§ 110-264. Conditional precedent factors.

The following factors shall be found by the board of county commissioners as an absolute condition precedent to the applicability of the alternative provisions of this subdivision:

(1)

The public utility must be an independent utility as defined in section 110-263.

(2)

The final executed contract shall specify in detail all contributions or considerations received by the public utility for the establishment and construction or substantial alteration, improvement or expansion of the water and sewerage system or facility. For the purposes of this subdivision, such contributions and considerations shall be designated contractual contribution, which shall be defined as contributions from developers or landowners, contributions for treatment capacity from any source, and contributions in aid of construction, irrespective of the source or form of such contributions. The term "contractual contribution" shall include anything of value owned by the public utility, used and useful in serving the public, that does not represent an investment cost as defined in section 110-203.

(3)

The contract shall be final in all respects, except that it may be conditional upon the approval of the board of county commissioners as specified in section 110-265. The contract shall also specify the method or manner, if any, of reimbursement of such contractual contribution to the developer or landowner.

(4)

The final executed contract shall specify the amount and type of connection charge that the public utility is permitted to charge the utility customer, and the connection charge shall in no event exceed the actual cost of such connection to the public utility. The final executed contract shall include all other charges, bills or fees, not including service rates, that may be charged the customer of the public utility. The charges, bills or fees shall not exceed the actual cost to the public utility of the particular service to the customer. No other charges, bills or fees, not including service rates, may be used by the public utility without prior approval by the board.

(5)

All contractual contributions shall be specified in the final executed contract whatever the form or type of such contribution or consideration. A statement, under oath, shall be filed by the managing officer of the developer and public utility certifying that the contractual contributions specified in the filed final executed contract constitutes all contributions and considerations received by the public utility as those terms are defined in this division.

(Code 1979, § 23-103)