§ 25-193. Extension of lines.

(a)

Definitions. When used in this section, the following terms shall have the stated meanings.

(1)

City shall mean the City of Fort Smith, Arkansas, as represented by the city administrator or his designated agent.

(2)

Entire drainage area shall mean a natural drainage basin greater than one hundred (100) acres not presently served by public sewer facilities and within the planning jurisdiction of the city, which encompasses the initial development and may encompass one (1) or more subsequent developments.

(3)

Initial developer means the developer who initially extends the sewer facilities which may be utilized by subsequent developers within the same drainage area. An initial developer may also be a developer who, by means of a written agreement with the city, provides for the reimbursement of the total cost incurred by the city for the city's construction of required sewer facilities, which must, as determined by the city, be constructed in a specific location to best serve the city's needs for the orderly development of the entire drainage area, and may require eminent domain actions by the city to accomplish the construction of said sewer facilities. A developer may be an initial developer and a subsequent developer within the entire drainage area.

(4)

Initial development shall mean the area the initial developer intends to develop.

(5)

Reimbursable amount shall mean an amount owed by a subsequent developer to the city for reimbursement to the initial developer.

(6)

Sewer facilities shall mean facilities for collecting, pumping and disposing of sewage which facilities may include sewer lines, pump stations, lift stations and other similar facilities.

(7)

Subsequent developer shall mean a developer who develops an area within the entire drainage area and who ties onto or utilizes the sewer facilities extended by an initial developer.

(8)

Subsequent development shall mean an area of development within the entire drainage area which ties onto or utilizes the sewer facilities extended by the initial developer.

(9)

Total cost shall mean the total cost to the initial developer for the construction of that portion of the sewer facilities of the initial development which is available to serve the entire drainage area, which cost may include engineering fees and right-of-way costs.

(b)

Extension of facilities, reimbursement of costs.

(1)

Upon application to the city for approval of development of a tract of land located in an entire drainage area as defined herein and when required by the city, land developers shall extend public sewer facilities to the city-owned trunk line or interceptor line or main determined to be adequate by the city. The required sewer facilities shall be of sufficient size to serve the entire drainage area in which the sewer facilities are to be constructed. The initial developer shall submit information indicating the size of the sewer facilities to be constructed and shall submit a map, certified to by an engineer licensed to practice in the state, depicting the size and boundaries of the entire drainage area and the size and boundaries of the initial development to the city for approval. Such sewer facilities shall not be constructed until approval has been given in writing by the city. The entire drainage area shall be located within the planning jurisdiction of the city.

(2)

The initial developer shall bear the initial expense of the sewer facilities constructed within the initial development. Upon completion of construction of such sewer facilities, the total cost of the sewer facilities shall be determined as set forth in subsection (b)(3) below. Any subsequent developer who ties onto or utilizes such sewer facilities shall share in the total cost of the sewer facilities, based on the area of the subsequent development as a percentage of the entire drainage area multiplied against the total cost of those portions of the initial development facilities actually being utilized by the subsequent development. The initial developer shall be reimbursed only for the approved portion of the total cost of those sewer facilities constructed to serve the entire drainage area as approved by the city.

(3)

The city shall determine an amount owed by all subsequent developers, based on the factors enumerated in subsection (b)(2) above, which amount shall be known as a reimbursable amount owed by any subsequent developer. In order to aid the city in determining the total cost and the reimbursable amount, the initial developer shall submit to the city a copy of a unit price final pay estimate certified to by an engineer licensed to practice in the state. Total cost may include engineering fees and right-of-way costs for the extension of the sewer facilities, if the developer submits to the city an affidavit setting forth and verifying such costs. The city will utilize the previously submitted information, and any additional information requested or known by the city in determining the total cost and the reimbursable amount to be paid by subsequent developers. If the required cost information is not provided within one (1) year from the date of the city's written acceptance of the initial development, or three (3) months from the effective date of this section as provided for in subsection (c) hereof, the city shall disallow any request for reimbursement by the developer of the initial development. The reimbursable amount owed by any subsequent developer shall not include the costs attributable to sewer facilities which are located upstream from the point at which the subsequent developer ties onto the system and accordingly are not utilized by the subsequent developer.

(4)

There shall be annually added to the reimbursable amount an interest factor of five (5) percent simple interest per annum from the date of the city's determination of the total cost.

(5)

The city shall also charge and collect for the city from the subsequent developer an administrative fee of four (4) percent of the reimbursable amount for the subsequent development.

(6)

The reimbursable amount for any subsequent development shall be payable to the city, for reimbursement to the initial developer by the subsequent developer, on or before the date the subsequent developer is allowed to tie onto and utilize the sewer system. The city shall reimburse the initial developer, its successors or assigns, within a reasonable period of time after receipt of the reimbursable amount from the subsequent developer. The city shall never be responsible for any sums not actually collected by the city.

(7)

No reimbursable amount shall be due or payable after twenty (20) years from the date of the city's acceptance of the sewer facilities of the initial development.

(8)

The reimbursable amount charged to a subsequent developer is in addition to, and is not in lieu of, any sewer connection charges or tie-on fees required by section 25-194.

(c)

Applicability. The provisions of this section shall be applicable to any initial development, whether occurring prior to or subsequent to the adoption of this section, within an entire drainage area as to which there has been, as of the date of adoption of this section, no subsequent development and for which there has been no city-approved reimbursement or payback agreements entered into under any previously existing legislation of the city. Provided, any initial developer desiring application of the provisions of this section to an initial development constructed prior to the adoption of this section shall, within three (3) months of the date of this section, submit to the city and obtain from the city written approval of the entire drainage area and total cost applicable to such initial development.

(Code 1976, § 31-93; Ord. No. 47-98, § 1, 6-16-98)