Chapter 13.24 WATER AND SANITARY SEWER COST RECOUPMENT PROGRAM


Section 13.24.030 Contract between city and sponsor.

    If the City Council finds that it is in the public interest to assist a sponsor in recouping or recapturing funds the sponsor expended for construction of public sanitary sewer and/or water distribution facilities, which have been constructed by the sponsor and dedicated to the city, the city council shall make and enter into a recoupment agreement with the sponsor.  Once made and entered into, the recoupment agreement shall be filed with the recorder of each county in which the city’s FPA is located in order to notify persons interested in connecting to or using the facilities that there will be a recoupment charge in relation thereto.  If the facilities have not been constructed prior to the parties entering into a recoupment agreement, said contract shall also provide for the dedication to the City of the capital improvements involved for public use upon completion of the construction of the same in compliance with the city’s codes and ordinances and acceptance thereof by the city.  Said contract shall further provide that both the sponsor and other potential users of the capital improvements constructed by the sponsor shall each paying their proportionate share of the total cost of such construction.  Such recoupment shall be paid to such sponsor based upon the schedule of payments set forth in the recoupment agreement between the city and the sponsor.  The method of recoupment shall be determined in the negotiations between the city and the sponsor; for example, recoupment may be based upon water meter size for either water or sewer customers using the facilities or based upon a per lot, tract or parcel assessment, or may be based upon some other means of making the assessment and allocating the costs of the construction.  Such contract may also provide that the city, at the expense of the sponsor, will assist in the acquisition of necessary rights-of-way by the exercise of the city’s power of eminent domain to the extent the same is allowed by law.  The contract may include such other terms and conditions as are approved by the city council of the city.

    If the City Council finds that it is in the public interest to assist a sponsor in recouping or recapturing funds the sponsor expended for construction of public sanitary sewer and/or water distribution facilities, which have been constructed by the sponsor and dedicated to the city, the city council shall make and enter into a recoupment agreement with the sponsor.  Once made and entered into, the recoupment agreement shall be filed with the recorder of each county in which the city’s FPA is located in order to notify persons interested in connecting to or using the facilities that there will be a recoupment charge in relation thereto.  If the facilities have not been constructed prior to the parties entering into a recoupment agreement, said contract shall also provide for the dedication to the City of the capital improvements involved for public use upon completion of the construction of the same in compliance with the city’s codes and ordinances and acceptance thereof by the city.  Said contract shall further provide that both the sponsor and other potential users of the capital improvements constructed by the sponsor shall each paying their proportionate share of the total cost of such construction.  Such recoupment shall be paid to such sponsor based upon the schedule of payments set forth in the recoupment agreement between the city and the sponsor.  The method of recoupment shall be determined in the negotiations between the city and the sponsor; for example, recoupment may be based upon water meter size for either water or sewer customers using the facilities or based upon a per lot, tract or parcel assessment, or may be based upon some other means of making the assessment and allocating the costs of the construction.  Such contract may also provide that the city, at the expense of the sponsor, will assist in the acquisition of necessary rights-of-way by the exercise of the city’s power of eminent domain to the extent the same is allowed by law.  The contract may include such other terms and conditions as are approved by the City Council of the City.

    


(13.24.030, Repealed & Replaced, 01/20/2003, Prior Text)