§ 48-78. Economic development incentive.

(a)

Program established. In order to enhance economic development within the City, the City Council does hereby establish a program, as described herein, which is intended to provide a one-time waiver of water use charges to certain property owners and water users who elect to construct new facilities, renovate existing facilities or make use of vacant facilities, thereby contributing to the economic vitality of the City.

(b)

Waiver of water use charges. Notwithstanding any other provisions of the Code of Ordinances to the contrary, the City does hereby provide a waiver of all water use charges established pursuant to the provisions of sections 48-70, 48-74 and 48-75 for a period of up to one (1) year to those applicants qualified pursuant to subsection (c) of this section. Said waiver shall apply to the first four (4) quarterly billings generated immediately following the approval of any application filed hereunder.

(c)

Eligibility. In order to be eligible for the waiver established by this section, the applicant must be the owner or lessee of, or must be proposing to acquire an ownership or leasehold interest in, real property:

(1)

Upon which are to be constructed new facilities or improvements to existing facilities, which improvements have a value of not less than one hundred thousand dollars ($100,000.00), and which facilities are to be used for any of the purposes described in subsection (e) of this section; or

(2)

Upon which vacant facilities are located, which facilities are to be used for any of the purposes described in subsection (e) of this section. In order to qualify under this subsection, the applicant shall not have been served by the Danbury Public Water System within a period of one (1) year prior to the date of application hereunder, or if so, shall not within said period have terminated said service to another facility having equal or greater square footage.

(d)

Applications. All applications for waiver authorized hereunder shall be presented to the Director of the Danbury Department of Public Works on forms provided by the Department for that purpose. Applications shall include a description of the property to be served, a description of the improvements to be undertaken, if any, and if so, the estimated cost thereof, together with any other information deemed necessary by the Director.

(e)

Application to certain facilities. The waiver established in subsection (b) of this section shall not apply with respect to use charges generated by facilities described in subsection (c) of this section unless said facilities are for nonresidential use. For purposes of this section, the term "nonresidential use" may include mixed use structures which include one (1) or more residential dwellings. If at any time during which water use charges have been waived the facilities are converted to residential use, the waiver provided under this section shall automatically terminate.

(f)

Assignability of waiver. The waiver provided for hereunder may be assigned by the applicant, provided that the assignee could have qualified for benefits hereunder on the date of assignment if he had filed an application pursuant to the provisions of this section.

(g)

When applicant deemed served by public water system. For purposes of subsection (c)(2) of this section, an applicant shall be deemed to have been served by the Danbury Public Water System within a period of one (1) year prior to the date of application hereunder if:

(1)

The applicant is a person who, during said period, was an owner of or partner in any unincorporated business served by the Danbury Public Water System or who, during said period, owned fifty (50) percent or more of the stock of any corporation served by the Danbury Public Water System;

(2)

The applicant is a partnership or unincorporated business in which any owner or partner was, during said period, the owner of or partner in any unincorporated business served the Danbury Public Water System or in which any partner or owner owned, during said period, fifty (50) percent or more of the stock of any corporation served by the Danbury Public Water System; or

(3)

The applicant is a corporation in which the owner of fifty (50) percent or more of the stock was, during said period, the owner of fifty (50) percent or more of the stock of any corporation served by the Danbury Public Water System or was, during said period, the owner of or partner in any unincorporated business served by the Danbury Public Water System.

(h)

Interest. For purposes of the computation of the ownership of stock in any corporation or the interest in any partnership or unincorporated business under the provisions of this subsection, the interest of any person shall include:

(1)

Any beneficial interest held for the benefit of such person or for the benefit of any person of the type set forth herein, whether in trust or otherwise;

(2)

Any interest owned by the spouse of such person if the person and the spouse shall file a joint tax return for purposes of federal or state tax; or

(3)

Any interest owned by any person who the person shall claim as a dependent upon his federal or state tax return.

(i)

City determines terminated water service. The City shall determine whether or not an applicant shall be deemed to have terminated water service to another facility having equal or greater square footage within a period of one (1) year prior to the date of application hereunder because of the relationship between the applicant and any other partnership, corporation or other entity so terminating service. Said determination shall be made in the same manner as is provided in this subsection for determining whether the applicant shall be deemed to have been served within a period of one year because of any such relationship.

(j)

Information under oath for enforcement. The City may require of any applicant such information, under oath, as it deems necessary for purposes of enforcement of this subsection. To the extent permitted by law, such information shall not be disclosed except to the extent necessary for the determination, by the appropriate municipal authorities, of an applicant's compliance with the provisions hereof.

(Code 1961, § 21-50; Ord. No. 502, 5-2-1995)