(A) In accordance with G.S. § 160A-499, this section gives the Board of Commissioners the authority to enter into reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the town's capital improvement plan. Further, this section sets forth the operations and terms under which the Board of Commissioners may approve and enter into such reimbursement agreements. For purposes of this section, municipal infrastructure includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curbs, gutters, sidewalks, traffic control devices, and other associated facilities.
(B) The Board Commissioners, or its assigned designee, shall be and is hereby authorized to negotiate municipal infrastructure reimbursement agreements with private developers and/or property owners pursuant to this section. Town approval for agreements under this section shall be governed by general town contracting authorizations and delegations.
(C) A municipal infrastructure reimbursement agreement approved by the Board of Commissioners shall require the private developer and/or property owner to comply with the requirements of G.S. §§ 143-129 and 143-128.2 which includes soliciting bids when awarding contracts for work that would have required competitive bidding if the contract had been awarded by the town.
(D) Nothing in this section shall be construed to conflict with the North Carolina General Statutes. In the event of an ambiguity or conflict between the two, the provisions of the North Carolina General Statutes shall prevail.
(E) This section shall not be interpreted to hold the town responsible for any defect of the private developer and/or the properly owner(s) or their legal representative's technical compliance with Article 8 of Chapter 143 of the North Carolina General Statutes.
(F) The town may provide for such reimbursements to be paid from any lawful source under G.S. § 160A-499.
(Ord. 2022-26, passed 11-18-2021)