The city council regulates and requires public improvements
as conditions of orderly development. Permitting the formation of
a reimbursement district for public improvements protects the public
health, safety and welfare. The city council may establish a reimbursement
district for the purpose of reimbursing a subdivider or property owner
for a portion of their costs in the construction of public improvements.
Public improvement reimbursement districts enable the city to charge
a property owner the cost of public improvements attributable to their
development. A reimbursement district permits development to proceed,
while enabling future property owners to take advantage of the existing
public improvements and pay their proportionate costs of those improvements.
(Ord. 293 § 1, 1998)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means streets, curbs, gutters, sidewalks, street lights,
storm drains and sanitary sewers required to be constructed by the
contractor as a condition of developing property.
means a contract entered into between the city and any other
person, hereinafter called "contractor," providing for the construction
of public improvements and for the collection by the city of a fee
or charge for the connection with such public improvements by any
other person and for reimbursement to the contractor out of the proceeds
of such charges.
means that territory which may benefit from utilization of
further or additional public improvements constructed or agreed to
be constructed at the expense of the contractor. The exterior boundaries
of such reimbursement district may be hereafter established and may
be reflected in a reimbursement map placed on file with the city.
means those charges which the city council approves and which
are imposed on territory within reimbursement districts, to recoup
the cost of public improvements constructed by the contractor and
which benefit territory.
means a map on file with the city designating the exterior
boundaries of a reimbursement district and reflecting the reimbursement
fees chargeable to include territory as a condition of utilization
of the public improvements which the contractor installed.
(Ord. 293 § 1, 1998)
Whenever a person has been required by the city to install public
improvements as a condition precedent to the issuance of a building
permit and such person has, at his or her own expense, constructed
such public improvements in accordance with the requirements of the
city, and it is found by the city council that such public improvements
will be for the benefit of, or useable by, other persons or properties
in the city, the city council may enter into a reimbursement agreement
with such person whereby the city will collect from any other person
using or connecting with such public improvements within a period
of ten years from the dedication of such public improvements to the
city for public use, a charge for making such connection. The amount
of the charge made shall be the amount set forth in such reimbursement
agreement. No such agreement may be entered into unless the other
party agrees thereby to dedicate the public improvements to the city
for public use.
(Ord. 293 § 1, 1998)
Upon the execution of a reimbursement agreement, there shall
be established a reimbursement district consisting of those properties
that the city council finds will be benefitted by such public improvements.
Charges shall be made only on those persons desiring to connect to
such public improvements with property lying in whole or in part within
such reimbursement district. A reimbursement map shall be maintained
in the office of the city clerk for examination by the public. There
shall be indicated thereon the amounts or charges necessary to make
connection with such public improvements and a reference to the reimbursement
agreement establishing such charge.
(Ord. 293 § 1, 1998)
After the execution of a reimbursement agreement and the filing
of the necessary reimbursement map, no other person shall connect
to such public improvements indicated thereon without payment of the
charges provided for in such reimbursement agreement. No building
permit shall be issued by any city or county department, officer or
employee until the city clerk has certified that the payment has been
made as required; provided, that no charge may be made unless and
until such public improvements have been dedicated to the city for
public use, and that no such charge shall be made after ten years
from the dedication of such public improvements to the city for public
use have elapsed.
(Ord. 293 § 1, 1998)
No permit shall be issued for the connection of property lying
within a reimbursement district to the public improvements until the
applicant shall have first paid to the city all reimbursement fees
attributable to the connecting property as indicated on the reimbursement
map. Reimbursement fees shall be paid to the city engineer and payments
so made shall become the property of the city.
(Ord. 293 § 1, 1998)
There is established a public improvements fund in the city
treasury and all charges made and received in accordance with such
reimbursement agreement shall be deposited in such fund to be transferred
semi-annually to the contractor, together with a description of properties
for which the payments have been made.
(Ord. 293 § 1, 1998)
Nothing in this chapter shall be construed as requiring the
city to enter into any reimbursement agreement even though it may
have required the installation of public improvements, nor shall the
city be liable for reimbursement of the cost of such public improvements
except from the proceeds of such charges.
(Ord. 293 § 1, 1998)
