In addition to the charges set forth herein, county will require a refundable advance
by a contributor to temporarily defray the cost of any off-site extension of water
and/or wastewater mains, pumping stations, and other facilities necessary to provide
service to the contributor's property unless, at the time of the request for service.
County determines that the extension to provide such service is economically justified
or is appropriate to improve system reliability or enhance the quality of service
to existing customers. The amount of the refundable advance will be based on the cost
of the off-site mains and other facilities. Such facilities shall be designed and
constructed in accordance with county's master plan for service to the immediate surrounding
area. Charges paid by the contributor over and above the contributor's hydraulic share
of the facilities shall be refunded to the contributor in accordance with the terms
and conditions of a refunding agreement which the county will execute with the contributor.
The refund agreement will provide for a plan of refund based upon connection of other
properties lying between the terminus of the county system and the terminus of the
improvement that will be served by the facilities to the extent of their hydraulic
share. The contributor shall bear the reasonable expense of preparing the refund agreement.
Notwithstanding the provisions of this paragraph, the life of the refund agreement
shall be seven (7) years, after which time the balance of the refund not made to the
contributor by the terms and conditions of the refund agreement will be retained by
county, and such refund agreement will be canceled. In no event shall a contributor
recover an amount greater than the difference between the capitalized cost of such
improvements and the contributor's own hydraulic share of such improvements. The county
will not include any interest upon the refund of the contributor's advance.
(Ord. No. 04-4, § 27, 3-2-2004)
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