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§ 35-100 ASSESSMENT AND PAYMENT OF THE SEWER CAPACITY CHARGE; REIMBURSEMENTS AND ADMINISTRATION.
   (a)   The water department shall be responsible for collecting, maintaining, and reimbursing sewer capacity charges.
   (b)   A sewer capacity charge shall be assessed on other development located in the approved basin boundaries of developer-initiated or city-initiated sewer infrastructure projects. The sewer capacity charge for a property that meets the definition of other development that is redeveloping or going through a change of use will be based on the additional peak discharge rate necessary for the property that is approved by the city.
   (c)   Sewer capacity charges shall be paid to the city when the developer submits a building permit application to the city.
   (d)   For developer-initiated sewer infrastructure projects, the developer should make a written request for reimbursement each November following the city's final acceptance of the developer-initiated sewer infrastructure project. It is the responsibility of the developer requesting the reimbursement to prove its eligibility to receive the reimbursement.
   (e)   A four percent (4%) annual cost adjustment shall be added to each prescribed sewer capacity charge. The annual cost adjustment increase shall be assessed on January 1st of each year.
   (f)   Reimbursement of a sewer capacity charge to a developer shall cease when the developer has recovered its share of the development cost or after a period of 20 years, whichever occurs first.
   (g)   Any assignment of the right to reimbursement of a sewer capacity charge by a developer must be approved by the water department director, or their designee, prior to the execution of the assignment.
   (h)   Records reflecting the reimbursement limit, together with the project number, date construction was completed, permanent record number of the sewer main, limits of a portion of the sewer main upon which a sewer capacity charge has been assessed, and name of the entity entitled to the reimbursement shall be maintained by the city.
   (i)   It is the responsibility of a developer or landowner requesting a reimbursement to submit documentation satisfactory to the city to prove their eligibility to receive the reimbursement if the developer or landowner requesting the reimbursement is not the developer or landowner for which the sewer capacity charge was established.
   (j)   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 sewer capacity charges paid to the city.
   (k)   The amount of reimbursement due to the developer each year shall be the assessed sewer 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 reimbursement for the city participation in the project.
   (l)   The city will recover the city's development cost for a city-initiated sewer infrastructure project or city participation in developer-initiated sewer infrastructure project. The city's collection time will cease when city's development cost has been fully reimbursed.
(Ord. 26324-08-2023, § 1, passed 8-8-2023; Ord. 26623-12-2023, § 5, passed 12-12-2023, eff. 1-1-2024)