§ 94-57. Betterment agreements and connection fees for water, sewer, electric and telecommunications facilities.  


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  • (a)

    The director is hereby authorized to enter into betterment agreements for the construction of water, sewer, electric and telecommunications facilities having excess capacity for future water, sewer, electric or telecommunications service to the area capable of being served by the facilities. All such agreements shall provide, at a minimum, that the construction of the facilities and betterments shall be according to the plans and specifications of the department of utilities, and that the amount of the funding of the betterment shall be fixed or determinable in proportion to the amount of the betterment.

    (b)

    The director is further authorized to impose a capital recovery fee for all future prospective users of water, sewer, electric and telecommunications facilities, whether constructed entirely by public funds or constructed pursuant to betterment agreements authorized by this section. The amount of the capital recovery fee shall be determined according to prudent utility practice then prevailing at the time of the requested use of the facilities, but such fee shall generally be determined according to the proportionate share of the demand to be placed upon such facilities by the prospective user of such facilities, as determined m the sole discretion of the department of utilities.

    (c)

    The city-parish president, the city-parish attorney, the director, and/or their respective designees, are hereby authorized and empowered to deny connections to water, sewer, electric or telecommunications facilities until the capital recovery fee authorized by this Section is paid, and to enforce and collect said capital recovery fee by any and all other lawful means, including, but not limited to, the disconnection of existing utility serv1ce.

(Ord. No. O-131-2015, § 2, 7-7-15)