Moorpark Municipal Code Art. II Reimbursements

The city council may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that such improvements shall be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time.

(Ord. 334 § 1 Exh. A, 2006)

The city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such supplemental improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The amount of the reimbursement shall be determined by the following procedure:

A. The subdivider shall submit three bids from licensed contractors, approved by the city engineer, estimating the cost of constructing the improvements with supplemental size, capacity, number or length, as well as the cost of the improvements for the subdivision only.

B. The amount of the reimbursement shall be the lowest difference on the submitted bids between the estimate with supplemental size, capacity, number or length and the estimate of the improvements for the subdivision only. The bid upon which the determination is made need not be the bid chosen by the developer for construction of the improvements.

(Ord. 334 § 1 Exh. A, 2006)

In order to pay the costs as required by the reimbursement agreement, the city may:

A. Collect from other persons, including public agencies, using such supplemental improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

B. Contribute to the subdivider part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.

C. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

(Ord. 334 § 1 Exh. A, 2006)

The city council may establish an area of benefit pursuant to Section 16.08.010 of this title and may impose a reasonable charge on property within the area which, in the opinion of the city council, is benefited by the construction of the bridge or major thoroughfare. The charge collected shall be paid to the city or subdivider constructing the bridge or major thoroughfare, and the city may enter into a reimbursement agreement with the subdivider.

(Ord. 334 § 1 Exh. A, 2006)