08-0397R                                                           AS AMENDED



     The city council finds:

     (a)  Appellant Vineland Church applied for a sewer connection at its property at 1533 West Arrowhead Road; and

     (b)  The property is served by a sewer that was constructed by the city, but not assessed at that time; and

     (c)  Of the 300 feet of street frontage owned by the applicant, 100 feet has had the sewer paid for, so 200 feet remains to be paid by fees; and

     (d)  Using Although the standard fee schedule set by the council, the city set the fee as is at $90 per foot for the 200 feet, for a total of $18,000. The special assessment board has set the connection fee at $90 per front foot

, the council finds just evidence that would indicate the council will use the fee schedule when the construction actually occurred in 2002 and charge the previous rate of $44.50 per foot for a total of $8,900; and

     (e)  The applicant appealed the amount determined to the city council, which heard the matter on June 9, 2008.

     THEREFORE, BE IT RESOLVED, that, after appeal and hearing as provided for in City Code Section 43-56, the city council approves the amended amount of the connection fee and reverses the decision of which the special assessment board. determined and holds that the sewer The total connection fee owned to be paid by Vineyard Church for service at 1533 West Arrowhead Road is the amount of $18,000 $8,900, which may be paid as set out in City Code Section 43-56.

PW&U/ATTY BFB:nmj 6/11/2008

STATEMENT OF PURPOSE:  This resolution approves the amount of the connection fee as set in the approved fee schedule, which is the rate charged to all applicants. The fee is used to pay for the sewer, which cost was never assessed against the property. The city fronts the construction cost and recovers it by way of this fee when an owner connects to the sewer. The fee can be paid over time the same as an assessment. This particular fee has been paid, and the applicant seeks a refund. To grant a refund would be inconsistent with the treatment accorded every other owner who has connected to the sewer. Vineyard Church should receive a refund of $9,100 as they have already paid the $18,000 assessment.