Section 13.24.040 Recoupment provisions.
Prior to the adoption of 13.24.040 (Ord. 2127) on 01/20/2003, Section 13.24.040 read as follows.
The itemized and certified final costs actually expended
for the construction of such sewerage
and/or water facility, including labor and materials, obtaining rights-of-way, permit fees,
insurance, bond premiums, legal fees, engineering fees, and other costs essential to the
construction of the facilities shall be filed with the city clerk, and the city clerk shall furnish
the
same to the city engineer for his review and recommendations to the city council. The city
engineer shall examine said costs and make recommendations to the city council with regard to
the necessity and reasonableness thereof, and whether the same should be approved as submitted
or adjusted. The city council shall then determine the amount of the approved construction costs
that are subject to the recoupment (the "total recoupable amount" or the "recoupment").
The area reasonably expected to be served by the water and/or
sewerage facilities shall be the
facility planning area of the city, as the city s FPA exists at the time of the recoupment contract
or as it may thereafter be amended. If the FPA of the city is amended by the IEPA after a
recoupment contract is made and entered into pursuant to this chapter, the city and the property
owner shall enter into an amendment to the recoupment agreement showing the revised
boundaries of the city s FPA as the area expected to be served by the recoupment agreement and
the same shall be recorded with the recorder of all counties in which the city s FPA is then
located. In the event of the abolition of facility planning areas by IEPA, then and in that event,
the last existing facility planning area of the city shall be deemed to be the area expected to be
served by sanitary sewers and water facilities constructed pursuant to recoupment agreements
made and entered into by the city, unless the sponsor and the city find and agree otherwise.
Upon approval of the total construction costs of the sewerage
and/or water facilities, the city
will determine the target area to be served which are tributary to the improvements constructed in
the sponsoring property.
The proportionate share of the approved total construction
costs of the sanitary sewerage
and/or water facilities which shall be recoupable under the recoupment contract ("total
recoupable amount" or the "recoupment") shall be computed as follows:
Let:
TRA = Total
recoupable amount
TCC = Approved
total construction costs, as approved by the city council
DA = Acreage
in target area to be served by water and/or sewerage facilities which is
owned and/or developed by sponsor
TA = Total
acreage in target area, including the acreage in the sponsoring property
Then
[1 --
DA ]
TRA = [ TA
] X TCC
(Ord. 1754 § 1 (part), 1999)
13.24.030