In consideration for the agreement by the owner/developer 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, 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 any of the following conditions exist:
(1) The city specifically requires a greater width, size or configuration of street for the purpose of meeting the future needs of the city as provided for a comprehensive or thoroughfare plan or similar study as adopted by City Council;
(2) There is additional pavement width and depth and/or additional length of storm sewers and other improvements required for all thoroughfares;
(3) The city requests that a water line be more than eight inches in diameter, when such size is not required to meet the needs of the land being developed;
(4) A sanitary sewer line is more than ten inches in diameter, 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 sewerage flows from the land being developed; or
(5) Other conditions warrant cost sharing and such conditions are approved by City Council.
(B) The city shall share in the cost of improvements by:
(1) Paying for all 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; and
(2) Paying for all materials F.O.B. the plant, factory, supply depot or warehouse for such other improvements that are excessive to the land being developed.
(C) Nothing in this section shall be interpreted, read or construed to obligate the city for expenses incurred by the owner, developer, 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 Planning and Zoning Board of the preliminary plat for the land being developed, the following procedure shall be followed:
(1) The City Engineer shall identify all improvements eligible for cost sharing and shall estimate the cost of the city’s portion of such improvements;
(2) If applicable, an ordinance shall be submitted to Council for approval, appropriating funds to cover the city’s portion; and
(3) Upon completion and acceptance of the work and quantities thereof by the City Engineer, the costs shall be certified to the chief fiscal officer of the city.
(E) Failure of the owner/developer of the land to provide the city with copies of billings, invoices, contracts, agreements or such other evidence of construction 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 re-approval by Council.
(2003 Code, § 153.467) (Ord. 3459, § 36.03, passed 3-7-2002)