For the purposes of this article the following definitions apply:
Future user
means a property owner or owners within the Town limits that the Town determines will be able to use a sewer improvement in the future.
Property owner
means a property owner or owners within the Town limits.
Sewer improvement
means an improvement to the Town's sanitary sewer system within a public right of way or public easement for which the property owner wishes to enter into a reimbursement agreement with the Town.
(§ 1, Ord. 402, eff. November 20, 1999)
Upon approval from the City Council, after recommendation by the City Engineer and receipt of an encroachment permit from the Town, a property owner may install a sewer improvement for the property owner's benefit, as well as the benefit of future users.
(a) 
Application. The property owner shall submit an application for a sewer improvement to be constructed with engineered plans to the Town indicating the size, capacity, length and estimated cost of the proposed sewer improvement, as well as the proposed future users.
(b) 
Engineer Review. The City Engineer shall review the application and recommend to the Council the appropriate size, capacity, length and reasonable cost of the proposed sewer improvement, as well as the appropriate proposed future users.
(c) 
Council Decision. If the Council approves the proposed sewer improvement, the property owner shall procure encroachment and excavation permits from the Town in order to perform work within the Town's right-of-way or public easement.
(d) 
Reimbursement. If the Council approves reimbursement of the costs of the sewer improvement by future users, the Town shall enter into a reimbursement agreement with the property owner, which agreement shall be approved by the Council by resolution.
(§ 1, Ord. 402, eff. November 20, 1999)
(a) 
If the Town enters into a reimbursement agreement with the property owner to reimburse the property owner for the cost of the sewer improvement, the property owner shall construct or cause to be constructed the sewer improvement pursuant to encroachment and excavation permits, bearing the entire cost of the sewer improvement, including, without limitation, design, engineering, construction, review and inspection costs and Town fees.
(b) 
The reimbursement agreement shall calculate the division of such costs among the property owner and future users, provided that no cost of administration or management undertaken by a property owner and no cost of improvements outside a public right-of-way or public easement shall be included.
(c) 
The Town shall, pursuant to the reimbursement agreement, collect from future users who wish to benefit from the sewer improvement or who are required, as a condition of approval, to use the sewer improvement, their proportionate share of the sewer improvement and reimburse the property owner those costs of the sewer improvement that are attributable to the benefit of the future users and levy a charge on the future users to reimburse the Town for such cost.
(d) 
In no event shall a reimbursement agreement extend beyond 25 years and in no event shall the Town be liable to a property owner for the failure to collect reimbursement costs.
(§ 1, Ord. 402, eff. November 20, 1999; § 1, Ord. 516, eff. August 9, 2009)
Where a property owner has constructed a sewer improvement within 10 years prior to the effective date of this article (November 20, 1999), and the property owner has copies of all invoices demonstrating costs expended by the property owner related to the sewer improvement, the property owner may apply for a sewer reimbursement agreement pursuant to this Article 5.
(§ 1, Ord. 411, eff. March 17, 2001)