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In consideration for the agreement by the developer and/or owner of the land being developed to install utilities and/or streets to sizes and configurations in excess of the needs of the land being developed, as defined herein, the City shall share in the cost of the excess size and configuration of the utilities and/or streets as stipulated herein.
(a) A utility or street shall be considered excessive to needs of the land being developed when:
(1) The City specifically requires a size or configuration for the purpose of meeting the future needs of the City as provided for in approved systems studies or by ordinance.
(2) There is additional pavement width and depth and additional length of storm sewers and other improvements required for all thoroughfares.
(3) The City requests that a waterline be twelve inches in diameter or more when such size is not required to meet the needs of the land being developed.
(4) A sanitary sewer line is twelve inches in diameter or more unless this size is required for the land being developed by reason of grade or trench loading requirements of the land being developed or because of anticipated flow from the land being developed.
(5) Other conditions warrant cost sharing and such conditions are approved by Council.
(b) The City shall share in the cost of improvements by:
(1) Paying for the material costs only for the size difference of the waterline, sanitary sewer pipe and the appurtenances thereto between what is required for the land being developed and what is excessive to the needs of the land being developed.
(2) Paying for the materials F.O.B. the plant in the quantities necessary to equal the cost of providing the excessive pavement width and depth for all thoroughfares.
(3) Paying for the materials F.O.B. the plant, factory, supply depot or warehouse for such other improvements that are excessive to the land being developed as approved under subsection (a)(5) hereof.
(4) Paying a proportionate share of the engineering and design costs for preparing the construction plans for an improvement excessive to the needs of the land being developed when such excessive improvements eligible for cost share require more than oversizing of waterlines, sanitary sewer lines and appurtenances thereto or additional pavement width or depth.
(c) Nothing in this section shall be interpreted, read or construed to obligate the City for expenses incurred by the City, developer, owner, contractor, subcontractor or other persons because of:
(1) Equipment or labor cost due to the oversizing or increased depth of waterlines or sewers;
(2) Equipment, labor or material cost due to improperly and/or unacceptable installed improvements including the removal and replacement thereof; or
(3) Any improvements installed prior to the approval of the cost sharing by the City.
(d) Upon approval by Council of the Development Plan for the land being developed, the following procedure shall be followed:
(1) The City Engineer shall identify all improvements eligible for cost sharing;
(2) The Engineer shall estimate the cost of the City's portion of such improvements;
(3) An ordinance shall be submitted to Council for approval, appropriating funds to cover the City's portion;
(4) Upon completion and acceptance of the work and quantities thereof by the Engineer, the costs shall be certified to the Administrative Assistant by the Engineer.
(e) Failure of the developer or the owner of the land at the time of the improvements construction to provide the Engineer with copies of billings, invoices, contracts, agreements or such other evidence of costs as the Engineer deems necessary within six months of completion and acceptance of the improvements by the City shall constitute just cause to declare the City's agreement to cost share as provided herein null and void and no reimbursement shall be made or moneys paid without reapproval of Council.
(Ord. C60-74. Passed 9-16-74.)
(f) (EDITOR'S NOTE: Subsection 1101.11(f) was repealed by Ordinance C23-84, passed April 2, 1984.)