A. Whenever a parcel of land is brought within the jurisdiction of this chapter, and a permittee or his predecessor in title has made, or paid for, any of the improvements required by this chapter, by special assessment or otherwise, prior to the effective date of the ordinance codified in this chapter, the extent of such improvements shall be credited against the obligation created. In estimating the value of such past improvements, the City Engineer’s estimate of current construction costs shall apply. The credit allowed for past improvements, however, shall not exceed the cost of the improvements required by this chapter. If a permittee or his predecessor in title has made any dedication prior to the effective date of the ordinance codified in this chapter, the extent of such dedication shall be credited in kind against the obligation created. The credit allowed for past dedication, however, shall not exceed the amount of dedication required by this chapter.
B. Whenever a parcel of land is brought within the jurisdiction of this chapter, and a permittee makes any dedication of land required by this chapter or makes or pays for any improvements required by this chapter, and said land is thereafter included in a City assessment district proceeding for the acquisition of land and the construction of some or all of the improvements of the kind required by this chapter, the permittee or his successor in title shall be entitled to a credit against such sums as the permittee shall be required to pay in the City assessment district proceedings as follows:
1. For any land dedicated pursuant to the provisions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the value of the land as appraised by City as of the time of the assessment proceedings (i.e., as of the time of the appraisal of other land included in the assessment proceedings);
2. For any improvements, except interim improvements as defined in Section 14.04.090, actually made pursuant to the provisions of the chapter, a permittee or his successor in title shall be entitled to a credit equal to the value of the improvements as appraised by the City as of the time of the assessment proceedings (i.e., as of the time of the appraisal of land included in the assessment proceedings);
3. For any improvements actually paid for pursuant to the provisions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the amount paid to the City, without interest;
4. Credit shall be allowed only for dedications actually made, or improvements actually made or actually paid for, no credit shall be allowed for dedications or improvements which a permittee has agreed to make or pay for, but has not made as of the date of the resolution or ordinance of intent to establish said district;
5. In the event a permittee has agreed to make or pay for dedication or improvements under the provisions of this chapter, but has not made or paid for said dedication or improvements as of the date of the resolution or ordinance of intent to establish said district, the permittee's contractual obligation to make or pay for said dedication or improvements shall be terminated, but only to the extent that said dedication or improvements shall be required, made and completed pursuant to said assessment district proceedings;
6. In no event shall the credit allowed exceed the amount which a permittee or his successor in title shall be obligated to pay under the assessment proceedings;
7. Appraisals for the purpose of determining credit shall be made by the City, and the amount thereof shall be at the sole discretion of the City and shall be binding upon a permittee or his successor in title;
8. The provisions of this section shall apply only to assessment proceedings under the jurisdiction, supervision and control of the City.
(Ord. 1094, (part), 1981)