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(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
(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)
(A) Within a reasonable time after the City Engineer has completed the report required in § 151.113, the City Council shall hold an informational public hearing in which persons impacted by the creation of the Reimbursement District shall be given the opportunity to comment thereon.
(B) Notice of the hearing shall be given not less than ten nor more than 30 days prior to the public hearing date. Notice shall be given to the applicant and all owners of property within the proposed District with notification by certified mail, return receipt requested, or by personal service. Notice shall be deemed complete as of the date notice is mailed or served. Failure to receive actual notice of the hearing shall not invalidate or otherwise affect any action of the city relative to the creation of the Reimbursement District and/or the costs associated therewith.
(C) Formation of a District does not result in an assessment or lien against property. As a result, the hearing is informational only and the District is not subject to termination as a result of remonstrances to the formation thereof. The City Council has the sole discretion, after the public hearing, to decide whether the District is to be formed or not. If a District is to be formed, a resolution approving and forming the Reimbursement District shall be adopted.
(D) If a Reimbursement District is formed prior to construction of the improvement(s), a second public hearing shall be held after the improvement has been accepted by the city when the Council may modify the resolution to reflect the cost of the improvement(s).
(Prior Code, § 3.10.030) (Ord. 2011-02, passed 1-24-2011)
At the conclusion of the hearing, the City Council shall approve, reject, or modify the recommendations contained in the City Engineer’s report and manifest its action in a resolution. If a Reimbursement District is established, the resolution shall include a copy of the City Engineer’s report as approved or modified and specify that payment of the appropriate fee as determined by the Council for each parcel is a precondition to receipt of any city permit necessary for development of that parcel. If a Reimbursement District is established, it shall be deemed formed as of the date the Council adopts the resolution referred to in § 151.115.
(Prior Code, § 3.10.035) (Ord. 2011-02, passed 1-24-2011)
(A) If the Council approves the City Engineer’s Report and thereafter creates a District, the City Manager shall cause the creation of an agreement between the applicant and city containing (at a minimum) provisions relating to the following:
(1) The public improvement(s) will or do meet all applicable city standards;
(2) The amount of the potential reimbursement the applicant can expect along with a caveat that the total amount of any reimbursement will not exceed the actual cost of the public improvement(s);
(3) The annual fee adjustment, if any;
(4) The applicant will guarantee the quality of the public improvement(s) for a period of not less than 12 months after the date of their installation;
(5) The applicant will defend, indemnify, and hold the city harmless from any and all losses, claims, damage, judgments, or other costs or expense arising as a result of or related to the city’s establishment of the District; and
(6) The applicant acknowledges the city is not obligated to collect the reimbursement fee from affected property owners.
(B) The city may include other provisions as the City Council determines necessary to ensure compliance with this subchapter.
(Prior Code, § 3.10.040) (Ord. 2011-02, passed 1-24-2011)
The City Council may, in its discretion, grant an annual adjustment to the amounts established as the reimbursement fee at the time of the hearing on the Engineer’s report. In the event such an adjustment is deemed appropriate, it shall be applicable to the fee beginning on the first anniversary of the date of the Council’s approval of the application, be fixed and computed against the reimbursement fee as simple interest, and remain the same for each year the District exists.
(Prior Code, § 3.10.045) (Ord. 2011-02, passed 1-24-2011)
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