(a) Future developer or owner Initial developer or owner
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context indicates a different meaning:
means that person who owns or develops property that is adjacent, abutting and contiguous to property upon which the initial developer or owner has constructed at his expense utility lines, paved streets, curbing and guttering.
means that person who is responsible for the initial cost of utility lines, street paving, curbing and guttering.
(b)
Reimbursement authorized; conditions.
Any initial owner or developer of property within the city who hereafter installs utility lines, sewer lines and paved streets that are immediately adjacent to, abutting, contiguous to, parallel to and fronting on the boundaries of his property shall be entitled to reimbursement from the adjacent, abutting, contiguous, parallel and frontage property owner prior to the city approving any plat for development of the land and allowing any such owner of adjacent, abutting, contiguous, and frontage property to tie onto or to obtain utility services from such utility lines that are adjacent, abutting, and contiguous to the parallel utility lines, sewer lines or paved streets, subject to and in accordance with the following:
(1)
The owner of the adjacent, contiguous and abutting property desiring to plat and develop his property and to tie onto the lateral lines that are parallel to and immediately adjacent to his property shall be required to reimburse the owner and developer who initially installed and constructed the utility lines, sewer lines, curbing, and gutters and paved such streets a percentage of the initial contract cost of installing the utility lines, sewer lines, curbs, and gutters and paving the streets, determined according to the following schedule:
REIMBURSEMENT PAYMENT OF INITIAL DEVELOPMENT PER FRONT FOOT | |
|---|---|
Year After Approval of Payment of Final Initial Contract Cost | Percentage of Initial Contract Cost to be Reimbursed |
1 year | 50% |
2 years | 45% |
3 years | 40% |
4 years | 35% |
5 years | 30% |
6 years | 25% |
7 years | 20% |
8 years | 15% |
9 years | 10% |
10 years | 5% |
Thereafter | 0% |
(2)
The reimbursement shall be on a per footage basis, based on the actual contract costs as set forth and determined only by the per footage cost of the adjacent, contiguous, abutting and fronting utilities, sewer lines or street pavement contract bids received and let by the city, and no other cost or other expenses shall be included therein.
(3)
The payment and reimbursement of the percentage of the development cost of such streets will be paid by the future developer or owner through and to the city for reimbursement and payment to the initial developer or initial owner who installed the utility lines and sewer lines and paved the streets at his expense.
(4)
Any future owner or developer of property adjacent to, abutting, contiguous to and fronting on the property and utility lines, sewer lines, and pavement installed by the initial owner or developer shall be required to tie onto and utilize the utility lines or sewer lines of the initial developer or owner.
(c)
Determination of amount.
The determination of the total amount of reimbursement and contribution due from the future developer and owner to the initial developer and owner shall be determined by the per footage of the future owner and developer’s property that fronts on and is abutting, adjacent and contiguous to that property of the initial owner and developer, in accordance with the schedule in subsection (b)(1) of this section and the time that has lapsed after approval of final payment, with application of per frontage foot costs as determined by the contractor’s bids and costs submitted to the city. The initial owner and developer will not be entitled to any reimbursement for any property of the future developer or owner that is not adjacent, abutting and contiguous to the property of the initial owner and developer.
(d)
Application for reimbursement.
(1)
Any developer desiring to take advantage of the reimbursement privileges granted under this section must notify the city in writing, not later than the date of final acceptance of, approval of and final payment for the project by the city, of his application for reimbursement. The application for reimbursement shall include the following:
(A)
Acknowledgment of the provisions and requirements of this section.
(B)
Agreement of the amount to be applicable for reimbursement and that the initial developer as a condition of the application agrees to hold the city harmless for any costs, damages, claims or causes of action that the city may incur or that may be related to the reimbursement of any funds to the developer under the provisions of this section.
(2)
Failure of the application to be timely filed or failure of the applicant to include therein any of the items required by this subsection shall be grounds for denial by the city of the right to reimbursement due the initial developer or owner.
(e)
Transfer of rights; expiration of rights.
Any rights of the initial developer to reimbursement under the provisions of this section shall not be transferable or assignable except upon written application approved by the city commission. The initial developer’s rights to reimbursement under this section shall be good for a period of ten years from the date the city commission approves the final payment for the initial costs of the improvements in accordance with the schedule set forth in subsection (b)(1) of this section, and shall terminate at the expiration of the ten-year period.
(f)
Adjustments.
The city commission shall have the authority to determine and adjust the reimbursement and contribution due from the future developer and owner to the initial developer and owner, and upon the majority vote of the city commission approving the amount of reimbursement due from the future developer and owner to the initial developer and owner, the parties shall be bound thereby and any further remedies or reimbursements due between them shall be determined independently by the parties and without any further liability and responsibility of the city or its officials.
(1967 Code, sec. 29-7; 2008 Code, sec. 74-2)