(A) (1) After the public hearing held pursuant to § 35.34(A) of this chapter, the City Council shall approve, reject or modify the recommendations contained in the City Engineer’s report.
(2) The City Council’s decision shall be embodied in a resolution.
(3) If a reimbursement district is established, the resolution shall include the City Engineer’s report as approved or modified, and specify that payment of the reimbursement fee, as designated for each parcel, as a precondition of receiving city permits applicable to development of that parcel as provided for in § 35.40 of this chapter.
(B) When the applicant is other than the city, the resolution shall instruct the Finance Director to enter into an agreement with the applicant pertaining to the reimbursement district improvements. If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the city. The agreement, at a minimum, shall contain the following provisions:
(1) The public improvement(s) shall meet all applicable city standards;
(2) The total amount of potential reimbursement to the applicant;
(3) The total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s);
(4) The annual fee adjustment set by the City Council;
(5) The applicant shall guarantee the public improvement(s) for a period of 12 months after the date of installation;
(6) The applicant shall defend, indemnify and hold harmless the city 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;
(7) The applicant shall acknowledge that the city is not obligated to collect the reimbursement fee from affected property owners; and
(8) Other provisions as the City Council determines necessary and property to carry out the provisions of this subchapter.
(C) If a reimbursement district is established by the City Council, the date of the formation of the district shall be the date that the City Council adopts the resolution forming the district.
(Prior Code, § 2.10.070) (Ord. 244, passed 4-15-1996)