A. Prior to construction of a project which the developer seeks reimbursement, the developer shall meet with the city to establish an agreement, approved as to form by the city, that provides the following tenets:

1. Identifies the developer(s) and address of notice;

2. Identifies the property, by legal description, that is the developer’s project and will be serviced by the main;

3. Identifies any adjacent property, by legal description, that is immediately adjacent to or fronting the extended main and will likely be connected to the main;

4. Identifies location of the main terminus point(s) where the utility’s terminus points exist and proposed terminus points where other future extension(s) may occur;

5. Provides a place to enter the eligible total cost of the project, which developer will provide, for review and acceptance by the city, when the project is completed by the developer and accepted by the utility;

6. Identifies the amount, if any, that the city will contribute to the cost of the mains to reimburse the developer for constructing attributes that the city demands beyond those necessary to serve the developer;

7. Includes one of the following options as the method of apportioning reimbursement to the service area parcels for future service line connections to the main:

a. If parcels are reasonably similar in size and similarly zoned then the eligible total cost of the main(s) shall be divided by the total quantity of lots in the undeveloped service area and that amount shall be apportioned to each.

b. If parcels are dissimilar in size but similar in proportion of frontage to area and similar in zoning, then the total cost of a main shall be divided by the total horizontal length, measured in feet, of that main and each parcel shall be apportioned a share equal to the length, in feet or portions thereof, that the parcel fronts the main times the cost per linear foot.

c. If parcels are dissimilar in zoning and/or size then apportionment shall be based upon the benefit provided each parcel. The calculation of benefit shall consider the zoning, area and frontage. The zoning consideration shall assume the following: the project most benefits those properties with the higher potential demand; residential, commercial, industrial is the ranking of zones in order of increasing potential demand.

d. Stipulates that the total amount the developer may recoup shall not exceed more than the eligible total cost. The amount reimbursed may be derived from service line connections not included in the service area or qualified reimbursements for connection of extended mains.

e. Stipulates that the agreement shall terminate after ten years from the date of signing.

f. Stipulates that the developer is responsible for notifying the city of any change in ownership of the agreement.

g. Stipulates that the city shall not issue service line connection permits or allow connections to the mains covered by the agreement without obtaining evidence that the developer has with been reimbursed or has waived reimbursement. (Ord. 655 § 1(part), 2004)