§ 98-382. Construction of approach mains.

If the city engineer should determine that utility service to a proposed development is not available at the present time, the developer will be so advised in writing. In this situation, the developer must select among the following alternatives:

(1)

Discontinue his proposed development until such time as a utility system has been installed within the drainage basin or service area;

(2)

Petition the city council to expedite the construction of a utility system capable of serving the proposed development; or

(3)

Install the necessary utilities to the point necessary to serve the development. The developer will be responsible for all costs associated with the installation of necessary utilities, including but not limited to engineering, attorneys' fees, surveying, testing, easement preparation, easement acquisition, construction and inspection. The public utilities will be designed and constructed to city standards and specifications as the city engineer determines to be applicable. The developer may install the public utilities himself or may contract with the city to secure construction of the utilities by the city. All financial arrangements, including any necessary bonding, shall be completed prior to the execution of a developer agreement. In the event that a developer elects to pursue this alternative, he will be eligible to receive a pro rata reimbursement, for a period of ten years from the execution of the pro rata agreement, from future developers who tie into these specific utilities.

(Ord. No. O-98-004-11, § 1(21-176), 1-26-98)