818-02 Establish Water Facility Connection Fees

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OR BK 5173 PG 994 10 of 14 to undertake all or a portion of an Off-Site Facilities Project, (2) at the request of the Department, constructs On-Site Facilities with capacity in excess of that required to serve the development covered by the application for service and/or building permit and does not receive payment pursuant to an over sizing agreement, or (3) escrows money with the Department for an Off-Site Facilities Project, as defined in this Ordinance, shall be eligible for a credit for such contribution against the Capacity Fee otherwise due. The Applicant must,prior to the Applicant's construction or escrow, submit a petition for credit to the City Manager for a determination of credit eligibility. (b) The amount of the credit shall be based upon certified cost estimates submitted by the applicant and approved by the Utilities Director. In no event shall the credit exceed the amount of the otherwise applicable Capacity Fee component. (c) Within ten (10) days after receipt of a petition for credit, the City Manager shall forward the petition and supporting documentation to the Utilities Director for review and recommendation. The City Manager shall approve, deny or approve with conditions, the petition and establish the amount of credit within sixty (60) days following the filing of a petition. (d) If a petition is approved for credit by the City Manager, the applicant and the governing body shall enter into a Credit Agreement which shall include,but is not limited to,the following: (1)the timing of the action to be taken by the applicant and the obligations and responsibilities of the applicant, including, but not limited to the land acquisition and construction standards and requirements to be complied with, (2) the obligations and responsibilities of the Governing Body including,but not limited to inspection of the project, and (3) the amount of the credit or mechanism to be used to determine the amount of the amount. If the credit is less than the Capacity Fee otherwise due,the applicant shall pay the Capacity Fee less the credit at the time of approval of the application for service and/or building permit by the Department. Where the Applicant for credit is not, or will not be,the property owner or agent of the property owner requesting a Certificate of Occupancy, such applicant shall lagree to provide recorded notice to subsequent owners of the property regarding the credit, the availability of any credit to such purchasers and shall agree to indemnify the City for any and all costs and liabilities arising from any claims related to the Capacity Fee credit. If any credit available at time of issuance of a Certificate of Occupancy is less than the Capacity Fee due, the applicant shall pay the Capacity Fee less the credit at the time of the Certificate of Occupancy issuance. SECTION 12. Biennial Review. (a) Biennially,the Utilities Director shall prepare a report to the Council on the subject of Water Facilities Capacity Fees,which report shall incorporate: (1) recommendations on amendments, if appropriate, to this Ordinance, as amended; (2) proposed changes to the CapacityFee calculation methodology; (3) proposed changes to the Capacity Fee calculation variable; (4) proposed changes to Capacity Fee rates or schedules.