Ord 2010-038 - Laserfiche WebLink

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aid oversizing costs if the developer does not request pro rata fees under subsection (a). Sec. 86.013. Collection of pro rata fees. • (a) Obligation to pay fee Except as provided in this division the owners of all properties abutting an easement or public right -of -way in which a water or wastewater line is located and for which pro rata fees have been authorized shall be obligated to pay a pro rata fee. The pro rata fee shall be due and payable before the approval of any plat or the issuance of any permit under the Land Development Code (b) Waiver of fees for certain residential areas For extensions serving low to moderate income residential areas or properties being developed by tax-exempt non- profit housing providers or for extensions to residential areas that are required for paramount public health and safety reasons the city council may elect in its discretion to exempt such residential properties served by the line from the assessment of a pro rata fee. Sec. 86.014. Disbursement of funds from pro rata fee account. (a) Reimbursement amount. The developer may be reimbursed from the pro rata fee account an amount not to exceed the eligible costs approved by the city council under section 86.012 (c), less any costs incurred by the city for oversizing and any other deductions permitted under this division. When the city participates in the oversizing of a line, the developer and the city shall each be reimbursed in proportion to their respective costs. (b) Offset. Before disbursing any funds to the developer from the pro rata fee account, the city may deduct as an offset any amounts owed by the developer to the city. (c) Ten year disbursement period. As pro rata fees are collected from individual property owners benefitting from a water or wastewater line disbursements less any deductions allowed under this division, shall be made to reimburse the costs to construct the line incurred by the developer and /or the city as applicable. Disbursements shall be made for a period of ten years after the date the completed improvements are dedicated to and accepted by the city or until such time as all pro rata fees attributable to the improvements have been collected, whichever is sooner. (d) Time for makinz disbursements. The city shall make disbursements on its own account or to a developer, as applicable within 90 days after receipt of a pro rata fee (e) Unclaimed funds. It shall be the responsibility of any owner or developer entitled to reimbursement from the pro rata fee account to notify the city of any change of address or other information necessary for it to receive payment. If the city is unable to reimburse a developer entitled to reimbursement from the pro rata account following reasonable attempts to locate such developer, the city shall retain such unpaid funds for a period of two years after expiration of the ten year reimbursement period. If the funds 10