5/14/1991 - Laserfiche WebLink

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MAX 14 1991 PUO'; you are paying into an escrow fund, that is money sitting out there anticipating that when you do connect, you will have to look at the value of that fund versus what your new capacity will cost at time of connection. Director Pinto wished to make one thing very clear and that was that from the day he came here, he wanted to take that developer to court to get this cleared up. The amount of that impact fee going into the escrow fund was really meaningless, and he asked that we go to court immediately to determine that the developer has to pay the current impact fee at the time he connects. His ability to pass through or not pass through is something we can't be involved in. When it comes time to connect, we have an impact fee and the determination has to be made, not as to whether we shouldn't charge this developer or this development an impact fee, but as to whether we should cause that cost to be passed on to other customers. Chairman Bird noted that Director Pinto's position then is that the amount of monies that were required as we escalated through those ordinances went into an escrow fund to be held aside and later applied against whatever the impact fee was at the time that the unit was connected to the system. Director Pinto stated that the franchise was very clear in that area - that it had to be "financially feasible" and was to be paid by the developer. Mr. Pinto continued to stress that his insistence always has been to go to court and get this straightened, and he stated that Mr. Scurlock is absolutely correct that Mr. Nelson came here and said No, we don't want to stop this sale; we want to figure out some way to make the payment of these impact fees acceptable; and, therefore, to try to appease the people, we tried to figure out a way these could be paid over time because we all realized they have to be paid. Mr. Pinto further stated that he could not in clear conscience recommend spreading this cost to other people on the system who have no part of this. Glenn Baldwin, Countryside resident, was -.concerned that Mr. Chandler talked about putting these impact fees into an escrow account, but Director Pinto says if these fees go into an escrow account, then we are not vested. Administrator Chandler advised there is a distinct differ- ence between the structure of the ordinances in 1980 and those adopted in 1984 and 1985. The 184/85 ordinances were adopted based on a specific study done on impact fees, and that is why with impact fees collected since that point in time, a person is vested at the particular rate and time when they pay it. 22