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SPECIAL PROJECTS OR REQUESTS
SPECIAL PROJECTS OR REQUESTS
13-1-1: Basis And Requirements
A. Basis For Additional Fees: In order to properly consider, review, and evaluate requests and to prepare necessary preliminary and final documents and instruments for matters relating to subdivisions, zoning classifications or reclassifications, zoning special uses, zoning variances, petitions for annexation, annexation agreements, water and/or sewer main systems, extensions within or outside the city's corporate limits, large scale developments, commercial and/or industrial and/or multi-residential development projects, the city necessarily utilizes, depending upon the applicant's or petitioner's or developer's request, the services of the city engineer, the city attorney, surveyors, financial consultants, and other professional consultants and the city may also necessarily incur certain fees and costs, depending upon the particular request(s), relating to newspaper publication costs for public notices and public hearings, postage and mailing costs, copying costs, title work and title insurance fees and costs, recording fees, Christian County soil and water conservation review fees, easement, right of way, and dedication acquisition costs, releases and subordination agreement costs, costs for attendance by the members of the plan commission and/or of the zoning board of appeals and other city officers at their respective meetings or at public hearings and other fees and costs.
B. Title Work: Before the city will consider any request (herein "application") to extend city water and/or sewer main systems within or outside the city's corporate limits and/or to approve any subdivision and/or annexation and/or annexation agreement and/or project and/or development that is anticipated to require any easement(s) and/or right(s) of way and/or dedication(s) or conveyance(s) in favor of the city, the applicant(s) shall furnish to the city clerk, at the applicant's(s') sole cost and expense, a title insurance policy commitment(s) issued by a reputable company with an effective date on or after any such application. Such title insurance policy commitment(s) must evidence clear and merchantable and marketable title in such applicant(s) and, if applicable, in others where such extensions may be required, and identify all lien holders and other interest holders in such property in order for the city to initially determine the nature and extent of any releases of interest and/or subordination agreements and/or any other instruments the city may require prior to approval and/or construction of any such extension, subdivision, annexation, annexation agreement, project or development.
C. Required Nonrefundable Initial Fees And Payment Agreement:
1. Nonrefundable Initial Fees: In addition to submittal of the aforesaid title insurance policy commitment(s), if applicable, the following nonrefundable initial fees for each of the following matters (herein referred to as "project(s)" or "development(s)") shall be paid by the petitioner(s), applicant(s), or developer(s) to the city, through the city clerk's office, if the mayor determines that the services of the city engineer and/or city attorney and/or surveyors and/or financial consultants and/or other professional consultants engaged by the city will be necessary or appropriate regarding any such project or development:
Commercial and/or industrial projects
Large scale/site developments
Multi-residential development projects
Water and/or sewer main extensions (inside city)
Water and/or sewer main extensions (outside city)
2. Required Payment Agreement: Regarding any aforesaid project or development, the petitioner(s) or applicant(s) or developer(s) shall also sign a payment agreement with the city at the time of payment of such nonrefundable initial fees. Such payment agreement shall be in such form as may be approved by the city council, from time to time, and shall require such petitioner(s) or applicant(s) or developer(s) to fully pay the city, in addition to any and all other required fees and costs imposed elsewhere in this code, for all engineering and/or attorney fees and costs, newspaper publication costs, postage and mailing costs, title work and title insurance fees and costs, recording fees, Christian County soil and water conservation review fees, easement, right of way, and dedication acquisition costs, releases and subordination agreement costs, court reporter fees and costs, costs for attendance by the members of the plan commission and/or of the zoning board of appeals and other city officers at their respective meetings or at public hearings and other fees and costs, and any and all other fees and costs incurred or to be incurred by the city, after credit is given for said paid nonrefundable initial fees and after credit is given for any other paid required fees and costs imposed elsewhere in this code. Such full payment shall be paid within fifteen (15) days of the city's submittal, from time to time, of an invoice or invoices for such services, fees, and costs relating to such projects or developments regardless of whether or not such projects or developments, in whole or in part, is or are approved or denied by the city or abandoned or withdrawn by such petitioner or applicant or developer. The city shall not approve any such projects or developments until and unless such petitioner or applicant or developer makes such full payment to the city. The city reserves the right from time to time, in its sole discretion, to reduce or eliminate the amount of said nonrefundable initial fees and costs and/or to reduce said fees and costs required to be paid to the city under any aforesaid payment agreement after the city determines, in its sole discretion, the positive effect any such proposed project or development may have on economic stimulation, encouragement, development and growth and/or the retention or future increase of employment opportunities within the city or its environs and/or future revenue potential to the city. (Ord. 3206, 11-15-2004)