(A) The fees provided in §§ 16.24.160 and 16.24.162 and which are established by the resolution of the City Council to be adopted following the hearing provided for in § 16.24.162 and a certified copy of which is recorded with the County Recorder shall be paid by the owner of a parcel subject thereto as a condition to the approval of a final subdivision map or final parcel map therefor.
(B) All fees collected by the city pursuant to division (A) of this section and the resolution shall be deposited in a planned bridge facility or major thoroughfare fund, whichever is appropriate.
(C) Fees collected pursuant to division (A) of this section and the resolution shall be utilized for the reimbursement of the costs of the construction of the bridges and the thoroughfares as follows:
(1) Each person who has paid an installment on an assessment on any parcel in Assessment District No. 79-2 which was assessed for the cost of the construction of any of the bridges or any of the thoroughfares or any segment thereof and the assessment for which has been increased for the construction of the bridges or the thoroughfares or both as a result of the exclusion from the assessment district of the excluded parcels (the parcels with such increases being hereinafter referred to as the “increased assessment parcels”) shall receive a pro rata refund in an amount which relates to the increase in the assessment thereon for the construction of the bridges (the “bridge assessment”) or the thoroughfares (the “thoroughfare assessment”), depending on whether the fees collected are for the construction of the bridges or the thoroughfares, as determined by the city;
(2) The balance, if any, of each such fee remaining after the refunds provided for in subsection (C)(1) has been made shall be transferred to the redemption fund for Assessment District No. 79-2 and utilized for the payment of principal and interest on the bonds of the assessment district. At the time of each such deposit to the redemption fund, the appropriate pro rata portion of the amount thereof shall be credited on the bridge assessment or thoroughfare assessment on each increased assessment parcel, depending on whether the fees so deposited are for the construction of the bridges or the thoroughfares;
(3) The pro rata refunds and credits provided for in subsections (1) and (2), respectively, of this subsection shall be made based on the percentage which the increase in the bridges assessment or the thoroughfare assessment, depending on whether the fees collected are for the construction of the bridges or the thoroughfares, as determined by the city, on each increased assessment parcel is of the total of the increases in said assessment on all such parcels;
(4) Notwithstanding the preceding provisions of this subsection, when the total amount of the refunds and credits provided for in subsections (1) and (2) hereof are equal to the total amount of the increases in the bridge assessments or thoroughfare assessments, respectively, on all of the increased assessment parcels, all fees thereafter paid to the city by the owners of the excluded parcels for the construction of the bridges or the construction of the thoroughfares shall be deposited to the redemption fund for Assessment District No. 79-2 and utilized for the payment of principal and interest on the bonds of said assessment district. At the time of each such deposit to the redemption fund, a pro rata portion of the amount thereof shall be credited on the assessment on each parcel of property within the assessment district which was assessed a bridge assessment or a thoroughfare assessment, depending on whether the fees so deposited are for the construction of the bridges or the thoroughfares. The pro rata credits shall be made based on the respective amounts of the bridge assessments or the thoroughfare assessments on all such parcels, without taking into consideration any increase in either of the assessments on any said parcel resulting from the exclusion from the assessment district of the excluded parcels;
(5) Notwithstanding the preceding provisions of this subsection, if the amount of any fee paid by the owner of any such parcel to the city is, in the opinion of the City Treasurer, insufficient in amount to warrant a refund, the City Treasurer may accumulate the fees in the aforementioned planned bridge facility fund or major thoroughfare fund, whichever is appropriate, until he or she determines that there is a sufficient amount on deposit in the fund to warrant such a refund and a transfer of the remaining balance of the fees to the redemption fund for the assessment district;
(6) Further notwithstanding the preceding provisions of this subsection, when an increased assessment parcel or any parcel of property within Assessment District No. 79-2 is subdivided through the recordation of a final subdivision map or parcel map therefor and the remaining balance of the assessment levied thereon is apportioned, pursuant to the Improvement Bond Act of 1915, Streets and Highways Code Division 10, to the individual lots in the subdivision and said lots or any of them are sold for occupancy of a residence or an industrial or commercial structure thereon, the provisions of subsections (1) and (2) shall no longer be applicable with respect to the individual lots in the subdivision except as to installments on the assessment thereon which were paid prior to the date of the recordation of the grant deed transferring title thereto, and thereafter the city shall only make credits on the remaining balances of the assessments on said lots or parcels pursuant to subsection (4) of this division.
(`78 Code, § 16.24.164.) (Ord. 1744 § 2, 1984; Ord. 1674 § 3, 1983.)