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Ord 2010-038
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Ord 2010-038
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8/9/2010 9:56:04 AM
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8/9/2010 9:51:59 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2010-38
Date
8/3/2010
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director. The request shall be accompanied by a copy of the plans and specifications for <br />and survey showing the proposed location of the water or wastewater line and a copy of <br />the contract for construction of the line. The request shall also be accompanied by a map <br />or survey identifying all properties within the service area of the proposed line. <br />(c) Pro rata reimbursement contract. Upon receipt of a complete submission from <br />the owner or developer under subsection (b), the director shall establish a maximum <br />amount eligible for reimbursement from pro rata fee assessments. The director shall then <br />submit for consideration by the city council a contract with the owner or developer <br />setting forth the terms and conditions under which the owner or developer may be <br />reimbursed from a pro rata fee assessment and the maximum amount eligible for <br />reimbursement, less any fees, offsets and other adjustments or deductions provided in this <br />division. The city council, in its sole discretion may approve or reject the proposed <br />contract and in approving a contract may add such terms and conditions its deems <br />appropriate under the circumstances. <br />d) Submission of actual cos information. After completion of the improvements <br />pursuant to a contract approved by the city council under subsection (c) but before the <br />improvements are dedicated to and accepted by the city, the owner or developer shall <br />supplement the request for reimbursement with such other information the director may <br />request to verify the actual cost to construct the improvements including evidence <br />satisfactory to the director that such cost and all subcontractors and suppliers have been <br />paid. Engineering and similar professional, design and consulting fees may not be <br />included in the cost to construct the improvements and are not eligible for <br />reimbursement. <br />e) Determination of potential rei mbursement amount. Upon receipt of a complete <br />submission of the actual cost information in subsection (d) from the owner or developer, <br />the director shall verify the costs submitted in support of the reimbursement request The <br />director shall then establish a reimbursement amount and apportion such amount as a pro <br />rata fee among the properties within the serv area of the water or wastewater line in <br />accordance with section 86.010. <br />Noizuarantee ofreimbursement. c entering into a pro rata reimbursement <br />contract with an owner or developer under this section, the city in no manner guarantees <br />that the owner or developer will be reimbursed or will receive any minimum <br />reimbursement amount. The owner or developer, regardless of the terms of any contract <br />with the city under this section, shall have no recourse against the city based on the <br />failure of the pro rata fees collected by the city to meet the owner or developer's <br />expectations. <br />(g) City participation in line extension. The city shall be reimbursed from pro rata <br />fees for its proportionate share of costs for any water or wastewater lines funded in whole <br />or in part by the city. If a water or wastewater line is to be funded entirely by the city, the <br />city council may approve a pro rata fee assessment using the methods consistent with this <br />division. This section shall not apply to a water or wastewater line for which the city <br />
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