(a) The water department shall be responsible for the collection, refund and maintenance of per acre charges collected.
(b) Except as provided by subsection (c) below, a per acre charge shall be assessed each acre within the calculated sewer basin area served by a sewer approach main or by a sewer main constructed under a city initiated project, without exclusion or reduction.
(c) Park property that is dedicated by final plat or by other instrument prior to the filing of the final plat shall not be assessed.
(d) The payment of the per acre charge assessed hereunder shall be paid at the time the final plat for the proposed development is ready to be filed, but the plat shall not be filed until the per acre charge has been paid.
(e) A four percent (4%) annual cost adjustment shall be added to each prescribed per acre charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
(f) A per acre charge will be assessed for a period of 20 years, commencing on the date that the city accepts the wastewater main.
(g) Collections and reimbursements of a per acre charge will cease when the developer has been fully reimbursed or the time period for assessment of the per acre charge has lapsed, whichever occurs first.
(h) Reimbursement shall be made solely from the per acre charge collected by the city during the period that the per acre charge is assessed for the wastewater service line connections and point of connections to the approach wastewater main.
(i) Any assignment of the per acre charge must be approved by the water department director prior to the execution of the assignment.
(j) Existing community facilities agreements with wastewater mains, or other facilities, eligible for per acre charge collections will continue under the policy that was in effect at the time the agreement was executed.
(k) The reimbursement limit, together with the project number, date construction was completed, permanent record number of the wastewater main, limits of portion of the wastewater main upon which a per acre charge is collectible, and name of the entity entitled to the refund shall be documented by the city.
(l) Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from which per acre charges were paid to the city.
(m) It is the responsibility of the developer/landowner requesting the refund to prove their eligibility to receive the reimbursement due.
(n) In the event the developer/single customer property owner fails to request a reimbursement on a per acre charge within six months after the expiration of the eligibility to receive funds, such un-reimbursed charges shall become the property of the city.
(o) The amount of refund due to the developer each year shall be the assessed per acre capacity charge collected that year multiplied by the "developer's development cost percentage." The remaining portion of the amount collected that year shall be retained by the city as an offset against the development cost incurred by the city.
(p) The city will recover the city development cost for city-initiated approach wastewater main projects or city participation in a developer-initiated approach wastewater main. The city's collection time will cease when city development cost has been fully reimbursed.
(Ord. 15095, § 1, passed 5-14-2002; Ord. 20317-08-2012, § 1, passed 8-7-2012; Ord. 23708-06-2019, § 4, passed 6-25-2019; Ord. 26623-12-2023, § 3, passed 12-12-2023, eff. 1-1-2024)