(A) A reimbursement fee shall be computed by the city for all properties within the reimbursement district, excluding property owned by or dedicated to the city or the state, that have the opportunity to utilize the public improvements, including the property of the applicant for formation of a reimbursement district. The fee shall be calculated separately for each public improvement. The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property owned by the applicant.
(B) The cost to be reimbursed to the applicant, if other than the city, shall be limited to the cost of construction, engineering and off-site easement and right-of-way acquisition as previously approved by the city. If the applicant is the city, the costs to be reimbursed shall also include an administration cost and all costs associated with the acquisition of easements and rights-of-way. Engineering shall include surveying and inspection and shall not exceed 15% of eligible construction costs. If the applicant is other than the city, the costs to be reimbursed for right-of-way acquisition shall be limited to a value approved by the city and in reasonable conformance with the value calculated by an appraisal for an easement but no greater than one-third of the land value/square foot as determined by the taxing district.
(C) No reimbursement shall be allowed for financing costs, permits or fees required for construction permits, land or easements dedicated by the applicant, costs that are eligible for systems development charge credits, project management fees or any costs that cannot be clearly documented.
(D) Reimbursement for legal expenses shall be allowed only to the extent that the expenses relate to the acquisition of off-site right-of-way or to the preparation and filing of an application for reimbursement, and to working with the city through the Engineer’s report and formation public hearing stages of an application.
(Prior Code, § 35.153) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)