§ 19-135. Contributions in aid of construction.

(a)

Manner of paying; payment prerequisite to rendering service. The county requires the payment of contributions in aid of construction, either by cash payments or through the installation of water distribution and wastewater collection facilities by the developer, builder or property owner, the title to such facilities transferred to the county, or a combination of both forms of contributions. The requirement of the county for such contributions is declared to be for the purpose of defraying the cost of the water distribution and wastewater collection systems. The payment by the developer, builder and/or owner of such contributions to the county shall be a condition precedent to the rendering of service by the county.

(b)

Computation. The aggregate value of contributions in aid of construction required by the county, either in cash or by utility facilities construction donated to the county, shall be computed and determined as follows:

(1)

On-site facilities. Each developer, owner or builder (hereinafter referred to as "developer") shall be responsible for the design, installation, inspection and testing of complete distribution facilities and collection facilities located in the street or streets, facilities' rights-of-way or easements adjoining or within the boundaries of the developer's property, or the equivalent cost of the same in the event such facilities have been previously designed and/or installed. The county's requirement for the installation of oversized lines or facilities, located on the developer's property and designed to provide service for other properties, shall be the subject of a refunding agreement as set forth in executed developer's agreements. The limited size of the developer's property, for which service has been requested, may indicate to the county the desirability of having the county design and install the distribution facilities and wastewater collection facilities. In such event, the county reserves the right to compute the estimated cost of such extension and to require the developer to pay such cost of construction in lieu of the developer's installation of such facilities.

(2)

Off-site facilities. The developer is required to extend service to the county's water distribution and wastewater collection facilities. For the purpose of this extension policy, the term "off-site" shall be defined as those distribution facilities, water transmission facilities, wastewater transmission facilities, collection facilities and/or pumping stations necessary to connect the developer's property with facilities of the county adequate in size to transmit to the developer's property an adequate quantity of water under adequate pressure and/or transmit wastewater collected on the developer's property to the treatment plant or disposal site of the county. The physical location of such off-site facilities may, in fact, be within the geographic boundaries of the developer's property, however, such geographic location shall not change the character of said off-site facilities since the same relates to major transmission and collection facilities serving major developed areas or more than one developer's property. It is the county's policy to apportion the cost of the off-site facilities pro rata against the properties receiving service from such off-site facilities using the refundable advance approach. Since each developer draws from the hydraulic capacity of such facilities, the county will require that the developer install such facilities and pay his property's hydraulic share as a minimum of the cost of the off-site facilities through which service is rendered to the developer's property. Developers are required to advance all or a portion of the off-site facilities in order to provide a physical interconnection of the developer's property with the facilities of the county at their then present terminus. Such eventualities are covered by provisions in this extension policy in section 19-141, "refundable advances."

(Ord. No. 96-35, § 16, 11-5-96)