Sec. 7-490. Imposition and collection of facility charges.
Sec. 7-490. Imposition and collection of facility charges. (a) A municipality shall
have the power to charge and collect facility charges. Such facility charges may be
charged to and collected from any governmental unit or sponsor and such governmental
unit or sponsor shall be liable for and shall pay such facility charges to the municipality
at the time when and place where such charges become due and payable. No governmental unit shall be required to pay any facility charges unless such governmental unit has
agreed to pay such charges. Facility charges payable by a governmental unit subject to
the limitations on indebtedness provided in subsection (b) of section 7-374 shall not be
included in any calculation of debt of such governmental unit subject to such limitation,
and agreements to pay facility charges may be entered into by any governmental unit
notwithstanding any statutory debt limitations, including any limitation on indebtedness
provided in said subsection (b) of section 7-374.
(b) The facility charges fixed, charged and collected by a municipality with respect
to any such development property shall comply with the terms of any lease or other
agreement of the municipality with regard to such development property and, subject
to the provisions of any contract with noteholders or bondholders and any such lease
or other agreement, the facility charges fixed, charged and collected by the municipality
may be increased or decreased by the amount of increase or decrease of the expenses
of the municipality attributable to the development property for which facility charges
are made. Such expenses may include, but not be limited to, operating expenses and
expenses of maintenance, insurance, improvements, replacements, reconstruction and
any other payments, amounts necessary to pay the principal of and interest or redemption
price on any bonds or notes, and amounts necessary to maintain such reserves as may
be required by the terms of any lease or other agreement of the municipality or as may
be deemed necessary or convenient and desirable by the municipality.
(July Sp. Sess. P.A. 75-2, S. 11, 25.)