(a) 
Nature of fee.
A charge known as a “pro rata fee” shall be imposed against all undeveloped property abutting an existing wastewater main or for undeveloped property within the drainage area of a permanent lift station or sanitary sewer trunk main for which such fee has been established pursuant to this division, as a condition of connection to such main or lift station, for the purpose of reimbursing the developer who previously installed or paid for the main or lift station.
(b) 
Amount of fee - wastewater main.
The pro rata fee shall be established for each side of the main to which connections are to be made. The fee for each side shall be equivalent to the user’s proportionate share of the system, together with all appurtenances, based upon the user’s demand and/or verified costs pursuant to section 12.08.021 for that length of the system being utilized by the property being charged.
(c) 
Amount of fee - lift station.
The pro rata fee shall be established for users of a permanent lift station. The fee shall be equivalent to the user’s proportionate share of the lift station system, together with all appurtenances, based upon the user’s demand and/or verified costs pursuant to section 12.08.021 for that area of the system being utilized by the property being charged.
(Ordinance 2019-06-05 adopted 4/16/19)
(a) 
Request for pro rata fees.
Prior to final acceptance of wastewater main improvements by a developer, the developer shall submit a written request to the city administrator stating whether a pro rata fee will or will not be requested to be established for the main that the developer installed.
(b) 
Submittal requirements.
The request to establish a pro rata fee shall be on a pro rata contract form provided by the city. The request shall include a copy of the actual contract with unit prices. The request must identify the cost of the main including valves, fittings, manholes and other appurtenances which are determined necessary for the construction of the line.
(c) 
Verification of costs by city engineer.
The city engineer shall verify the developer’s calculations for the pro rata reimbursement. In the event of a discrepancy, the city engineer shall establish the cost for the pro rata fee based upon verifiable costs.
(d) 
Reimbursement amount.
The maximum amount for which a developer may be reimbursed from the proceeds of pro rata fees for the main installed shall not exceed the costs determined by the city engineer under subsection (c) plus engineering fees, calculated at the rate of six (6) percent of the verified construction cost.
(e) 
Pro rata for permanent lift station or sanitary sewer trunk main.
In the event a permanent lift station or sanitary sewer trunk main that exceeds the area necessary to serve a development is required pursuant to section 12.08.010 and section 12.08.011, the developer must submit a written request for establishment of a pro rata fee for the permanent lift station or sanitary sewer trunk main which shall be on a cost per acre basis to be eligible for pro rata. The costs eligible for reimbursement shall include the lift station, force main and other appurtenances or sanitary sewer trunk main, and other items included in subsection (b). The city engineer shall be responsible for approving the cost submitted by the developer for the drainage area served by the facility, as provided in subsection (c).
(Ordinance 2019-06-05 adopted 4/16/19)
(a) 
Obligation to pay fee.
The pro rata fee shall become payable prior to the issuance of a building permit except that for a single-family residential development the pro rata fee shall become payable prior to approval of engineering plans or at an appropriate subsequent date as determined by the city engineer.
(b) 
Calculation of fee.
The amount of the pro rata fee shall be calculated by the city engineer by multiplying the unit cost determined in sections 12.08.020 and 12.08.021 by the number of linear feet of that portion of the property boundary of a lot which abuts a street, alley or easement containing a wastewater main for which pro rata fees have been established, or the user’s proportionate per acre fee multiplied by the number of acres in the development.
(Ordinance 2019-06-05 adopted 4/16/19)
A pro rata fee account is hereby established. The city shall deposit all pro rata fees collected pursuant to section 12.08.021 and section 12.08.022 into such account. Expenditures from such account shall be earmarked solely for reimbursement of developers for the reasonable costs of installing wastewater mains for which pro rata fees have been established pursuant to section 12.08.021 and section 12.08.022.
(Ordinance 2019-06-05 adopted 4/16/19)
(a) 
Reimbursement time limit.
For a period of ten (10) years after dedication to and acceptance by the city of the completed facility, the developer shall be entitled to reimbursement from the proceeds of the pro rata fees established pursuant to section 12.08.021 up to the total cost of the extensions. Payment shall be from the pro rata fee account. The city shall make reimbursements within one hundred eighty (180) days after receipt of the pro rata fee.
(b) 
Unclaimed funds.
If the city is unable to reimburse the developer who installed the main following reasonable attempts to locate such developer, the city shall refund all fees which remain unclaimed ten (10) years following the date of acceptance of the wastewater main, together with interest accrued, to the depositor of the fee. If such depositor cannot be located, the pro rata fees shall be transferred to the city sewer fund for expenditure.
(Ordinance 2019-06-05 adopted 4/16/19)
On all pro rata fees reimbursed to the developer, the city shall deduct two (2) percent of the amount collected plus one hundred dollars ($100.00) as a collection fee. The city shall deposit collection fees into the city sewer fund for expenditure.
(Ordinance 2019-06-05 adopted 4/16/19)