§ 25-9-326. INSTALLMENT PAYMENT OF IMPACT FEE.

(A)

The director of the Water and Wastewater Utility may allow an applicant to make installment payments of an impact fee in accordance with this section.

(B)

The applicant must make written application for approval to make payment of an impact fee on an installment basis on a form promulgated for this purpose by the director of the Water and Wastewater Utility.

(C)

The applicant must be:

(1)

the owner of a single family residence occupied by the applicant as a homestead; or

(2)

a community garden that is not a qualified community garden.

(D)

The applicant must demonstrate that the payment of the full amount of the impact fee at the time the tap permit is approved will cause the applicant undue financial hardship in accordance with standards promulgated by the director of the Water and Wastewater Utility.

(E)

The property for which connection is sought:

(1)

may not be used for a commercial or industrial purpose;

(2)

must be within the City's impact fee service area; and

(3)

must be a legal lot in compliance with applicable state law and local subdivision requirements.

(F)

An applicant who is eligible under this section to pay an impact fee on an installment basis shall:

(1)

pay a minimum of 10 percent of the applicable impact fee and all connection fees at the time the tap permit is approved; and

(2)

execute an installment payment agreement on a form promulgated by the director of the Water and Wastewater Utility and approved by the city attorney which must contain, at a minimum, the following provisions:

(a)

the written promise of the applicant to pay the balance of the impact fee owed in equal annual installments over a payment term not to exceed five years at an interest rate of seven percent with each installment due and payable on the anniversary date of the approval of the tap permit until paid;

(b)

terms and conditions as the city attorney shall deem favorable, necessary, or required to enforce the agreement in the event of a default, including the right to accelerate the balance due under the contract and require immediate payment of the full remaining balance, to disconnect service upon default, to file a utility lien against the property and enforce the terms of the lien according to law, to file suit to collect the remaining balance together with interest and reasonable attorney's fees; and

(c)

other provisions the city attorney considers necessary to document the transaction, protect the interests of the City, and comply with applicable law.

Source: Section 13-3A-9(d) - (f); Ord. 990225-70; Ord. 031211-11.