Wastewater Impact Fee Facility Improvements. Owner agrees to construct at Owner’s own cost and expense by Executive Order Construction and without reimbursement from the City the approximately 2,000 lineal feet of 10- to 12-inch wastewater mains which must be extended through the Highlands and bored under Highway 34 in order to provide wastewater collection service to the Property. The City and Owner acknowledge that the 10- and 12-inch wastewater mains will potentially sewer other properties that are not subject to this Agreement (collectively “Other Properties”). Notwithstanding the above, the Owner, as an inducement for the City to enter into this Agreement, has agreed to pay for the total cost of constructing said wastewater mains. However, in order to be fair, the City agrees, if permitted by law, to charge the owners of said Other Properties a fair share cost of the said 10- and 12-inch wastewater mains based upon a per acre formula or some other “fair share” formula approved by the City in order to permit said Other Properties to be zoned, annexed, or subdivided, and to be connected to said 10- and 12-inch wastewater mains at a cost roughly equivalent to that paid by Owner to sewer the Property on a per acre basis. If said connection is made within six year from the date of this Agreement, the City agrees to pay the amount of any connection fee so collected to Owner provided Owner constructed the 10- to 12-inch wastewater mains through the City’s competitive bidding process. Notwithstanding the above, Owner understands and agrees that the City cannot contract away its police powers and the legislative discretion and thus the duty of the City to use its best efforts to charge the owners of the Other Properties their fair share of the cost of constructing the 10- and 12-inch wastewater mains does not require the City Council for the City to adopt nor restrict the Council from adopting ordinances affecting the City’s ability to charge property owners for the right to connect to the City’s wastewater collection system. Owner further agrees that the City shall not be liable to Owner in the event of any failure on the part of the City by negligence or otherwise to collect all or any part of such connection fees.
