§ 47-334. Terms and conditions of reservations.  


Latest version.
  • (a)

    A wastewater capacity reservation shall represent a commitment of the city subject to the regulatory actions of the state and federal governments, the applicable rules and regulations of the city and the terms and conditions contained in this article and in the wastewater capacity reservation itself, to permanently reserve capacity in wastewater facilities to serve a proposed development so that utility service will be available upon completion of the buildings or other structures contained in the proposed development. A wastewater capacity reservation is applicable only to the tracts, lots or subdivisions listed therein unless a transfer is approved as provided in section 47-335. A wastewater capacity reservation which is issued on the basis of an application which contains materially false information shall be void.

    (b)

    A temporary reservation shall expire on its stated expiration date and may, upon application in writing to the director, be converted on or before its expiration date to a wastewater capacity reservation by paying the capital recovery charge.

    (c)

    A temporary reservation which was originally issued before April 2, 1983, shall, notwithstanding its stated expiration date, expire at 5 p.m. on April 2, 1984, and may, upon application in writing to the director, on or before its date of expiration, be converted to a restricted wastewater capacity reservation if, prior to the conversion of the temporary reservation, one or more of the following conditions have been met:

    (1)

    All connection charges have been paid for the proposed development; or,

    (2)

    The temporary reservation required the property owner to construct a public wastewater utility line extension and the extension has been constructed or is under construction; or,

    (3)

    The temporary reservation required a contribution of funds or the construction by the property owner of particular wastewater facilities and the conveyance of such facilities to the city, the city council has approved the transaction if it required a contribution of funds, and the property owner has paid the funds to the city or conveyed the ownership of the particular wastewater facilities to the city.

    (d)

    A restricted wastewater capacity reservation may, upon application in writing to the director, be converted to a wastewater capacity reservation by paying the capital recovery charge at the time of application.

    (e)

    A property owner whose temporary reservation expires may make a new reservation application under the terms of this article.

(Code 1968, § 49-734; Ord. No. 83-650, § 1, 5-3-83)