(A) Purpose of provisions: From time to time city and private development installed the public improvements including water lines, sewer lines, other underground utilities, connecting pavements, curbs, gutters, sidewalks, median islands, and similar public right-of-way improvements appurtenant to parcels yet to be developed. These improvements cause the value of these parcels to increase. When these developed parcels develop, the city for the most part does not receive property tax revenues to reimburse for the public improvements that have directly benefited these parcels. In addition, the private developer installing these improvements is not reimbursed for the benefit bestowed on adjacent property. This section is intended as a procedure for reimbursement of public improvements made of moneys from the treasury of the city for such public improvements and to reimburse private developers for installation of public improvements of benefit to adjacent private landowners.
(B) Recovery of costs:
(1) Whenever the City Council determines that the public interest and necessity demand the construction and completion of public projects including but not limited to street improvements including; water lines, sewer lines, other underground utilities, connecting pavements, curbs and gutters, sidewalks, median islands and similar public right-of-way improvements, to undeveloped areas of the city, not adequately improved, and appropriates moneys out of the treasury of the city for such public improvements, no person shall be permitted to develop such property until such property owner has paid to the city the proportionate share of the cost of the street improvements as established by the City Council with respect to the property; and no application, either by petition or otherwise, shall be approved by the City Council for the building and or development of such property until the property owners to be benefited or a significant number thereof shall have paid to the city, or agreed to pay such proportionate share of the costs of the street improvements as in the opinion of the Council insures the payment of the cost of the public street improvements. Such payments include a development fee or license tax fee on new construction obligation and shall be in addition to any other fee prescribed by any ordinance of the city.
(2) Whenever a public project is financed in any part by the general fund of the city, the City Engineer shall determine if there are any parcels directly benefited by the installation of the public project. Whenever the City Engineer determines that a parcel is directly benefited from a public project, the City Engineer shall recommend to the City Council, as part of the documents to be approved by the Council for the public project. The amount of reimbursement to be apportioned to any such parcel. Reimbursement may be in the form of a lump sum payment to the city or payment of a development fee or license tax on new construction. The owner of any such parcel as designated upon the latest records of the County Assessor shall be notified of the Council's hearing for the consideration of the public project. At said hearing, if the City Council approves the public project, the City Council shall also consider the apportionment of the cost of said improvements among the parcels directly benefited from the project. If a parcel is required to reimburse the City for any portion of the public project, a recorded document will be filed with the County Recorder's office, stating the obligation that is due and payable upon issuance of any permit for the development upon the parcel.
(3) As referred to herein "permit" refers to any permit issued by the city and "development" shall refer to any improvement upon real property for which any permit is required.
(4) A temporary waiver of payment of lots may be requested, in writing, to the City Manager. A waiver request may only be submitted for a permit of improvements upon a parcel already occupied with a resident's structure. The City Manager may waive, for a designated period of time, all or a portion of the reimbursement.
(C) Reimbursement for utility undergrounding: When utility undergrounding, and the total estimated development fee for license, tax, collections for utility undergrounding is required by the city to accommodate a street widening, the developer shall receive a partial reimbursement from the city if the cost of utility undergrounding exceeds the amount estimated to be collected for utility undergrounding as part of the development fee or license tax payments over the duration of the construction project.The partial reimbursement shall be limited to the difference between the cost of undergrounding. Reimbursement by the City shall only be paid from designated utility undergrounding accounts, subject to the variability of funds.
(D) Private projects-reimbursement by benefited property owner
(1) Whenever the City Council determines that the public interest and necessity demand the construction and completion of public right-of-way improvements including, but not limited to water lines, sewer lines and other underground utilities, connecting pavement, street improvements, including curbs, gutters, paving and sidewalks and related improvements, including median island improvements and utility undergrouding, adjacent to undeveloped areas of the city not adequately improved and places conditions of approval upon a private project for construction of such public improvements, no person shall receive a permit to develop the benefited property until such property owner has paid to the city a proportionate share of the original costs of the public right-of-way improvements as previously required by the City Council with respect to the property so benefited.
(2) In making this determination, the City Engineer shall determine the percentage of benefit to the benefited parcel. Such payment by the benefited parcel shall then be paid by the city to the original private developer having installed such improvements. If the city record fail to include the identity of that developer or the developer no longer exists or for any reason the payment cannot be made after reasonable effort by the city, the City Council may order the payment returned to the payor.
(Ord. 1248, passed 6-2-99)