Article 2 — Reimbursements

To the extent that the Subdivider has a balance of actual credit available, the Subdivider may submit a written request for reimbursement to the City Engineer. The Subdivider shall be entitled to potential reimbursement from the City only if the Subdivider submits a written request to the City Engineer which establishes the following:

(a)

The request must be made no later than 180 days after the issuance of the last building permit within the development project for which the application for credit was made; provided that a Subdivider may submit a late application if the Subdivider pays a processing fee established in accordance with City regulations to cover the City's reasonable costs associated with administering the late application.

(b)

The request must identify the specific dollar amount of the credit balance (from an identified fee fund) which the Subdivider requests to be allocated to a reimbursement, along with documentation in support thereof, including: a copy of the City Engineer's written determination of the amount of actual credit available to the Subdivider, and a copy of all of the City Engineer's written determinations of credit allocations and credit balances.

(c)

The request must identify the amount of remaining credit (calculated by subtracting the requested reimbursement amount from the previous credit balance) available to the Subdivider.

(d)

The request must include a designation of the name and address of the legal entity to which reimbursement payments are to be made.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

(a)

In the event that the City Engineer determines that the Subdivider has properly submitted a request for reimbursement, pursuant to section 13.08.050, the City Engineer shall prepare a written determination of potential reimbursement allocation which will include the dollar amount of the potential reimbursement. The dollar amount of the potential reimbursement shall equal the amount specified in the Subdivider's request (not to exceed the actual credit available to the Subdivider, less the total of all credit allocations to the Subdivider set forth in all of the City Engineer's written determinations of credit allocation). The potential reimbursement amount shall be adjusted by the City Engineer as necessary to calculate a potential reimbursement balance equal to: (1) the potential reimbursement allocation amount; plus (2) the amount of interest added to the reimbursement account pursuant to section 13.08.070(a), to the extent the interest is allocated to the Subdivider; less (3) the amount of all reimbursement payments made to the Subdivider.

(b)

In the event that the City Engineer determines that a Subdivider has constructed a program public facility, and the Subdivider has not properly submitted a request for reimbursement pursuant to section 13.08.050, the City Engineer shall provide written notice to the Subdivider (by U.S. mail, or, if the Subdivider's address is unknown, by publication in a newspaper of general circulation within the City) the Subdivider's right to potential reimbursement in accordance with this title. In the event that the Subdivider does not submit a request for reimbursement pursuant to section 13.08.050, within thirty (30) days after the City's written notice pursuant to this subsection, the City shall refund the amount otherwise subject to reimbursement to the program fund, resulting in a net decrease in the fee.

(c)

In the event that the City Engineer receives a late application for reimbursement, the Subdivider's potential reimbursement amount, if any, shall be reduced to the extent necessary to cover any lost revenue related to a decrease in the fee set forth in subsection (b) of this section.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

The reimbursement allocation will be administered as follows:

(a)

As of the date of the properly submitted request for reimbursement, the City shall designate a separate reimbursement account within the relevant fee fund. To the extent that the City collects fees for the fee fund, after the date that the reimbursement account is designated, the City shall deposit in the reimbursement account ten (10%) percent of all fees collected. To the extent that the reimbursement account earns interest, the earned interest shall be deposited in the reimbursement account.

(b)

To the extent that fees are deposited in the relevant reimbursement account, the City shall make semiannual reimbursement payments to the Subdivider, as designated pursuant to section 13.08.050. The right to receive reimbursement payments, if any, shall not run with the land. The City shall make no reimbursements to any Subdivider in excess of the amount of fees deposited in the relevant reimbursement account.

(c)

The City shall make no reimbursements to any Subdivider in excess of the dollar amount of the potential reimbursement set forth in the City Engineer's written determination of potential reimbursement.

(d)

In the event that the City Engineer makes a written determination of potential reimbursement for more than one Subdivider from the same reimbursement account, the City shall make pro rata reimbursements to each Subdivider based upon the formula described in this section. The month in which the City approves the Subdivider's properly submitted request for reimbursement shall be the Subdivider's starting month. The number of months between the starting month and the month in which the City calculates reimbursement payments shall be the number of reimbursable months. The City shall calculate each

Subdivider's gross share of potential reimbursement by multiplying the Subdivider's potential reimbursement balance by the reimbursable months. The sum of the gross shares for all subdividers within the same fee fund shall be the total gross share. Each subdivider's pro rata share shall be calculated by dividing the Subdivider's gross share by the total gross share, and multiplying by the amount of funds deposited in the relevant reimbursement account.

(e)

No reimbursement payment shall be made to a Subdivider until after the completion of construction by the Subdivider, and acceptance of improvements by the City.

(f)

In the event that construction is completed (and all costs are paid) for the specified public facilities for which a fee fund is established, then all remaining fee revenues within the fee fund shall be transferred to the reimbursement account.

(§ 1, Ord. 975 C.S., eff. August 15, 1998)

Chapter 13.12 - PARK DEVELOPMENT IMPACT FEES

Sections:

Article 1. - General Provisions