§ 78-253. Contingent refund contracts when city funds not available.
(a)
Generally. It is intended that water system improvements constructed under this article will be financed from any revenue bond fund of the water services department or from other funds of the water services department, if available. When sufficient funds are in the discretion of the director of the water services department not available to finance construction of improvements under this article, the council may authorize the director of the water services department to enter into a contingent refund contract with an individual, firm or corporation, whereby funds are advanced to the water services department to support construction of a specific project, and whereby refunds will be made from assessments collected, pursuant to this section.
(b)
Applicability of special assessment procedures. Projects funded under this section shall originate and comply in all respects to the procedures set out in sections 78-241 to 78-252, inclusive.
(c)
Method of refund. All funds, principal and interest, actually collected pursuant to this section shall be segregated into a special account, and refund payment shall be made from such account annually over the period of time stipulated in the contract. Such refund shall be limited to the amount of all assessments and interest actually collected during the year.
(d)
Contract provisions. Such contracts shall provide that:
(1)
The individual, firm or corporation shall pay the whole cost of such proposed project, exclusive of the cost of mains over 12 inches in diameter.
(2)
The city shall collect the delinquent assessments pursuant to this section before permitting a connection to be made to the line, serving the property for which the payment is delinquent.
(3)
Such assessments which are collected during the period of time specified in section 2-1721(2) shall be paid over annually to such individual, firm or corporation as reimbursement for monies advanced for construction.
(Ord. No. 120551, § 1, 6-28-12; Ord. No. 130937 , § 11, 12-19-13