6-5-24: CONTRIBUTION OF PROPORTIONATE OFF SITE CONSTRUCTION COSTS:

   A.   Water Construction Equivalency Fee: Notwithstanding any of the provisions of this chapter, any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, drilling necessary wells, development of storage facilities or reservoirs, or construction of distribution lines whether that construction has been performed by the city, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the city water system, shall be required to pay, in addition to the required service connection charges and the monthly user charges, an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee".

   B.   Determination Of Payment: In determining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a water line, the sole factor shall be whether that user, or a predecessor in title of the user's property, has in fact, paid consideration to the city in cash, services, or in kind, for the construction of the water main or trunk line to which the user now desires to connect, which consideration is commensurate with what the user, or his predecessor in title, would have paid under this section had the user not paid or contributed previously to the cost of construction of the water line.

   C.   Water Construction Equivalency Fee Established By Council Resolution: The water construction equivalency fee for each parcel of ground served by the new water line shall be established and set by the council by resolution upon passage of this chapter and shall be reviewed annually and updated by resolution of the council, which shall consider the use to which the property will be put, the expected water demand, and the amount of delivery capacity of the line that will be used by the proposed use.

   D.   Considerations For Determination Of Water Construction Equivalency Fee: The council shall also take into consideration the amount of land that might be able to be serviced by the water line whether the land to be benefited is directly adjacent to the line or not and shall also take into consideration the cost of the engineering and construction of the line, in current dollars and shall consider the interest that could have been earned on the money used to pay for the original water line. The water construction equivalency fee may be different for residential, commercial, and industrial uses and may be different for different uses within those classifications depending upon the considerations referenced above and may also vary as to whether the property to be served is within or outside the city limits. (Ord. 202, 5-26-1992)