For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person, as defined in this section, who is required or chooses to finance some or all of the cost of street, water or sewer improvement that is available to provide service to property, other than property owned by the person, and who applies to the city for reimbursement for the expense of the improvement. The APPLICANT may be the city.
CITY. The City of Tillamook, its City Council, employees, agents and/or assigns.
CITY ENGINEER. The person holding the position of City Engineer or any individual designated or providing the necessary engineering services by the Council or City Manager to perform the duties set out within this subchapter.
COUNCIL. The City Council of the city, composed of its elected or appointed Councilors.
PERSON. A natural person, the person’s heirs, executors, administrators or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent, employee or any representative thereof.
PUBLIC IMPROVEMENT and PUBLIC IMPROVEMENTS. Any construction, reconstruction or upgrading of water, sanitary sewer or stormwater line; public street (including bicycle lane) or sidewalk or under-grounding of public utilities.
REIMBURSEMENT AGREEMENT. The agreement between an applicant and the city that is authorized by the Council and executed by the City Manager, providing for the installation of and payment for reimbursement district public improvements.
REIMBURSEMENT DISTRICT. The area that is determined by the Council to derive a benefit from the construction of public improvements, financed in whole or in part by the applicant, and includes property that has the opportunity to utilize the improvements.
REIMBURSEMENT FEE. The fee required to be paid by a resolution of the Council and the reimbursement agreement. The Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee that considers the cost of reimbursing the applicant for financing the construction of public improvements within the reimbursement district. The term REIMBURSEMENT FEE does not include any local improvement district assessment or any system development charge established by state law or established by the city.
SEWER IMPROVEMENT. A sewer, a sewer pump station or sewer line improvement conforming with city standards and including, but not limited to, extending sewer line to property, other than property owned by the applicant, so that sewer service can be provided for the other property without further extension of the line.
STORMWATER IMPROVEMENT. A stormwater or stormwater line improvement conforming with city standards and including, but not limited to, extending a stormwater line to property, other than property owned by the applicant, so that stormwater disposal for the property can be provided without further extension of the line.
STREET IMPROVEMENT. A street or street improvement conforming with city standards and including, but not limited to, street, storm drain, curb, gutter, sidewalk, bike path, traffic control device, street tree, light and sign and public right-of-way.
UTILIZE. To use or benefit from a public improvement, to apply for a building or other permit that will allow for the use or increase in the use of a public improvement or to connect to a public improvement.
WATER IMPROVEMENT. A water or water line improvement conforming with city standards and including, but not limited to, extending water line to property, other than properly owned by the applicant, so that water service can be provided for the other property without further extension of the line.
(Prior Code, § 35.150) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)