§ 151.114 AMOUNT TO BE REIMBURSED.

   (A)   The potential amount of the reimbursement is limited to the following:

      (1)   The costs of construction;

      (2)   Engineering (including surveying and inspection) costs in an amount not to exceed 15% of the construction costs;

      (3)   Off-site right-of-way purchase costs, limited to the reasonable market value of land or easements purchased by the applicant from third parties to complete off-site improvements;

      (4)   Financing costs associated with the improvement to the extent the financing costs are not attributable to the applicant’s property or project; and

      (5)   Legal and other expenses incurred by the applicant to the extent said expenses relate to the preparation and filing of the application, the preparation of the report required by § 151.113, and the hearing process set out in §§ 151.115 and 151.116.

   (B)   Regardless of amount or category, costs reimbursable or eligible for traffic impact fee credits or systems development charge credits which cannot be clearly documented or which are attributable to the applicant’s property or project are not reimbursable.

   (C)   By submitting an application that seeks reimbursement of legal expenses, the applicant thereby waives any attorney/client or attorney work product privilege that may exist in attorney billing statements or records in support thereof.

   (D)   A reimbursement fee shall be determined for all properties which fall within the proposed Reimbursement District, including applicant’s; however, the applicant shall not be reimbursed for that portion of the fee representing the benefit to the applicant’s property.

   (E)   The applicant shall not be reimbursed for the portion of the reimbursement fee computed for property owned by the city or other governmental body.

(Prior Code, § 3.10.025) (Ord. 2011-02, passed 1-24-2011)