(A) Any applicant who finances some or all of the cost of a public improvement available to provide service or benefit to property other than property owned by that person may, by written application filed with the City Manager, request the city establish a reimbursement district. The improvement must be in a size greater than that which would otherwise ordinarily be required or must be available to provide service to property other than that owned by the applicant. Examples include, but shall not be limited to:
(1) Full-street improvements instead of half-street improvements;
(2) Off-site sidewalks;
(3) Connection of street sections for continuity;
(4) Extension of water lines;
(5) Extension of sewer lines;
(6) Sewer pump station;
(7) Parks; and
(8) Undergrounding of public utilities.
(B) The application may be submitted to the city prior to the installation of the public improvement.
(C) The application shall include the following:
(1) A description of the location, type, size and cost of the public improvements to be eligible for reimbursement;
(2) A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage and/or square footage of the properties, or similar data necessary for calculating the apportionment of the cost; and a listing of the property or properties owned by the applicant;
(3) The actual or estimated cost of the improvements as evidenced by bid, projection of the cost of labor and materials or other evidence satisfactory to the City Engineer;
(4) The estimated date of completion of the public improvements;
(5) The applicant may request a discretionary annual fee adjustment, which, if granted, will be administered pursuant to § 34.155(E);
(6) An acknowledgment by the applicant that the applicant agrees to indemnify, defend and hold harmless the city, its elected officials, appointed officials, employees and agents from any and all claims that may arise from the creation or administration of the district. This acknowledgment shall release the city, its elected officials, appointed officials, employees and agents from any and all claims that reimbursement fees were improperly collected, collected in the wrong amount or not collected at all, for any reason, including negligence on the part of the city, its elected officials, appointed officials, employees and agents. The applicant shall acknowledge that the applicant accepts all risk that reimbursement will not occur, or will not occur in the amount or within the time expected by the applicant; and
(7) The applicant shall provide proof of ownership in the form of a description of the type of company (corporation, LLC, partnership and the like) as well as the designation of the authorized signatories.
(D) All applications must be accompanied by a fee in an amount sufficient to cover the cost of administrative review and notice required by this subchapter as set by City Council resolution.
(E) If an application is submitted after the construction of the public improvements, the application must also include the date the city accepted the public improvements and evidence of the actual cost of the improvements shown by receipt, invoice or other documents. An application will not be complete until all the information is submitted to the city. Following the construction, the applicant shall provide the following information for review and approval by the city: letter of donated capital showing the cost of the installation, a warranty deed releasing all interest in the improvements, a lien release from the contractor and applicant stating that all contractors, subcontractors and suppliers have been paid, an acceptance letter from the Engineer or city stating the improvements are in accordance with city standards. The applicant shall provide lien releases from all contractors, subcontractors and suppliers as a strict condition precedent to city acceptance of a reimbursement district.
(F) If an application is submitted prior to the construction of the improvements, the application must be accompanied by an estimate of the cost of the improvements as evidenced by bid, projection or other data. The application must also include the estimated date of completion of the public improvements. An application will not be complete until all the information is submitted to the city. The applicant shall provide a bond for 200% of the cost for any improvement located within an easement or on private property.
(Prior Code, § 35.151) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)