(A) Pro rata fees to be established.
(1) Nature of fee. A charge known as a “pro rata fee” shall be imposed against all undeveloped property abutting an existing water or wastewater main or for undeveloped property within the drainage area of a lift station, for which that fee has been established pursuant to this subchapter, as a condition of connection to that main or lift station, for the purpose of reimbursing the city or the developer who previously installed or paid for the main or lift station.
(2) Amount of fee. The pro rata fee shall be established for each side of the main to which connections are to be made. The fee for each side shall be equivalent to 1/2 the average cost of the standard size main, together with all the appurtenances, based upon the verified costs pursuant to division (B) of this section, for that length of the main abutting the property being charged. For mains that can be connected to from 1 side only, the fee shall be equivalent to the average cost of the standard size main, together with all appurtenances, for that length of the main abutting the property being charged.
(B) Procedure for establishing pro rata fees.
(1) Request for pro rata fees. Prior to final acceptance of the improvements, the developer shall submit a written request to the City Engineer, stating whether a pro rata fee will or will not be established for the main that the developer installed.
(2) Submittal requirements. The request to establish a pro rata fee shall be in writing as designated by the city. The request shall include a copy of the actual contract with unit prices. The request must identify the cost of the main, including fire hydrants, valves, fittings, manholes, and other appurtenances which were determined necessary by the city for the construction of the line.
(3) Verification of costs by Engineer. The City Engineer shall verify the developer’s calculations for the reimbursement. In the event of a discrepancy, the City Engineer shall establish the cost per foot for the pro rata fee.
(4) Reimbursement amount. The maximum amount for which a developer may be reimbursed from the proceeds of pro rata fees for the main installed shall not exceed the costs determined by the City Engineer under division (B)(3) of this section, plus engineering fees, calculated at the rate of 6% of the verified construction cost.
(5) Pro rata for lift station. In the event that a lift station which exceeds the area necessary to serve a development is required pursuant to §§ 50.03 - 50.06 of this code, the developer must submit a written request for establishment of a pro rata fee for the lift station, which shall be on a cost per acre basis. The costs eligible for reimbursement shall include the lift station, force main, and other appurtenances, the other items included in division (B)(2) of this section. The City Engineer shall be responsible for approving the cost per acre submitted by the developer for the drainage area served by the facility, as provided in division (B)(3) of this section.
(C) Payment of pro rata fees.
(1) Obligation to pay fees. As undeveloped property begins the development process, the pro rata fee shall become payable with either the preliminary plat or the final plat approval. The fee must be paid prior to the approval of the engineering plans for the development, by the City Engineer.
(2) Calculation of fee. The amount of the pro rata fee shall be calculated by multiplying the unit cost determined in division (B) of this section by the number of linear feet of that portion of the property boundary of a lot which abuts a street, alley, or easement containing a water or wastewater main for which pro rata fees have been established, or the per acre fee multiplied by the number of acres in the development.
(D) Pro rata fee account. Two pro rata fee accounts are hereby established.
(1) In the first account, the city shall deposit all pro rata fees collected pursuant to division (B) of this section (from developers) into the account. Expenditure from this account shall be earmarked for reimbursement of developers for the reasonable costs of installing water mains, wastewater mains, and wastewater lift stations for which pro rata fees have been established pursuant to division (B).
(2) The second account may hold the city funds from all other sources for related improvements, and funds collected to reimburse the city for expenses described in division (D)(1) above which the city has paid.
(E) Reimbursement for water and wastewater main extensions.
(1) Reimbursement time limit. For a period of 10 years after dedication to and acceptance by the city of the completed facility, the developer shall be entitled to reimbursement from the proceeds of the pro rata fees established pursuant to division (B) of this section up to the total cost of the extensions, save and except the portion attributable to the cost of the extension to the developer’s tract(s). Payment shall be from the pro rata fee account. The city shall make reimbursements within 90 days after receipt of the pro rata fee.
(2) Unclaimed funds. If the city is unable to reimburse the developer who installed the main, following reasonable attempts to locate the developer, the city shall refund all fees which remain unclaimed 10 years following the date of acceptance of the water or wastewater main, together with interest accrued, to the depositor of the fee. If the depositor cannot be located, the pro rata fees shall be transferred to the water and sewer fund for expenditure in accordance with general provisions.
(F) City collection fee. On all pro rata fees returned to the developer, the city shall deduct 2% of the amount collected plus $100 as a collection fee.
(Ord. 458, passed 4-27-1999) Penalty, see § 50.99