Section 13.24.060 City exemption and developer assessments.

Should the City seek to connect a City owned sanitary sewer transmission line and/or potable water transmission main to a City sanitary sewer or water distribution main that is subject to one (1) or more recoupment agreements, the City shall be exempt from assessment of recoupment or recapture fees; however, subsequent customers of the City who receive sanitary sewer and/or water service utilizing said line or lines that are subject to one (1) or more recoupment agreements shall not be exempt and shall be required to pay the applicable recoupment fee (including real estate developers/subdividers who seek to obtain sanitary sewer service and/or water service for their subdivision developments). Land developers/subdividers who seek to connect property proposed to be subdivided in this City to a sanitary sewer line or a potable water distribution line that is subject to one (1) or more recoupment agreements and for which a subdivision final plat is requested to be approved by the City, prior to the City enacting an ordinance to approve the final subdivision plat for the subdivision property, the subdivider/developer shall pay the applicable recoupment fee to the City Clerk for each of the proposed lots on the final plat for the subdivision. The subdivider/developer shall provide a copy of the receipt for payment of the applicable recoupment fee to the City Attorney and the City Engineer for their use in making recommendations for final subdivision plat approvals. Where a subdivision is sought to be platted and developed in the City in stages or phases, so that multiple final subdivision plats will be submitted to the City Council for approval (one [1] final subdivision plat for each stage or phase of the subdivision), the applicable recoupment fee will be in the amount of the appropriate assessment for the property comprising each phase or stage. Same shall be paid prior to final plat approval for each phase or stage. Where a subdivision in the City is sought to be enlarged or expanded by final platting of additions to the subdivision, the applicable recoupment fee shall be in the amount of the appropriate assessment for the property comprising each addition and will be required to be paid prior to final plat approval for each addition. Otherwise (that is, except for subdividers/developers or the City) it shall be the owners of individual lots, parcels or tracts of property who derive benefit from service lines and facilities subject to recoupment by depositing sewerage in the City’s sanitary sewerage system which flows through a line subject to recoupment or which draws potable water off of a City potable water service line that receives water service directly or indirectly from a water main subject to recoupment that shall be subject to the assessment of recoupment fee pursuant to this Code.