§ 5-6.807. Participation in Cost of Existing Sewers.

No property shall be permitted to connect to the City sewage system without participating in the cost of the sewer mains which serve the area where the property is located.

Any property connecting to the City sewage system that has not already participated in the cost of a sewer main and which is to be served by an existing sewer shall either make reimbursement, through the City, of the property's proportionate share of private funds expended on the existing sewer main in accordance with any agreements on file with the Director or shall pay to the City a fee which shall be in accordance with a schedule approved by the Council from time to time by resolution, whichever is the greater sum.

The acreage used to determine the sewer main fee shall be the total area developed or being developed which is owned, leased or controlled by the user.

In those instances where the total acreage owned, leased or controlled by the user is greater than that developed, the Director is authorized to determine the acreage to be used in determining the sewer main fee. The remaining acreage shall pay a sewer main fee at such time as it is developed.

Notwithstanding anything to the contrary contained in this chapter, the Council shall have the power to determine, by agreement, the total acreage developed or being developed which is owned, leased or controlled by a user meeting both the criteria set forth below:

(a)

The user will establish a new industry or expand an existing industry within the Modesto Municipal Sewer District that results in more than two hundred twenty-five (225) new, permanent, on-site, full-time employees;

(b)

The user will-construct a new industrial building or building addition with total floor space in excess of one hundred seventy-five thousand (175,000) square feet with total project costs in excess of twenty million dollars ($20,000,000.00).

If the property is developed beyond that development approved by the Council the developer shall pay a sewer main fee on the additional acreage developed. If the user fails to meet either of the criteria after development, the agreement shall be void and a sewer main fee shall be paid based on the total acreage developed or being developed had the above criteria not been applied.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)