Ord 2010-038 - Laserfiche WebLink

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calculation as provided in this paragraph. The director shall establish a unit cost for the improvements by dividing the approved total cost of the improvements by . the total land area of the properties eligible to be served by the improvements The fee to be assessed against a property under this paragraph shall be the product of the unit cost multiplied by the land area of the property to be assessed (3) Equitable adjustments to pro rata fee assessments The director may make adjustments to the apportionment of pro rata fees assessed against a property upon a finding that, due to physical constraints of the property and any improvements thereon and /or any other legal constraints under applicable laws rules or standards, a beneficial connection from the property to a line associated with the pro rata fee assessment cannot be made or the benefit to the prosy is limited to a degree substantially greater than other properties connecting to the line Any adjustments under this subsection shall be subject to review any time a project as defined in section 86.002 (a) is initiated or an application or request for any approval or permit under the Land Development Code for the property is filed by the owner or other authorized representative or occupant thereof. After any review of the adjustment, if the director determines that the property will benefit from the line to a degree greater than determined when the adjustment was originally approved, the city may reinstate all or any portion the pro rata fee assessment for the property_ (4) An owner or developer that is a party to a pro rata reimbursement contract under this division shall have no recourse against the city for any failure of the pro rata • fees assessed and collected by the city to meet the owner's or developer's expectations or for a reduction in the amount of fees collected to as a result of adjustments made by the director under this section or any other waivers of fees provided under this division. Sec. 86.011. Pro rata fee account. A pro rata fee account is hereby established. The city shall deposit all pro rata fees collected into such account. The funds deposited into this account shall be used solely to reimburse the city and /or any owner or developer for the costs authorized under this division of installing water or wastewater lines subject to a pro rata fee assessment. Sec. 86.012. Request for reimbursement from pro rata fee assessments. a) Developer request for reimburse from pro rata fee assessment. In connection with an application for extension of a water or wastewater line but before an owner or developer begins construction of a water or wastewater line an owner or developer may file with the city a written req uest for reimbursement from pro rata fee assessments. (b) Submittal requirements. The request for reimbursement from pro rata fee • assessments shall be submitted on a pro rata contract request form approved by