The above acreage “availability contributions” shall be strictly non-refundable. If funds in addition to the “availability contributions” are necessary in order to extend the transmission line, oversize on-site systems, or to reinforce portions of the existing water distribution system in order to provide adequate water service to the owners of real estate within the service or sub-area, such additional funds advanced or contributed by the owners of real estate for the extension, reinforcing, and/or oversizing to meet the City's requirements, is refundable, without interest, but only from funds deposited at a future date by owners of real estate under such terms and conditions as the City shall, from time to time, set forth. The above described “additional funds” must be first deposited with the City, and be disbursed in the manner prescribed by the City of these funds are to qualify for refunding. In no event will any of the City water system revenues be used, committed or encumbered to repay any such funds advanced or contributed, nor will the City's General Funds be used, committed or encumbered to repay any such funds advanced or contributed, it being expressly declared that such repayment, if any, will be made under the provisions of and will be repaid only from funds deposited in the “Water Availability-Mains Fund,” on the basis of first in, first out, for each service area or sub-area. No provision of this division shall be construed as a guarantee by the City that the owners of real estate advancing funds will be fully reimbursed therefore.
(`91 Code, § 9-33) (Ord. A-54, § 4.03 (d), 1-4-82; Ord. A-71, 3-15-93)