A. Improvement Costs: The city shall be entitled to collect from property owners and/or developers of property, prior to the issuance of any permit or approval, the costs of any improvements for which either the city or another developer has paid for and constructed which would constitute a project improvement to the property owner's/developer's development activity. The project improvements shall include any improvement which specifically benefits the development activity by providing improvements which would need to be installed by the property owner/developer prior to development. The property owner's/developer's reimbursement costs shall be calculated by the city engineer, based upon the city's and/or the other developer's actual costs for property acquisition, design, construction and installation of the improvements. The city may withhold the issuance of a permit or final approval until such time as the property owner's/developer's share of the costs previously incurred by the city and/or another developer has been paid.
B. Reimbursement Agreements:
1. The city is authorized to enter into reimbursement agreements with developers for improvements to water, sewer, stormwater, roads, or parks which extend, expand, or improve the city's water, sewer, stormwater, roads, or parks, beyond what is required to service or benefits the subdivision or development proposed by the developer. Such reimbursement agreements are not mandatory, but instead may be used at the discretion of the city council upon advice from the city engineer, public works director, city manager, and city attorney. The amount to be reimbursed to the developer shall be set forth in the reimbursement agreement as determined by the city engineer, subject to the review and approval of the city council, giving consideration to the improvements required for and/or benefiting the developer's development as well as those improvements which extend, expand or improve the city's water, sewer, stormwater, roads, or parks beyond what is required for the development.
2. The city shall, in all cases, be immune and not liable for any payments to the developer if a reimbursement agreement is determined to be unenforceable. Unless otherwise specifically agreed to pursuant to a reimbursement agreement approved by the city council and fully executed by all parties thereto, the responsibility for payment of costs incurred by a developer for property acquisition, design, construction and installation of the required improvements or facilities shall rest entirely with the developer. The city shall have no obligation to reimburse a developer for any amounts unless and until funds have actually been received by the city from other property owners/developers pursuant to this section. Developers shall only be eligible to receive reimbursement funds for those costs actually incurred and expended by the developer for property acquisition, design, construction and installation of the required improvements or facilities which are in excess of the developer's own share of said costs, as determined by the city.
3. Reimbursement agreements shall not confer a benefit upon any third party and shall be in a form approved by the city attorney. Prior to entering into a reimbursement agreement with a developer pursuant to this section, the city will first hold a public hearing on the matter after providing ten (10) days' written notice to property owners upon whose property the reimbursement agreement would subject future development activity to reimbursing either the city or another developer for improvements previously installed. (Ord. 2014-07, 4-22-2014)