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O-2016-3646 Amending Chapter 74 "Utilities", Related to Calculation of Development Fees for Developer/Owner Funding of Utility Line Extensions
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O-2016-3646 Amending Chapter 74 "Utilities", Related to Calculation of Development Fees for Developer/Owner Funding of Utility Line Extensions
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7/5/2019 3:55:09 PM
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Legislative Records
Legislative Type
Ordinance
Legislative No.
O-2016-3646
Date
9/12/2016
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b. May be eligible for a pro -rata reimbursement of the difference for a ten-year period if a <br />utility extension agreement is executed with the city prior to installation/extension and if the <br />owner/developer is seeking or seeks such future pro -rata reimbursement of the extended utilities <br />from developments seeking connections to said line. <br />(c) Developer's estimate. <br />(1) At the time of plan submittal developer shall provide the city three written construction <br />estimates and after the award of the bid for the project, the developer shall submit to the city the <br />actual cost of construction/installation as provided by the owner/developer's contractor responsible <br />for the construction and installation of the utilities. After the project is completed and accepted by <br />the city and final payment has been made to the contractor by the developer, the developer may be <br />eligible, under the provisions and procedure set forth in section 74-287(b) above for the difference <br />between the cost of extending said infrastructure/utilities, and the development fees that would <br />otherwise be normally assessed the site or parcel. <br />(2) In no case shall the development fee be less than the cost of the required water meter and <br />appurtenances, sanitary sewer stack and/or tap, and the inspection of the physical tap by city <br />personnel. <br />(d) Project records. The planning department's office shall keep complete records on each project <br />made after the date of this division and shall determine the development fee to each tract of land affected <br />by each utility extension project provided a utility extension agreement exists for the newly extended line. <br />(e) Stipulations on reimbursement. <br />(1) All reimbursements established under this division are an obligation of the city for a period <br />of ten years from the date of acceptance of the improvements, and, if qualifications for refund under <br />the terms of this division have not been met in this time, the city and landowners of all future taps <br />onto said utility line shall be automatically released of all obligation and further bookkeeping on the <br />account. <br />(2) A developer/owner shall not be required to pay a pro -rata reimbursement as described in <br />this division if the developer/owner is proposing to extend an existing line and will not be gaining <br />any direct utility service tap from the theretofore previously installed utility line. <br />(3) Pro -rata reimbursement charge formula. <br />A development fee shall be made against each tract or parcel that uses or ties onto the subject project <br />water line or sanitary sewer line based on the following formula: <br />Reimbursement = Total construction cost of project X Linear front footage of that certain tract that <br />cost when service is <br />requested Total linear footage of the extension taps onto previously extended line" <br />Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, <br />or the application of same to any person or set of circumstances is for any reason held to be <br />unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their <br />application to other persons or sets of circumstances shall not be affected thereby, it being the <br />intent of the City Council in adopting this ordinance that no portion hereof or provision or <br />regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, <br />vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared <br />to be severable for that purpose. <br />Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance <br />are hereby repealed; provided, however, that such repeal shall be only to the extent of such <br />inconsistency and in all other respects this ordinance shall be cumulative of other ordinances <br />regulating and governing the subject matter covered by this ordinance. <br />Section 4. Any person who violates a provision of this ordinance, upon conviction in the <br />municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars <br />($2000.00). Each day of violation shall be considered a separate offense. <br />
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