Laserfiche WebLink
If an applicant for a main extension contract who is asked to contribute the facilities believes such a <br /> request to be unreasonable, such applicant may refer the matter to the Comnission for determination, as <br /> proved for in Section A.8. of this rule. <br /> 2. Refunds <br /> a. The amount advanced under Section C.1.a., C.1.b., and C.1.c. shall be subject to refund by the utility, <br /> in cash, without interest, to the party or parties entitled thereto as set forth in the following two <br /> paragraphs. The total amount so refunded shall not exceed the total of the amount advanced and for a <br /> period not to exceed 40 years after the date of the contract. <br /> b. Payment of refunds shall be made not later than June 30 of each year, begi m ing the year following <br /> execution of contract, or not later than 6 months after the contract anniversary date if on an <br /> anniversary date basis. <br /> c. Whenever costs of main extensions and/or special facilities have been advanced pursuant to Section <br /> C.1.a., C.1.b., or C.l.c., the utility shall annually refund to the contract holders an amount equal to <br /> 2'h percent of the advances until the principal amounts of the contracts have been fully repaid. <br /> Whenever costs of special facilities have been advanced pursuant to Section C.1.b. or C.1.c., thA amount <br /> so advanced shall be divided by the number of lots (or Living units, whichever is greater) which the <br /> special facilities are designed to serve, to obtain an average advance per lot (or living unit) for <br /> special facilities. When another builder applies for a main extension to serve any lots for which the <br /> special facilities are to be used, the new applicant shall, in addition to the costs of his proposed main <br /> extension, also advance an amount for special facilities. This amount shall be the average advance per <br /> lot for special facilities for each lot to be used less 21h percent of the average advance for each year <br /> in which refunds have been due and payable on the original contract, prorated to June 30 on a monthly <br /> basis. <br /> The amount advanced to the utility by the new applicant shall be immediately refunded to the holder of <br /> the original contract, which included the cost of the special facilities, and the original contract <br /> advance will be reduced accordingly. The utility will thenceforth refund 2'h percent annually on each of <br /> the contract amounts, as determined above, to the holders of the contracts. <br /> Advances and refunds based on additional builder participation will be determined in a similar manner. <br /> In no case shall the refund on any contract exceed the amount advanced. <br /> d. With respect to a contract entered into before the effective date of this tariff sheet if, at any time <br /> during the 20-year refund period, 80 percent of the bona fide customers for which the extension or <br /> special facilities were designed are being served therefrom, the utility may, with the approval of the <br /> contract holder, modify the contract so that the utility shall become obligated to pay, in cash, any <br /> balance which may remain unrefuided at the end of said 20-year period. Such balance shall be refunded in <br /> five equal annual installments, payable beginning 21 years after the date of the contract. <br /> 3. Termination of Main Extension Contracts <br /> a. Any contract whose refunds are based on a percentage of the amount advanced may be purchased by the <br /> utility and terminated provided that the terns are mutually agreed to by the parties or their assignees <br /> and Section C.3.c. and Section C.3.d. are complied with. The maximum price that may be paid by the <br /> utility to terminate a Contract shall be calculated by multiplying the remaining unrefunded contract <br /> balance times the appropriate termination factor set out below. No contract that has been in effect for <br /> Less than 10 years shall be terminated without prior Commission approval. <br /> 5. <br />