The purpose of this section is to establish the city's regulations and procedures for supplemental public improvement reimbursements.
(Ord. 91-9 § 3)
Improvements to be installed by the subdivider or land developer for any parcel or parcels of property for the benefit of the subdivision or single parcel to be developed shall contain supplemental size, capacity, number and length for the benefit of property not within the subdivision or single parcel to be developed as determined to be necessary by the city engineer. Such improvements shall be dedicated to the public.
(Ord. 91-9 § 3)
When a subdivider or land developer is required to provide supplemental size, capacity, number or length in excess of the construction required for the subdivision or single parcel to be developed, under the provisions of this chapter, the city shall, upon recommendation of the city engineer and approval of the city council, enter into an agreement with the subdivider or land developer to reimburse the subdivider or land developer for the portion of the cost of such improvements, equal to the difference between the amount it would have cost the subdivider or land developer to install such improvements to serve the subdivision, or parcel(s) of land to be developed only, and the actual cost of such improvements to include the payment of interest, as determined by the city. The reimbursement agreement shall contain at least the provisions specified in this chapter.
(Ord. 91-9 § 3)
A.
The reimbursement agreement shall be prepared by the city attorney, and shall include:
1.
City shall be obligated to make reimbursements to subdivider or land developer only when and as city obtains funds from benefiting property owners as such benefiting property owners eventually improve their property;
2.
Any funds paid by benefiting property owners to the city need not be paid over to the subdivider or land developer until the limitations period for instituting court action to seek a refund of such funds paid under protests has passed, and no court action has been instituted; in the event court action is instituted, city shall not pay over such funds to the subdivider or land developer until the court action has been finalized and the authority of the city to collect such charges has been sustained.
3.
The city shall have the right to turn over the defense of any action seeking refund of amounts paid under protest to the subdivider or land developer; if the subdivider or land developer fails to undertake the defense of the action at subdivider's own expense, the city may stipulate to return of the funds so paid under protest by or on behalf of the owner or owners of such benefiting property, and the city shall not be further obligated to subdivider or land developer as to any such funds so refunded. In the event a court action is maintained to prevent the city from collecting such funds from benefiting property owners, the city shall have the right to turn over defense of that action to the subdivider or land developer, who shall agree to hold the city harmless from any and all liability thereunder; in the event the subdivider or land developer fails to undertake defense of the action at subdivider's or land developer's sole expense, the city may stipulate to cease collecting such funds, or enter into any other settlement of the litigation acceptable to the city, and subdivider or land developer shall lose any right to reimbursement under the reimbursement agreement;
4.
The reimbursement agreement shall provide for reimbursement of all funds when and so collected unless the council otherwise determines. Under no circumstances shall the city be deemed liable for any funds not so collected from benefiting property owners.
B.
In order to pay the costs provided for in the reimbursement agreement, the city may:
1.
Collect from other persons or parties using such improvements for the benefit of real property not within the subdivision or parcel(s) of land to be developed, a reasonable charge for such use; collection of these charges may be deferred until such time as the other persons using such improvements improve their property through construction or through subdivision;
2.
Contribute to the subdivider or land developer that part of the cost of the improvement that is attributable to the benefit of real property outside the subdivision or parcel(s) of land to be developed, upon a determination by the city that it is in the public interest so to do; the city shall thereafter levy a charge upon the real property benefited to reimburse itself for such cost as paid to the subdivider or land developer, together with interest thereon;
3.
Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.
(Ord. 91-9 § 3)
Prior to entering into a reimbursement agreement pursuant with this chapter, the city council shall receive a report from the city engineer describing in detail the area outside the subdivision or parcel(s) of land to be developed which is benefited by the supplemental sizing, capacity, number or length of improvements required, and recommending the apportionment of the costs of such improvements based upon the benefit to such property outside the subdivision or parcel(s) of land to be developed. The apportionment of benefit shall be on the basis of frontage improvements, acreage served by such improvements, or any other formula rationally related to actual benefit. The city council, by resolution, may approve the report as submitted, or modify the report, and the action of the city council thereon shall determine the benefit to each piece or parcel of property outside the subdivision or single parcel to be developed benefited by such improvements, establish the amount or amounts to be charged such properties, and direct the method of collection of the costs of such improvements. The action of the city council shall be final. The city clerk shall cause a copy of the resolution to be filed with the county recorder.
(Ord. 91-9 § 3)