Milpitas Municipal Code Art. VIII Reimbursement of Excess Costs

Excess costs shall equal the cost of the facilities which is the judgment of the City Council are not necessary to serve the property of installer. Excess costs shall be allowed in accordance with the resolution establishing excess costs.

The installer will be required to bear the full cost of any increase in the size of any facility to the extent that such increase in size is required simply and solely to service other lands owned or to be later developed by the same party or owners, or lands under control of the same corporate owners, in the same manner as if all the property were being developed at one and the same time.

(Ord. 208 (part), 6/17/80)

The installer shall be carried on said Reimbursement Account until one of the following shall first occur:

A. Reimbursement of an amount equal to reimbursement due.

B. The lapse of 15 years from date of entry of installer's name on the Reimbursement Account.

C. Withdrawal of said sewer lines, or of the property sewered thereby, from said City.

Upon occurrence of B above, City shall succeed to the reimbursement credit of the installer, and shall be entitled to all payments due thereof until the total excess cost therefor has been disbursed.

(Ord. 208 (part), 6/17/80)