(A) If an applicant for new water and/or sewer service by the City of Midway pays to the city the cost of extending any requested water and/or sewer line(s) to the applicant's property, the applicant shall be entitled to a refund of all costs for such extension greater than 100 feet from the point of beginning on a pro-rated basis for each additional customer whose service line is directly connected to such extension line paid for by the applicant. The refund period shall extend for a period of 10 years, and in no case shall the refund amount exceed the amount paid by the applicant.
(B) No refund shall in any instance be paid to an applicant for utility improvements to the applicant's property when the applicant subdivides and develops his property pursuant to and in accordance with the rules and regulations of the Versailles/Midway/Woodford County Planning Commission.
(C) No applicant shall be entitled to a refund for the cost of an extension as provided above unless all of the following occur:
(1) The applicant makes a written request to the city for the extension; and,
(2) The application is accompanied by applicant engineering estimate based on city and Planning Commission specifications of the cost for the extension; and,
(3) The application is accompanied by certified or cashier's check payable to the city equal to the engineering estimate; and,
(4) The city publicly bids the project, hiring a contractor pursuant to such bid, and funds the project with applicant funds, including engineering and inspection costs; and,
(5) Upon completion of the project, an audit will be performed by the city. If the cost exceeds the applicant estimate, the applicant shall pay to the city the difference within 30 days after receipt of billing. If the cost is less than the applicant estimate, applicant shall be refunded the excess amount within 30 days after completion of the audit; and,
(6) Refunds will be made to the applicant within 30 days after receipt of payment by the city from additional customers whose service line is directly connected to such extension line.
(Ord. 2008-17, passed 12-19-2008)