The provisions of this article shall apply to only those extensions
or improvements that are made by or under the permission of the Borough.
The cost of constructing such extensions or improvements, including
all costs directly connected therewith, such as engineering fees,
legal fees, inspection fees, etc., shall be paid either by the Borough
from funds which may be available for that purpose, or at the direction
of Borough Council, all of such costs shall be paid by the developer
of the area to be serviced by such extensions or improvements.
A developer, as hereinbefore defined, shall submit a request
to the Secretary of this Borough for such sewer service. Such request
shall be accompanied by such detailed plans and are to be developed
as are required by the Land Subdivision Ordinance of this Borough.[1]
[1]
Editor's Note: See Ch. 325, Subdivision and Land Development.
The Secretary shall submit such request and accompanying plans
to the next meeting of the Borough Council held after receipt of said
request, and the Borough Council, after consideration thereof, shall
give tentative approval to said request or shall direct such further
investigation or conference with respect thereto as it may deem advisable.
All plans and specifications for the construction of said extensions
or improvements shall be prepared at the direction of the Borough
Council by the Borough Engineer, and preliminary estimate of the cost
of such extensions or improvements shall be determined by said Engineer.
When the preliminary estimate of cost has been determined and
submitted to the Borough Council, the Council shall determine whether
any or all of such costs shall be borne by the Borough or shall be
paid by the developer.
When final approval of the plans and specifications has been
given by the Borough Engineer and the Borough Council has made its
determination with respect to the payment of the costs of construction,
the Council shall proceed to receive bids for the work and/or shall
direct the developer to perform the work with a contractor of the
developer's choice and at the developer's cost.
All construction work shall be subject to the supervision and
inspection of the Borough Engineer.
Simultaneously with the direction to a developer to perform
the work, the developer shall enter into a contract with the Borough,
which said contract shall provide, among other things:
A.
That the developer and the developer's contractors shall assume all
liability with respect to the performance of said work and shall save
harmless the Borough from any damage arising as a result of the performance
of said work; that the developer shall cause to be filed with the
Borough Secretary proper certificates of insurance in favor of the
Borough with respect to public liability and property damage in such
amounts as the Council may direct.
B.
That said extensions or improvements and all necessary appurtenances
shall become and remain forever the property of the Borough.
C.
That said work shall be performed under the provisions of this article.
D.
That said developer shall be reimbursed for the cost of said work
by the Borough on the following basis:
(1)
In the event that a trunk line, as hereinbefore defined, is constructed
by the developer, the Borough will pay to the developer as a refund
the sum of $25 for each bona fide user connected to the sewer system
within a period of 10 years from the date of said contract and using
the trunk line thus constructed; said refund shall be made irrespective
of whether the bona fide user is located within or without the area
actually developed by the developer. But in no event shall the total
of refunds paid to the developer exceed the actual cost to the developer
of the construction of said trunk line.
(2)
For each new bona fide user connected to the sewer system within
a period of 10 years from the date of said contract, located within
the area under development by the developer and provided with a collector
line and lateral, as hereinabove defined, at the cost of the developer,
the Borough will pay to the developer as a refund the sum of $200
for each bona fide user. But in no event shall the total of refunds
to the developer exceed the actual cost to the developer of the construction
of said collector line and said lateral line and appurtenances.
(3)
It is understood by the parties to said contract that the only source
of moneys available to the Borough from which to make the said refunds
is the moneys in the Sewer Revenue Account of the Borough hereinbefore
referred to, and specifically earmarked for use for sewer system purposes
only. In the event that such moneys become exhausted, then claims
for refunds shall have a claim on any future money arising under the
provisions of said Section 4 in the order in which claims for refunds
are presented. In no event shall said developer have any claim upon
the general funds of the Borough arising from taxes or any other source.
(4)
Said refunds shall be made at the end of each lease fiscal year annually
after the date of said contract for the number of bona fide users
connected to the sewer system during that lease fiscal year.
(5)
Upon completion of the construction work, the Borough, upon proper
application, shall provide sewer service to all such bona fide users
in accordance with the then presently existing rates, rules and regulations
of the Borough.
E.
That said developer shall submit to the Borough Secretary within
a reasonable time after the completion of any such extensions or improvements
paid invoices covering the cost of the work, and the total thereof,
after approval by the Borough Council, shall be the basis for the
reimbursement contemplated herein.
