(A) After the first public hearing held pursuant to § 34.149, the Council shall approve, reject or modify the recommendations contained in the City Engineer’s report. The Council’s decision shall be embodied in a resolution. 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 determined for each property, is a precondition to receipt of any city permit applicable to development of that property.
(B) (1) When the applicant is other than the city, the resolution shall instruct the City Manager to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement shall be contingent upon the improvements being accepted by the city.
(2) The agreement, at a minimum, shall contain the following provisions:
(a) The public improvements shall meet all applicable city standards;
(b) The amount of the potential reimbursement the applicant may receive along with an acknowledgment that the total amount of any reimbursement will not exceed the actual cost of the public improvements;
(c) The annual fee adjustment;
(d) The applicant shall guarantee, with a surety bond, the public improvements for a period of 12 months after the date of city acceptance;
(e) 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. The applicant shall acknowledge that the city is not obligated to collect the reimbursement fee from affected property owners, and that the applicant assumes all risk of every kind that the amount reimbursed may not be as much as anticipated, or that any particular reimbursement fee may not be collected by the city. The applicant has a private cause of action for collection of a reimbursement fee against any person obligated to pay a reimbursement fee, and the applicant shall bear the entire cost of an action to collect the reimbursement fee, without any right to contribution by the city; and
(f) Other provisions as the City Council determines necessary and proper 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.
(D) The City 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 a public improvement within the reimbursement district.
(E) Where the city is the applicant, City Council by resolution shall address and decide the elements in this section.
(Prior Code, § 35.155) (Ord. 1241, passed 4-20-2009; Ord. 1254, passed 1-3-2011)