§ 6-1-101. Infrastructure reimbursement agreements.

(a)

Pursuant to G.S. 160A-499, this section authorizes and sets forth the procedures and terms under which the city may approve reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the city's capital improvement plan and serves the developer or property owner. For the purpose of this section, municipal infrastructure includes, but is not limited to, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities.

(b)

The city manager, or designee, is authorized to negotiate municipal infrastructure reimbursement agreements with private developers and property owners pursuant to this section. In negotiating such agreements, the city manager, or designee, shall determine that either:

(1)

The cost to the city will not exceed the estimated cost of providing for the municipal infrastructure through either eligible force account qualified labor or through a public contract awarded pursuant to G.S. 143-128 et seq., or

(2)

The coordination of separately constructed municipal infrastructure with the associated private development would be impracticable.

(c)

City approval authority for agreements under this section shall be governed by general city contracting authorizations and delegations.

(d)

Reimbursements under this article, if any, may be paid from any lawful source if approved by the city council.

(e)

A municipal infrastructure reimbursement agreement approved pursuant to this section shall not be subject to G.S. Ch. 143, Art. 8, unless the award of a contract for work would have required competitive bidding if the contract had been awarded by the city. If the city would have been required to follow G.S. Ch. 143, Art. 8, then the developer or property owner is required to comply with the requirements of G.S. Ch. 143, Art. 8.

(f)

A municipal infrastructure reimbursement agreement approved pursuant to this section shall require the private developer or property owner party to comply with all of the city's rules, regulations and ordinances and be current on all debts, fees or taxes owed to the city.

(Ord. No. 6990/13-22, 5-6-13)