(A) Concurrently with the adoption of the drainage master plan, or any amendment thereto, the Council shall fix, by resolution, a schedule of per gross acre fees calculated to raise the sum of money necessary to pay the estimated costs of the planned drainage facilities as set forth in the drainage master plan. Such schedule shall be conditioned and based on the following findings by the Council. That:
1. The planned drainage facilities are in conformity with the conservation and public facilities elements of the General Plan, the drainage master plan; and
2. The development or improvement of property will require the construction or acquisition of the planned drainage facilities described in the drainage master plan; and
3. The fees are fairly apportioned within the drainage area either on the basis of benefits conferred on property proposed for subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such area; and
4. Planned drainage facilities, which facilities are in addition to any existing drainage facilities serving such local drainage area at the time of the adoption of the drainage master plan, are necessary to complete the drainage master plan for the city; and
5. The fee apportioned to any property proposed for subdivision within such drainage area does not exceed the prorata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis; and
6. The drainage facilities planned are in addition to existing facilities serving the drainage area at the time of the adoption of the drainage master plan for the area.
(B) In the computation of the drainage fee payable because of the development or improvement or any parcel of land, a credit for drainage fees or other charges for drainage previously paid, or drainage facilities installed with respect to such parcel shall be allowed, subject to the conditions and limitations set forth in this Section. Credits for actual cash expenditures for the construction of drainage facilities constructed and still in existence and use in any street, alley or public easement and not constructed by special assessment proceedings shall be allowed, subject to the following conditions and limitations:
1. The facilities considered for such credits shall have been constructed in conformance with the standards of the City in effect when such facilities were constructed.
2. The Director shall certify that such facilities are in conformance with, or compatible for use in connection with, the planned drainage facilities installed or to be installed in the drainage area.
3. The credit allowed shall not exceed the value of such facilities, as determined by the Director by applying estimates of construction costs prevailing at the time the credit is allowed.
4. The facilities shall have been constructed and paid for with respect to the parcel of land for which credit is claimed. If the facilities were constructed for the benefit of other parcels of land in addition to the parcel for which credit is claimed, the Council may, in the absence of agreement of the owners of the respective parcels as to the apportionment of the cost, estimate the total cost of such facilities at the time of construction and apportion the total credit allowable for such facilities among the several parcels by such method as it shall, in its sole discretion, deem equitable. Proof to the satisfaction of the Council shall be made, by the person claiming credit hereunder, of the amount of any actual cash expenditure on the facilities for which credit is claimed.
(C) Credits for assessments previously levied for planned drainage facilities by special assessment proceedings shall be allowed, subject to the following conditions and limitations:
1. Such facilities shall have been constructed in conformance with the standards of the City in effect when such facilities were constructed.
2. The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which amount was paid in cash or which became security for a bond or bonds issued in the special assessment proceedings. If one assessment was levied for drainage facilities and other improvements in the same proceeding, the Director shall determine, from the engineer's report in the assessment proceedings, if available, otherwise on cost estimates applied by the Director, the proportion of the assessment attributable to such facilities, and the amount so determined by him shall be the credit allowed.
(D) If a drainage fee was paid on all or a portion of the parcel of land under the provisions of subsection 9-9-3(D) of this Chapter which is a part of a division, and an additional drainage fee is payable under any provision of this Chapter, a credit shall be allowed equal to the amount included in the fee paid under the provisions of subsection 9-9-3(B) of this Chapter for the gross acreage of such parcel or portion. (Ord. 878, 5-20-85)