means the person or entity which constructs a public improvement.
means a sewer line, water line, street section, drain line,
or other physical improvement constructed in the public right-of-way
or on other public property dedicated and accepted for public use.
(Ord. 3367 § 2, 1998)
Upon written request by a developer and after a public hearing,
the City Engineer may enter into a reimbursement agreement in accordance
with this chapter with a developer who constructs an improvement which
the City Engineer determines will also provide a benefit to other
properties.
In order to be eligible for a reimbursement agreement for the
construction of a public improvement, the developer must submit a
detailed breakdown of the actual costs of constructing the improvements
no later than 60 days after the public improvement are dedicated and
accepted for public use.
(Ord. 3824 § 3, 2007)
Before entering into a reimbursement agreement, the City Engineer
shall determine:
(A)
The actual cost of constructing the improvements;
(B)
The identity of each parcel which will contribute to the need for
the improvement; and
(C)
A formula for establishing the fee to be imposed on each parcel identified
as having a reasonable relationship to the need for the public improvement.
(Ord. 3367 § 2, 1998)
A reimbursement agreement shall include the following provisions:
(A)
The portion of the cost of the improvement to be reimbursed;
(B)
The name and address of the developer to be reimbursed;
(C)
Identification of the parcels which will contribute to the need for
the improvement;
(D)
A formula for establishing an equitable fee to be charged each parcel,
including an appropriate amount, not to exceed 10 percent, to reimburse
the City for administering the agreement;
(E)
The City's obligation to pay to the developer all fees collected less the amount to reimburse the City for administering the agreement as described in subsection (D);
(F)
A release of the City's liability for failing to collect fees upon
subsequent development of identified parcels or upon beneficial use
of the improvement by identified parcels; and
(G)
A term of 10 years or, upon request, up to two additional terms of
10 years each.
(Ord. 3367 § 2, 1998)
The reimbursement agreement and any extensions may be recorded.
(Ord. 3367 § 2, 1998; Ord. 3565 § 1, 2002)
Before executing a reimbursement agreement, the City Engineer
shall conduct a public hearing regarding the proposed agreement. The
City Engineer shall give 15 days written notice of the hearing to
the record owner (as shown on the County Assessor's real property
assessment rolls) of each parcel which has a reasonable relationship
to the need for the improvement. The notice shall identify the nature
of the improvement, specify the proposed development fees to be charged,
the length of the agreement, and the reasonable relationship between
the need for the public improvement and each parcel.
(Ord. 3367 § 2, 1998)
Each owner of a parcel identified in the reimbursement agreement as required by Section 21-10.040(C) shall pay the required fee prior to final inspection of the property or prior to other beneficial use of the improvement.
(Ord. 3367 § 2, 1998; Ord. 3995 § 21, 2012)
The reimbursement provisions of existing sewer main or water
main extension agreements shall remain in effect.
Extension agreements shall expire 10 years after the sewer or
water main is accepted by the City. Upon request, the term may be
extended to two additional terms of 10 years each by the Board of
Public Utilities.
The reimbursement fee for extension agreements shall be $15.00
per front foot for water and $18.00 per front foot for sewer. Reimbursable
quantities are determined by the Director of Utilities/City Engineer.
(Ord. 3367 § 2, 1998)
