19F - RECEIVE AND FILE SEWER SYSTEM

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ARTICLE V. MEMORY LANE INTERCEPTOR SEWER DEVELOPMENT FEE Page 2 of 2 (5) There is a reasonable relationship between the use of the fee imposed by this article for the Memory Lane Interceptor, the need for the Memory Lane Interceptor, and the types of major development projects which are subject to the fee, because major development projects cannot proceed at all in the service area unless additional sewer facilities are provided to service that area, and the Memory Lane Interceptor is the most appropriate means to provide such additional sewer service. (6) The amount of the fee imposed by this article is reasonable, in that it is based on anticipated development projects in the service area and the portion of the cost of the Memory Lane Interceptor allocated to the city. (Ord. No. NS-2178, § 1, 10-5-92) Sec. 39-82. Imposition of fee. There is imposed upon each development project in the fee area a development fee in the amount of ninety-eight dollars ($98.00) per fixture unit. The fee imposed by this section is in addition to any other development fees imposed by this Code, except that it shall be in place of the sewer connection fee established by section 39-53. No building permit shall be issued for any part of a development project in the fee area until the fee imposed by this section has been paid; provided, however, the city may require earlier payment of the fee through conditions imposed on any discretionary approval of the development project by the city or through a development agreement between the city and the developer. (Ord. No. NS-2178, § 1, 10-5-92) Sec. 39-83. Memory Lane Interceptor fee fund. All money received by the city pursuant to section 39-82 shall be deposited in a separate account known as the Memory Lane Interceptor fee fund. Money in such account may be invested in the same manner as other city money and any interest earned thereon shall likewise accrue to the Memory Lane Interceptor fee fund. Money in the Memory Lane Interceptor fee fund may be used solely for the purpose of paying the city allocation until the city allocation, exclusive of the agency payment, has been paid in full, except as otherwise provided in section 39-83.5. (Ord. No. NS-2178, § 1, 10-5-92) Sec. 39-83.5. City prepayment of city allocation. If and to the extent that the city has paid the city allocation to the district (exclusive of the agency payment) with funds other than those paid into the Memory Lane Interceptor fee fund pursuant to section 39-83, then payments into that fund shall be used to reimburse the city for such payment. (Ord. No. NS-2178, § 1, 10-5-92) 19F-140 http://Iibrary2.municode.com/default-test/DocVieNn-" 14452/I /242 '247 3/3/2009