10-2-8-1: GENERAL PROCEDURE FOR ALL CONNECTION FEE DEFERRALS:

This subsection provides the general procedure applicable to all requests for deferral of the payment of connection fees. In addition to the application and other requirements for all connection fee deferral requests, applicants must follow the provisions and procedures specific to the connection fee deferral type as set forth in subsections below.

   A.   Application: The owner or operator of a property that qualifies for a connection fee deferral, shall submit a fully completed application in the manner and form provided by the department;

   B.   Deferral and Payment Agreement: Upon review and acceptance of an application, the department shall prepare an agreement setting the term of deferral and a payment plan for the deferred fees;

   C.   Payments; Interest: Payments of deferred fees shall be made in equal installments on a monthly or quarterly basis, at the option of the applicant or as otherwise prescribed by the agreement. Interest shall be assessed upon the deferred fees at the Wall Street Journal's prime rate as published on the date the agreement is signed;

   D.   Sale; Other Transfers: Unless otherwise agreed to in writing by the department, upon the sale, conveyance, assignment, or the grant of an option, mortgage, deed of trust, pledge, or security interest in, or other transfer in whole or in part of the property subject to deferral, the outstanding deferral amount shall be immediately due and payable in full, together with all interest due under the deferral and payment agreement; and

   E.   Recording of Agreement: The department shall record the executed deferral and payment agreement with the Office of the Ada County Recorder.

   F.   Default: In the event the applicant defaults on the terms of the agreement prior to final payment, sewer connection fee credit will be granted to the property under the following conditions:

      1.   The total credit given will be based on the principal payments received, plus amounts collected from a letter of credit, bond, or other assurance, as applicable, used to secure the agreement, less any costs incurred by the City in collecting the remaining balance owed on the agreement; and

      2.   The credit will be recorded with the property as a single-family dwelling equivalent based on rates in effect at the time the agreement was executed.

   G.   Termination: If an owner or operator continues to discharge while in default for non-payment of the agreement, the connection may be considered an illegal connection and be eligible for termination of service. (Ord. 34-23, 8-29-2023)