§ 51.035 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 difference of the cost of construction to serve the area requesting service and the costs of future areas of construction for such to be served with the lines accommodating the increased volume. 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. 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 all lines on property being connected to and the cost of installing all lines between the property being developed and the existing lines of the city shall be borne by the owner, developer or party being so connected.
   (C)   Oversize 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 property being developed and the facilities of the city and which are so located as to serve other properties, but only to the extent of the extra cost incurred by installing lines larger than needed to serve the property developed;
      (2)   The cost of lines within property being developed which will serve other properties and are of a size in excess of six inches for water and eight inches for sewer, but only to the extent of the extra cost incurred by 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 oversize improvement costs set forth in items in divisions (C)(1) and (C)(2) above shall be made from water and/or sewer acreage charges collected by the city from properties initially or subsequently served by lines installed under a reimbursement agreement. Reimbursement costs due from acreage fees under an oversize improvements agreement shall be paid by the city to the developer within 30 days following the end of each quarter from any collections made during that quarter. 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.
(2009 Code, § 51.30) (Ord. passed 6-25-1991)