(A) Purpose. It is the purpose of this section to provide for a rebate of all or a portion of the sewer tap on and capacity charges as established by Ordinance No. 2009-006 under certain identified circumstances. Rebates made pursuant to this section will be for the purpose of encouraging commercial and/or industrial development in the city and will be made only when the city can identify tangible improvements to the infrastructure of the existing sanitary sewer collection and treatment system derivative from the said development and directly related thereto.
(B) Rebate plan/criteria. Should the city determine that a specific commercial and/or industrial development will result in enhanced infrastructure development to the city’s sewer collection and/or treatment facility, then the city may grant a rebate of tap on and/or capacity charges otherwise due from such development to the city. The rebate available pursuant to this section shall not exceed the tap on and capacity charges due from such entities at the time of permit issuance for connection as adjusted at the end of the first year as provided for in Ordinance No. 2009-006. The enhanced infrastructure contemplated by this section and which may qualify for rebate consideration is that which will inure to the city as a whole and not solely to the benefit of the immediate development. Further, this section contemplates benefits being derived from expenditures of the developer or on the developer’s behalf as a result of funding from sources other than the city such as grants. Examples of infrastructure improvements which may qualify for a rebate (which examples are not all inclusive) are:
(1) Construction of sewer lift station.
(2) Expansion of sewer main.
(3) Road or railroad boars.
(4) Other similar infrastructure expenditures that inure to the public good.
(C) Determination of qualification and amount of incentive. Should an entity wish a seek rebate pursuant to the terms of this incentive program, then said entity shall make application to the Mayor of the City of Simpsonville, Kentucky who shall evaluate said request and make recommendation to the Simpsonville City Commission. The Simpsonville City Commission may, in its sole discretion, accept or reject any application in whole or in part. However, the amount of any incentive rebate shall not exceed the value of the infrastructure improvement to the city based on the cost of construction thereof. Further, no incentive rebate shall exceed the tap on and capacity charges otherwise received from the subject development and as adjusted on the one year anniversary pursuant to city Ordinance No. 2009-006.
(D) Time of rebate. Any entity seeking rebate pursuant to this section shall be required to pay the full tap on and capacity charge as otherwise required by ordinance. No rebate shall be made to said entity until the infrastructure improvement upon which said rebate is made has been completed to the satisfaction of the city and until proof has been provided to the city that said infrastructure improvement has been fully paid for and that no liens may be filed related thereto. Provided, however, the delay in making rebate shall not be required if the infrastructure improvement is being made by the city with grant funds made available as a result of the subject development.
(E) Invalidity of any provision. Should any portion of this ordinance be deemed to be invalid by any court of competent jurisdiction, then such portions of this ordinance as are not deemed invalid shall survive. This section shall be interpreted item by item. No entity anticipating a rebate hereunder shall have recourse against the city should the city be unable to fulfill its commitments hereunder as a result of a decision by any court. Further, any rebate made pursuant hereto which is later determined illegal by any court shall be repaid by the recipient to the city.
(F) Contractual documents. Any entity receiving a favorable review on its application for rebate, shall enter into a contractual agreement with the City of Simpsonville, Kentucky incorporating the terms of this section and such other provisions as the City of Simpsonville deems appropriate related to said rebate.
(Ord. 2013-001, passed 2-6-2013)