A. After completion of the major sanitary sewer main extension, the DPUA will require any person, firm or corporation requesting a new sanitary sewer service connection within the defined service area of the major sanitary sewer main to pay to the developer/owner his pro rata portion of the original investment of the developer/owner in the major sanitary sewer main, together with interest thereon from the date of completion of the main at a rate not to exceed six percent (6%) per annum, such pro rata portion to be calculated on a square footage basis of the total defined service area of such major sanitary sewer main. The total service area of such major sanitary sewer main shall consist of that area of the sanitary sewer drainage basin flowing directly to said major sanitary sewer main without benefit of any other major sanitary sewer main as planned by the DPUA and shall be defined by a registered professional engineer and shall be as agreed upon by the developer/owner and the DPUA at the time of the execution of the reimbursement schedule. No area shall be included within the defined service area of more than one reimbursement schedule.
B. Each tract of property identified in subsection A of this section shall be subject to the total major sewer main extension cost participation expense equal to such tract's pro rata share, any applicable right of way costs, and inflation/deflation adjustment. Calculation of the costs for each individual tract shall be determined as follows:
1. Pro rata share = (b + c) x (d/a)
a = | Total service area in square feet |
b = | Total improvement costs (not to include repairs, retests, replacement or other expenses to correct faulty workmanship or materials) |
c = | Total right of way costs |
d = | Individual benefiting tract in square feet |
2. Right of way cost = Actual price paid for acquisition of right of way/utility easement from subject tract, including appraisal fees, attorney fees, court costs and filing fees.
3. Inflation/deflation adjustment = Adjustment of subsections B1 and B2 of this section using an inflation factor calculated using the engineering news record construction cost index. The inflation factor shall be a percentage increase applied to subsections B1 and B2 of this section that adjusts the amount due for these costs. The initial inflation factor will be calculated by dividing the January 2000 value by the January 1990 value. To account for the actual time between adoption of the resolution and repayment of the obligation, the resulting increase will be divided by ten (10) and multiplied by the decimal equivalent of the period covered measured in years. The inflation factor will be recalculated every five (5) years with the first recalculation occurring in January 2005. The value of the inflation factor in place at the time the DPUA adopts the map and list for a project will be applied to that project until all funds are paid back or the obligation expires. The total payments calculated in this subsection B shall become a liability against the property subsequent to the contracting for sewer main extension.
C. All such obligations shall be paid in full before the filing of a final plat or development plan. (Ord. 1611, 10-25-2005)