§ 53.08 OVERSIZED IMPROVEMENTS/REIMBURSEMENT.
   (A)   When it is in the best interest of the citizens of the city that oversized water and/or sewer lines be extended from the existing municipal system, the City Council may agree to pay the additional cost to construct oversized lines. If any oversized facility is feasible, then a reimbursement agreement shall be entered into between the city and each party installing water and/or sewer facilities. Only those water and sewer lines, fire hydrants, lift stations and pumping stations as may be expressly referred to and covered by a written contract between the party(ies) and the city shall be considered.
   (B)   The cost of installing lines served by the oversized lines or any other existing city lines shall be borne by the owner, developer or party being so connected.
   (C)   Oversized improvement costs subject to reimbursement shall be:
      (1)   The actual cost of water lines larger than six inches, sewer lines larger than eight inches, all approved fire hydrants, pumping stations and lift stations between the property being developed and the facilities of the city. The extent of the extra cost incurred by the city shall be only that incurred by installing lines larger than needed to serve the property developed;
      (2)   The cost of water lines larger than six inches and sewer lines larger than eight inches within the property being developed but which will serve other properties. However, the costs shall only be to the extent to cover the extra cost incurred from installing lines larger than needed to serve the property developed; and
      (3)   The proportionate cost of lines of any size to which direct service connections may be made to property other than that of the initial developer.
   (D)   All reimbursements for oversized improvement costs set forth in divisions (C)(1) and (C)(2) above, shall be made from water and/or sewer charges collected by the city from properties served by lines installed under a reimbursement agreement. Reimbursement costs shall be paid by the city to the developer no more than 30 days after the end of each quarter. The source of the payments shall be from fees received from oversized improvements. All reimbursement for costs for division (C)(3) above shall be made only from appropriate front foot charges.
   (E)   Only actual costs of the lines together with all necessary fire hydrants, pumping stations and lift stations shall be included in the calculations of costs subject to reimbursement. No interest on cost pending reimbursement shall be permitted.
   (F)   No reimbursement of any costs shall be made more than ten years after the day of acceptance by the city of the lines installed under an oversized improvement agreement.
   (G)   Acreage charges collected from properties served by lines installed under reimbursement agreement shall be applied so as to satisfy any claims under the different agreements in the order in which the agreements were executed.
(Prior Code, § 8-207) (Ord. O-72-99, passed 7-1-1999) Penalty, see § 10.99