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