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:
"Public improvements"
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.
"Reimbursement agreement"
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.
"Reimbursement district"
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.
"Reimbursement fees"
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.
"Reimbursement map"
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)