§ 7.08.040   Benefit district refunding.
   (A)   Any applicant desiring to make an extension to the water system of the city to serve applicant’s property shall make a request in writing to the City Engineer for a preliminary investigation into the feasibility of such extension. If the extension is found to be feasible, such extension may be made to the water system of the city in accordance with the provisions of this section. The city shall inspect and may permit the final connection to the city system only if it is found that such extension conforms in all respects with city standards and specifications for waters within the city and with the sizes and grades designated by the City Engineer.
   (B)   Any applicant paying for the installing of a public water main shall, prior to the construction of the water main, file with the City Engineer a legal description of the applicant’s property, which is served by said water main. Within 90 days following the notice of completion of the main, the applicant shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating the cost (excluding any anticipated city reimbursement) of the construction of the main. Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in division (F) below. If the financial statement is not filed within this time period, the applicant shall not be eligible for any reimbursements under this chapter.
   (C)   For a period of not to exceed 20 years after the notice of completion of a water main referred to in division (B) of this section, all of the front foot fees collected by the city pursuant to this chapter for a connection to such water main shall be paid by the city to applicant, not to exceed 100% of the approved cost of constructing water mains which do not front on any of the applicant’s property and 50% of the cost of constructing water mains for those portions where the applicant’s property fronts on only one side of the street. Payments shall be made annually in July, or as soon thereafter as practical.
   (D)   Whenever a water main is extended to serve property, the water shall be extended across the full street frontage of the property to be served unless the City Engineer determines that such water shall not be extended in the future.
   (E)   Existing benefit districts. After the effective date of this ordinance, the Engineer shall determine which benefit districts which existed prior to this ordinance are still active. The City Engineer shall then determine what unpaid balance exists in each active benefit district, together with any accrued interest as provided for at the time of adoption of said district and apply the same procedures for repayment as outlined in division (C) to said unpaid balance except that the 20-year time limit mentioned in that section shall be from the original date of the adoption of said district.
   (F)   Interest. The unpaid balance due the applicant for water main shall be adjusted by annual compounding with a variable interest rate. The interest rate used for each calendar year shall be based on the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year.
(1995 Code, § 7.08.040) (Ord. 06-2026, passed - -2006)