(A) The city shall use its best efforts to negotiate with large volume users to secure an appropriate financial contribution to assist in the construction of improvements to the city's sewage works reasonably required as a result of the additional discharges of such large volume users, it being the intent of the city that existing ratepayers shall not subsidize the fixed or incremental expenses associated with treatment of additional wastewater from a new or newly expanded facility of a large volume user. If any large volume user makes such a financial contribution, the city shall be prohibited from charging such user any rate or charge designed to recoup any capital cost relating to future capital improvements in the city's sewage works of the same nature as the improvements for which the financial contribution was secured, but only during the period comprising the useful life, or if longer the actual life, of the improvement financed with said contribution. Future capital improvements to the city's sewage works shall be deemed to be of the "same nature" as the improvements for which the financial contribution was secured when the intent or the effect of the future capital improvements is to expand or increase the then existing treatment capacities of the city's sewage works for flow or loadings that are not attributable to such large volume users. However, the user making such financial contribution in aid of construction shall be subject to other noncapital charges associated with the improvements, including operation, repair, and maintenance.
(B) Notwithstanding division (A) above, the city shall not be prohibited from charging a large volume user which has made a financial contribution as described in division (A) above, any cost or expense associated with (i) the treatment of substances discharged in wastewater other than the substances described in § 51.49, and (ii) a decrease in the permissible loading levels for the substances described in § 51.49, to the extent federal or state statutes or regulations governing wastewater treatment are modified.
(C) If the city shall fail to follow the policies set out in division (A) above, by repeal of such subsection or future amendments, the financial contribution made by a large volume user which is affected by such repeal or amendment shall be reimbursed to such large volume user, to the extent permitted by law. Such reimbursement shall be appropriated by the Common Council and may be paid out of the sewage works net revenues. Such reimbursement shall be subject to amortization for the useful life, or the actual life if longer, of the improvement associated with such financial contribution.
(Ord. 18-1997, passed 7-8-99; Am. Ord. 18-2001, passed 11-13-01)