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A. Owners Of Benefited Properties: In the event an applicant (hereinafter "original applicant") requests and pays for an extension of a sewer main, which extension makes possible service to other properties whose owners did not contribute to the cost of extension (hereinafter "benefited properties"), as a condition of sewer service to owners of benefited properties, reimbursement of the pro rata cost of said main line extension shall be required as a condition of any connection to said main line made to any benefited property owner within eight (8) years of the date of completion of the main line extension. The amount of reimbursement and the mechanics of payment thereof shall be as provided in this section.
B. Basis For Reimbursement Amount: The amount of reimbursement shall be based upon the total ownership units associated with the parcel owned by the original applicant and the benefited property for which service is later requested. The ownership units associated with a particular parcel consist of the equivalent user unit or units, based upon water usage for the proposed use as defined below, plus area units equal to one unit per acre of area served; fractional area units shall be used for parcels which are not a multiple of one acre in size. There is one equivalent user unit for each single-family dwelling or apartment, and for other uses, one unit per each two hundred fifty (250) gallons of water projected to be used per day (or fraction thereof), based upon previous consumption records for the same or similar uses and based upon prevailing municipal water system consumption guidelines, for various kinds of uses. The calculation shall be based upon winter water usage; it shall be based on gross water consumption rather than return flow introduced into the sewer. In the event the estimated usage utilized does not reflect actual usage later incurred by the facility, the reimbursement may be increased, but not decreased, based upon actual water usage.
C. Formula: Reimbursement shall be based upon the original applicant's cost of construction of the portion of the original applicant's line extension which would be utilized by the benefited property to be connected thereto. The percentage of said initial construction cost to be reimbursed by the owner of the benefited property shall be calculated based upon ownership units according to the following formula:
Percent = Ownership units/benefited property
Total ownership units. The total ownership units in the above formula is the total of ownership units: 1) presently being served by the line extension; plus 2) ownership units associated with the benefited property.
D. Payment; Percentage To City: The amount of reimbursement so calculated shall be paid to the city, prior to connection of the benefited property to the line extension. The city shall retain ten percent (10%) thereof and remit the balance to the party or parties entitled thereto. The amount any party is to receive is based upon the attributed ownership of the line extension. The city is the owner of the line extension, for all purposes, but for reimbursement calculation purposes, ownership shall be attributed as follows: The original applicant who paid for the line extension has one hundred percent (100%) attributed ownership until such time as the first owner of a benefited parcel connects thereto and pays a reimbursement amount. Thereafter, the original applicant and each benefited owner who pays to connect thereto shall be co- owners in proportion to their contribution to the cost of extension. The net reimbursement amount to be distributed by the city shall be distributed in accordance with attributed ownership of the line extension, so calculated.
E. Time Limit: No reimbursement shall be permitted after the expiration of eight (8) years from the date the line extension is placed in service; thereafter benefited properties may connect to the line extension without paying any reimbursement costs under this section. Reimbursement under this chapter shall be to the person or legal entity which funded the line extension (or paid reimbursement as a condition of connection thereto), or their legal successors in interest and, in the event all or a portion of the property served by the line extension is sold, not to the subsequent owner or owners of such property. In the event such person or legal entity who paid for the line extension or paid a reimbursement fund to connect thereto does not have a current mailing address on file with the city at the time a reimbursement amount is to be paid, the city may retain the reimbursement amount otherwise payable to such party.
F. Statement Of Cost: If an original applicant, who pays for a line extension, is to receive reimbursement under this section for subsequent connections within eight (8) years, then, within ninety (90) days of the date said line extension is placed in service, the applicant must file a written statement of the construction cost for said line extension with the city recorder and obtain an approval thereof by the city manager and supervisor. Said statement shall contain sufficient information from which the cost of each component part of the line construction may be obtained.
G. Alternate Calculation: If the application of the specific provisions of this section yield a reimbursement amount, or cause a result which is unfair or unjust, the city may order an alternate calculation consistent with the requirements of fairness and justice. (Ord. 624-08, 8-12-2008)