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install a Sewer Improvement for the Property Owner's benefit, as well as the benefit of Future Users. (a) Application. The Property Owner shall l submit an application for a Sewer Improvement to be constructed with engineered plans to the Town indicating the size, capacity, length and estimated cost of the proposed Sewer Improvement, as well as the proposed Future Users. (b) Engineer Review. The City Engineer shall review the application and recommend to the Council the appropriate size, capacity, length and reasonable cost of the proposed Sewer Improvement, as well as the appropriate proposed Future Users. (c) Council Decision. If the Council approves the proposed Sewer Improvement, the Property Owner shall procure encroachment and excavation permits from the Town in order to perform work within the Town's right of way or public easement. (d) Reimbursement. If the Council approves reimbursement of the costs of the Sewer Improvement by Future Users,,the Town shall enter into a reimbursement agreement with the Property Owner, which agreement shall be approved by the Council by resolution. Sec. 6-4.503. Reimbursement Agreement. (a) If the Town enters into a reimbursement agreement with the Property Owner to reimburse the Property Owner for the cost of the Sewer Improvement, the Property Owner shall construct or cause to be constructed the Sewer Improvement pursuant to encroachment and excavation permits, bearing the entire cost of the Sewer Improvement, including, without limitation, design, engineering, construction, review and inspection costs and Town fees. (b) The reimbursement agreement shall calculate the division of such costs among the Property Owner and Future Users, provided that no cost of administration or management undertaken by a Property Owner and no cost of improvements outside a public right of way or public easement shall be included. (c) The Town shall, pursuant to the reimbursement agreement, collect from Future Users who wish to benefit from the Sewer Improvement or who are required, as a condition of approval,to use the Sewer Improvement, their proportionate share of the Sewer Improvement and reimburse the Property Owner those costs of the Sewer Improvement that are attributable to the benefit of the Future Users and levy a charge on the Future Users to reimburse the Town for such cost. (d) In no event shall a reimbursement agreement extend beyond fifteen (15) years and in no event shall the Town be liable to a Property Owner for the failure to collect reimbursement costs. 2 N:\DATA\Clients\L\LAH\Ord\reimbursement.ord