(A) The WMU Commission must approve all privilege fee agreements or declarations in an open session meeting with notice to the public. Upon receipt of any application for approval of a privilege fee agreement, the WMU Commission shall notify the chief executive officer of the legislative body governing the land affected by the privilege fee agreement of such application and the times and dates when the agreement will be considered by the WMU Commission, which date shall be at least 30 days after such notice.
(B) Prior to submitting a privilege fee agreement or declaration to the WMU Commission for approval, the person or entity who constructs sewer project facilities pursuant to this section must comply with the following prerequisite requirements.
(1) All plans for the project facilities must be in accord with all applicable laws, regulations, and policies and per existing orders of the federal court and regulations of all regulatory agencies including WMU.
(2) The person or entity constructing the project facilities must:
(a) Provide written notice by U.S. mail, first class postage prepaid, to all benefitted owners (as hereinafter defined in § 51.05) of property offering said benefitted owners the opportunity to participate as participating owners, said written notice to provide a description of the proposed project, the method of financing, and the date of the meeting to be conducted by WMU at which the privilege fee agreement or declaration is to be discussed which date shall be at least 14 days after the notice;
(b) Agree to hold the city, county, and WMU harmless from any liability arising from the failure to collect the privilege fee at the time the connection is made; and
(c) Said written notice shall illustrate how the estimated costs shall be shared by each property.
(Ord. 2009-2, passed 2-17-2009)