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App. 2.11.  Reimbursement of developers for design and construction of public infrastructure.
   (a)   The Town of Cary may enter into reimbursement agreements with private developers and property owners for the design and construction of public infrastructure that is included on the Town's Capital Improvement Plan and serves the developer or property owner. For the purpose of this section, public infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities.
   (b)   The Town of Cary shall enact ordinances setting forth procedures and terms under which such agreements may be approved.
   (c)   The Town of Cary may provide for such reimbursements to be paid from any lawful source.
   (d)   No reimbursement pursuant to an agreement authorized by this section shall be deemed to be construction subject to Article 8 of Chapter 143 of the North Carolina General Statutes (G.S. 143-48 et seq.) or to be deemed to be a violation or evasion of any provision of said Article. Notwithstanding the foregoing provisions of this subsection, a construction contract subject to a reimbursement agreement authorized by this section shall not be awarded by a developer or property owner who is a party to such reimbursement agreement without complying with the requirements of G.S. 143-129 and G.S. 143-128.2 relating to public advertising and bid opening requirements which would be applicable if the construction contract had been awarded by the Town of Cary.
(N.C.S.L. Ch. 2005-41; Ord. No. 06-001, § 13, 2-9-2006)