§ 11-6-3. City participation.

(A)

Participation and reimbursement by the City in the cost of oversize water and wastewater mains.

1.

City participation policy. The City may participate with the developer in the reasonable construction costs of oversizing water or wastewater mains and appurtenances thereto in an amount not to exceed a maximum of 30 percent of the total construction costs of the public facilities set forth in the development agreement between the City and the developer. The developer initially shall be responsible for the entire cost of the oversize main. In the event that the City, in its sole discretion, determines to participate to an extent greater than 30 percent of total construction costs of the public facilities set forth in the development agreement between the City and the developer, in order to preserve the public health and safety, or to prevent confiscation of property, the developer shall be responsible for compliance with all competitive bidding procedures required by the City and V.T.C.A., Local Government Code ch. 252.

2.

No funds available. In no event may the City be required to participate in the costs of oversize mains pursuant to this Section if there are no funds available for such purposes. In the event that the City Council determines in its sole discretion that no funds are available for participation, the City may approve the development to be served by the mains only if the developer executes an agreement for construction of the necessary water or wastewater facilities pursuant to subsection 11-6-2(B).

3.

Participation and reimbursement requests. A request for city participation authorized by subsections 1 and 2 hereof shall be initiated through the submission of an application for participation by the developer. Such application shall be submitted on the form provided by the City prior to commencement of construction. The request for reimbursement shall be accompanied by as-built drawings showing the reimbursable items, a copy of the contractor's bid for construction, final payments with quantities, oversize calculations for all reimbursable items and a project location map.

4.

Oversize costs. If the request for city participation is approved by the City, following dedication and acceptance of a facility or appurtenances in which it has agreed to participate, the City shall refund the costs of oversizing such facility in accordance with the following procedures and standards:

(a)

Oversizing standards. The City shall pay only the difference in cost between an eight-inch water main or a ten-inch wastewater main and the main required by the City, as determined under subsection b hereof, up to the maximum amount agreed to by the City.

(b)

Oversize cost determination. The extent of the City's participation in the costs of oversized mains shall be determined in the following manner. Estimates of the actual construction costs, which are prepared by the developer's professional engineer, shall be submitted to the director for his review and approval. The approved estimates shall be set forth in the development agreement between the developer and the City, along with an estimate of the City's portion. However, the City's participation shall be based on actual construction costs, which shall be determined based on invoices or contracts for such construction. In no event shall the City's participation exceed the City's portion of the estimated construction costs set forth in the developer's agreement, or as may be subsequently amended.

5.

Reimbursement from other developments. The developer who has installed a water or wastewater main or mains shall be entitled to reimbursement from the proceeds of pro rata fees established for the main or mains serving other developments pursuant to Section 11-6-6 herein. The developer shall also be entitled to reimbursement from any lot or acreage fees which the City may hereafter impose on other developments to be served by the main or mains installed.

(Ord. No. 7015, 6-26-1990)