(A) The purpose of this section is to establish criteria for determining the allocation of the costs incurred in extending the town’s water and/or sanitary sewer system to certain entities within the town.
(B) The Town Council has considered the benefits of charitable organizations and the “exempt purposes” they serve as set forth in the I.R.C. § 501(c)(3) and views the services provided by charitable organizations, nonprofit organizations, and similar entities as being important services rendered for the benefit of its citizens. Town Council is aware that many organizations may have not pursued formal recognition as a 501(c)(3) entity, while still fulfilling these “exempt purposes.” Accordingly, Town Council has determined that any organization engaged in activities which qualify as “exempt purposes” under I.R.C. § 501(c)(3) will be entitled to be considered for this discretionary program for the town to pay part or all of the costs associated with extending the town’s water and/or sanitary sewer system to the lands serving said organization.
(C) To qualify for a reduction or exemption in the actual costs associated with extending the town’s water and/or sanitary sewer system to the lands serving said organization, the entity must meet the following program guidelines.
(1) The entity must actually occupy and use the subject real property.
(2) The entity must provide proof that it is actually providing one or more “exempt purposes” as defined above.
(3) The entity must provide its current financial records for inspection and review by the town in determining the entity’s eligibility, and, given that this is a discretion program involving the expenditure of public funds, said records will be subject to public inspection.
(D) Other factors which the town may consider in determining whether to grant a reduction or exemption in the actual costs associated with extending the town’s water and/or sanitary sewer system to the lands serving said organization, include, but are not limited to, the following:
(1) Uses of the subject property for emergency community-beneficial purposes, such as storm shelters, emergency preparedness operations center, emergency evacuation center and similar emergency-based purposes;
(2) Uses of the subject property for assistance to financially disadvantaged persons, such as soup kitchens and donated clothing storage and distribution;
(3) Uses of the subject property for governmental functions, such as accommodating public meetings, public hearings, public educational forums and the like;
(4) The anticipated cost of the proposed project; and/or
(5) The net financial worth of the entity, excluding the value of the structure or structures to be connected to the water and/or sewer lines.
(E) The determination that the entity is or is not eligible for a reduction or exemption in the actual costs associated with the proposed expansion of services, and the amount or percentage of said reduction or exemption, will be made by the Town Manager (or in his or her absence, by the Town Council) if the overall project cost, excluding work on the entity’s own lands, is less than or equal to $5,000, and by Town Council for all projects exceeding said amount. The decision of the Town Manager is appealable to Town Council. This is a discretionary program and the decision of the Town Council is final.
(F) If the entity is determined to be eligible for a reduction or exemption in the actual costs associated with the proposed expansion of services, the entity must:
(1) Provide, at no cost to the town, an easement over the lands of said entity for the further expansion of the water and/or sanitary sewer system to the lands of others, where applicable;
(2) Repay, on a five-year straight-line depreciation basis, the remaining amount of said reduction or exemption if the entity sells or transfers the property to any other party which does not fulfill an “exempt purpose” within five years of date of the latter of: the completion of the project; or the actual payment by the town of the entity’s said reduction or exemption amount. During the said five-year period, the lands and all improvements thereto of the entity will be subject to a lien for the amount of said reduction or exemption; and
(3) Pay its portion of the total cost in a timely manner. The town reserves the right to, but is not required to, use a special assessment to collect the entity’s portion, if any there may be.
(Ord. passed 12-12-2018)