Sec. 25-260. - Cost of constructing improvements.
(a) The subdivider shall bear the total cost of constructing or installing streets, alleys, curbs and gutters, sanitary sewers and water distribution systems, including fire hydrants, within the limits of the subdivision. However, if the City shall contract with the subdivider with regard to any of the following, the cost of such shall be borne as set out:
(1) For streets in excess of 66 feet in width, the City will pay the additional cost as determined by the Director of Public Works.
(2) For alleys in excess of 20 feet in width, the City will pay the additional cost as determined by the Director of Public Works.
(3) For sanitary sewers of a larger size than the standard size as required for the proposed development within the limits of the subdivision, the City will pay the additional cost of sewers larger than such standard size as determined by the Director of Public Works.
(4) For water mains larger than the standard size as would be required for the proposed development within the limits of the subdivision, the City will pay the additional cost for water mains in excess of such standard size as determined by the Director of Public Utilities.
(b) The City shall bear the total cost of constructing or installing stormwater sewers, drains or other drainage facilities; street name signs; and that portion of the cost of streetlights which may exceed any allowance made by the utility company, provided funds for such extensions and improvements are available for such purposes.
(c) When conditions require the extension of a street, alley, curb and gutter, sanitary sewer or water main or any of them from such existing improvements to the outer limits of the subdivision, the developer may construct the extensions at the developer's entire cost or may, provided funds for the City's portion of such cost are available, enter into a written contract with the City providing for the following:
(1) The developer shall pay the City the estimated cost of standard size facilities required to serve the subdivision.
(2) The City shall construct the extensions and shall pay the cost of the sizes in excess of standard size as determined in Subsection (a) of this section.
(3) Upon the completion of such work, if it is determined that the estimated cost paid by the developer to the City exceeds the actual cost chargeable to the developer, the City will refund such excess payment to the owner; if it is found that the estimated cost paid by the developer is less than the actual cost chargeable to the developer, the developer will pay such deficit to the City.
(4) During the period of ten years following the signing of the contract, the City will refund to the developer an amount equal to the actual cost of extending 50 feet of sanitary sewer for each service connection to the sewer extension, and the City will refund to the developer an amount equal to the actual cost in extending 50 feet of water main for each water service connection made to the water main extension. No refund shall be made in excess of the sum paid to the City for the extension of the sanitary sewer or for the water main.
(Code 1993, § 26-68; Code 2004, § 94-218; Code 2015, § 25-260; Code 2020, § 25-260)