§ 22-3-14-393. Lease-purchase agreement procedure.

A.

Prior to constructing a sanitary sewer main extension for which the developer and/or owner desires to recover a portion of the cost of constructing the main extension the application to participate in a lease-purchase agreement should be submitted, reviewed and approved by the city council.

B.

The application shall include the following information:

1.

Name and address of the owner or developer making the application;

2.

Plans and specifications for the sanitary sewer main extension prepared by a licensed civil engineer and meeting the approved City Sewer Master Plan, and city standards and specifications showing the proposed location of the new main, location of existing sanitary sewer mains in close proximity thereto, the proposed point of connection and costs of construction including but not limited to engineering costs, off-site right-of-way and easement acquisition costs and labor and materials;

3.

Legal descriptions of right-of-way and easements to be dedicated to the city and written consent to the granting of the same by all land owners affected; and

4.

Payment of review fee as set out in Appendix A, Schedule of Fees and Charges.

C.

Following construction of said improvements, the developer shall submit the as-built drawings, fully executed utility easements and/or rights-of-way, the certified actual costs associated with the construction of said improvements, and the final description and sketch of the defined service areas.

D.

The lease-purchase agreement must be approved by city council prior to, or in conjunction with the approval and acceptance of the related improvements.

1.

Those impact fees that can be specifically attributed to improvements included in a fully executed lease-purchase agreement that were collected within the twelve-month period prior to approval of said agreement may be recovered by the developer.

2.

Any improvements accepted by the city council after July 1, 2009, that would otherwise meet the requirements of this article, but for which an application for a lease-purchase agreement was not submitted prior to construction of said improvements, may be considered by city council for inclusion in a lease-purchase agreement provided that a full and complete application for same is received by the director of planning prior to June 30, 2010.

(Ord. 2005-14, Add, 05/26/2005)

(Ord. 2007-65, Amended, 11/27/2007; Ord. 2006-18, Amended, 05/23/2006)

(Ord. No. 10-02, § 4, 1-26-2010)