A. There shall be no waiver of storm drainage connection fees, in whole or in part. At
the discretion of the district manager or the board, as provided in subdivision B
of this section, connection fees may be deferred with regard to property owned by
local governmental entities or by organizations that are qualified as exempt from
income taxation under section 501(c) of the Internal Revenue Code of 1986 as amended,
or any successor statute, and which shall have been organized and operated exclusively
for charitable or educational purposes; provided, however, that the property is used
for such governmental, charitable or educational purposes. The amount of the deferred
connection fees shall be evidenced by a promissory note that provides for the accrual
and collection of interest on the unpaid balance of the deferred connection fees,
at a rate approximating the average interest rate earned by the district on its investment
accounts at the time the promissory note is executed. The district ay require such
security for the payment of the deferred connection fees as the district deems necessary
or prudent. Should the property cease to be owned by the local governmental entity
or by the charitable or educational organization, or cease to be used for such governmental,
charitable or educational purposes, the unpaid balance of the deferred connection
fee, along with accrued interest, shall immediately become due and payable to the
district, and the promissory note and any security instrument may so provide.
B. Storm drainage connection fees may be deferred at the discretion of the district manager
for a period not to exceed three years. If an applicant desires a deferment of more
than three years, the applicant must apply in writing to the board, which shall consider
the request at a regular meeting held within thirty (30) days after the district receives
the application. The board in its discretion may defer connection fees for a period
not to exceed five years.
C. Fees for any direct charges incurred by the district for inspection, connection, or
other labor and materials shall not be deferred.
(Ord. No. 2011-70B, § 8, 1-11-2011)
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