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The University of Tennessee
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This is what I would do about the extension where one developer is paying for the extension and does not like it because the other developer is allowed to tap the extended line free of charge.
I would require the first developer to pay for the line extension. Then I would calculate the number of lots that the second developer is likely to develop and divide that number into one half the cost of the extension. Whatever this amount is, I would apply it as a surcharge on each tap given
to the second developer. That way he would be paying one-half of the cost if the line extension. You cannot deny him the right to tap the line when it is installed. I am not aware of any law that would prohibit the city from doing this, and I have discussed it with Sid Hemsley, who said that in his opinion it would be legal.
This would allow the Town of Chapel Hill to receive all of the income to which it is entitled from tap fees.
Don J. Darden
MTAS Municipal Management Consultant
1-615-532-2588 (or mobile--931-273-2718)
e-mail dardend@tennessee.edu [3]
www.mtas.tennessee.edu [4]
Links:
[1] https://www.mtas.tennessee.edu/kb-authors/darden-don
[2] https://www.mtas.tennessee.edu/system/files/knowledgebase/original/Second%20Developer%20Tapping%20into%20Line%20Extension.pdf
[3] mailto:dardend@tennessee.edu
[4] http://www.mtas.tennessee.edu
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this website.
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