§ 35.21.9. Oversize Participation by the City.

A.

The City reserves the right to require developers to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive Master Plans for these utility systems. The City shall participate in the cost of such required oversize facilities.

B.

A developer may elect to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive Master Plans for these utility systems. Any developer who elects to oversize such facilities shall be entitled to reimbursement for the cost of the oversizing pursuant to a pro-rata agreement in accordance with this Subchapter.

35.21.9.1. Basic Policy.

Oversized mains. The City may elect to participate in the oversizing of water and sewer mains, subject to fund availability and approval by the City Council. "Oversized mains" are defined as water mains over eight (8) inches and sewer mains over ten (10) inches which are required by the City for future system expansion and are not specifically required to provide service to the proposed development.

35.21.9.2. Administrative Procedure.

Prior to the beginning of construction of any facility for which the City is to participate in the cost thereof, the developer and City shall enter into a written participation agreement. The City shall approve all oversized utility contracts for such construction of utilities prior to their execution by the developer. The agreement shall be in a form approved by the City. In addition to such other terms as may be necessary to carry out the provisions of this section, the agreement shall provide that if construction of the facility does not commence within one (1) year of the date of the agreement, it shall terminate, unless a written extension thereof is approved by both parties. The Director of Water Utilities or his designee shall determine the appropriate level of cost participation by the City based upon the incremental cost between the developer required facilities and the City's requested oversized facilities. This cost determination shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's engineering staff. If the City cannot justify the costs involved in any such contract where City funds or pro rata repayment is involved, the City shall have the option and right to submit the project for sealed bids, and the developer shall pay his proportionate share of the acceptable low bid. Final approval of all oversize participation agreements between the City and the developer shall come from the City Council after recommendation from the Public Utilities Board unless the participation amount is less than the expenditure level authorized by the City Manager. Final payment to the developer for oversize participation by the City shall occur within sixty (60) days of final acceptance of the installed facilities.