount of reduction approved in accordance with Section 1.08.040 by the city council.

    C.    The period beyond the date of adoption of the resolution ordering annexation, for payment of the total fee, if not paid prior to the adoption of the resolution ordering annexation.

    D.    Payment of fee, either prior to or following completion of annexation proceedings to be made to the city clerk, and the issuance of a receipt.

    E.    Acknowledgment of the fee as a valid lien against the property to be annexed. Recordation of agreement containing description of specific property or properties obligated for fee payment, and specifying payment in escrow proceedings upon sale of any part or all of obligated property, unless the subsequent purchaser executes a novation with the city.

    F.    For an annexation of fifty acres or less, payment of the fee of undeveloped and uninhabited territory, may be in lump sum or in installment payments of at least thirty-five percent at the time of annexation with an annual interest rate as established by resolution of the city council. Full payment shall be made prior to filing a final subdivision map or prior to the issuance of any building permit for any part or all of the entire property annexed. For this purpose, the city reserves the right not to issue any building permit or approve the filing of a final subdivision map for any portion of the annexed property for which full payment has not been made.

    G.    For an annexation of more than fifty acres, the payment of the fee for undeveloped and uninhabited territory, may be in lump sum or in installment payments of at least thirty-five percent at the time of annexation with fifteen percent within two years thereafter. The remaining fifty percent shall be paid on a pro rata basis as each building permit is issued. The amount due for each building permit shall be determined by calculating the amount of fee which is equal to the proportion of acreage of the building permit parcel to the total acreage within the annexation. In all cases, the total amount of annexation fees shall be paid by the property owners to the city within ten years from the date of the agreement.

    H.    The agreement, when fully executed and acknowledged, shall in all cases be recorded with the county recorder. (Ord. 454 § 1, 1991: prior code § 2A-08)