12-5-10: IN TOWN RATES AUTHORIZED FOR CERTAIN OUT OF TOWN DEVELOPMENTS:
A. Notwithstanding anything contained in this chapter to the contrary, the town council may, upon request, authorize the payment of connection fees, PIFs, base water user fees and/or excess use charges ("fees, charges and rates") at the in town rate for the following types of out of town developments:
1. A development constructed by a governmental entity;
2. A development, the primary purpose of which is determined by the town council to provide low or moderately priced housing for residents of Summit County;
3. A development, other than those enumerated above, which the town council determines will provide a substantial public benefit; or
4. A development which is located on federally owned land if the owner of such development contractually obligates such owner to pay to the town amounts equal to the taxes and fees which the town would have collected had the subject property actually been annexed to the town.
B. A request for in town fees, charges and rates shall be made prior to the physical connection of the development to the town's water system.
C. Approval of in town fees, charges and rates shall be contained in an out of town water service contract executed by the town manager pursuant to section 12-5-3 of this chapter. (Ord. 9, Series 2001)