Redwood City Municipal Code § 18.225 Recordation of Notice

Any owner or subdivider of real property who or which is required by the City to bear the costs of constructing and installing improvements which are dedicated to, or acquired for, public use and which contain supplemental size, capacity, numbers or length which benefit or benefits property not owned by said owner or not within said subdivider's subdivision, may apply for a reimbursement agreement pursuant to which such improvements shall be acquired or constructed and providing for reimbursement of the excess costs thereof. Applications shall be made in the form and manner prescribed by the Director.

(Ord. No. 2045, § 2, 9-16-91)

Upon receipt of an application, the Director shall determine whether the improvements proposed to be acquired from or constructed by the applicant include or require supplemental size, capacity, number, or length for the benefit of property not owned by the applicant or (if applicable) not within an area under subdivision by the applicant. If the Director does determine that such improvements do or shall contain such supplemental size, capacity, number, or length, the director shall further determine whether the appraised or estimated excess costs related to the supplemental improvements equal or exceed fifty thousand dollars ($50,000.00). If the Director determines that said excess costs do not equal or exceed said amount, the Director shall reject the application, and proceedings under this Article shall thereupon terminate. If the Director determines that the appraised or estimated excess costs equal or exceed the foregoing amount, the Director shall prepare the report described in Section 18.212; provided, that the applicant shall first deposit with the City the estimated costs (as determined by the Director) of preparing said report and conducting all proceedings through and including the adoption of the resolution described in Section 18.222, which costs shall be nonrefundable by the City, but which shall be included in the costs of the improvements.

(Ord. No. 2045, § 2, 9-16-91)

Upon determining initially that the excess costs related to the supplemental improvements equal or exceed fifty thousand dollars ($50,000.00), the Director shall prepare a report to the Council which shall include the following:

A. The initial determination of the costs of the improvements, including the supplemental improvements;

B. A description of each benefited property by legal description, assessor's parcel number, or other description sufficient to identify the same;

C. The names and addresses of the owners of each benefited property;

D. A general description of the improvements and the portion thereof constituting the supplemental improvements;

E. A description of the benefit area, which may be in the form of a plat or map;

F. The formula or formulae by which the reimbursement charge or charges is or are calculated;

G. The initially determined excess costs;

H. The initially determined reimbursement charge for each benefited property; and

I. Such other information as may be necessary or useful in applying the formula or formulae adopted by the Council for the calculation of reimbursement charges, and/or such other information as the Director deems relevant or appropriate regarding the application for a reimbursement agreement.

The Director shall complete the report within thirty (30) days after making the determination described in Section 18.211; provided that said period may be extended as deemed necessary by the Director to obtain additional information from the applicant in order to complete the application, or otherwise to obtain data, appraisals, cost estimates, descriptions, or other information not maintained in City records. Upon completion of the report, the Director shall submit the report to the City Clerk, who shall place the matter of consideration of the report and of adoption of a resolution of intention to enter into a reimbursement agreement on the agenda of the Council within thirty (30) days of receipt of said report.

(Ord. No. 2045, § 2, 9-16-91)

Upon consideration of the Director's report, the Council may determine preliminarily to grant the application for a reimbursement agreement by adopting a resolution of intention to acquire or construct the improvements pursuant to the provisions of this Article and to establish a reimbursement charge which shall be imposed upon the owners of benefited property at such time as such owners or their successors in interest apply for a permit or other entitlement to connect to, obtain access to, or use the improvements or which otherwise shall be imposed as a condition of issuance of a building permit, use permit, planned development permit or other entitlement for the use or development of such benefited property. The resolution of intention shall include the formula or formulae upon which the reimbursement charge is proposed to be calculated and imposed throughout the benefit area. The resolution of intention shall set a time, date and place for hearing by the Council of any and all protests to the granting of the application for a reimbursement agreement, the inclusion or exclusion of any property within the proposed benefit area, the costs of the improvements, the excess costs, the amount of the proposed reimbursement charge with respect to any benefited property, the formula or formulae upon which the proposed reimbursement charge is based, and the amount or extent of the supplemental improvements.

(Ord. No. 2045, § 2, 9-16-91)

No property owned by the City shall be included in a benefit area or be subject to payment of a reimbursement charge; provided, however, that the Council may provide for a contribution to payment of the costs of the improvements in proportion to the benefit to be derived by any City-owned property from such improvements. If any lot or parcel of land belonging to the United States, or to the State, or any county, city (other than the City of Redwood City), district, or other public agency, which property is in use for performance of any public function, is included within a benefit area, the Council may, in its resolution of intention, declare that such lots or parcels of land, or any of them, shall be omitted from the benefit area and not be subject to a reimbursement charge.

The Director, in his or her report prepared pursuant to Section 18.212, or the Council, may exclude property from a benefit area, and exempt the owner thereof from the payment of a reimbursement charge upon finding that the property is adequately served by existing public improvements which provide substantially the same benefit or benefits to the property as those proposed to be provided pursuant to a reimbursement agreement. Such property may continue to be served by such existing improvements or may be permitted to connect to, obtain access to, or use the improvements constructed pursuant to the provisions of this Article without cost or charge to the owner, as the Director or Council may determine.

(Ord. No. 2045, § 2, 9-16-91)

Not less than ten (10) days prior to the hearing on the matters described in Section 18.213, the City Clerk shall cause notice of the hearing to be given by: a) Mailing, postage prepaid, to all owners of benefited property within the proposed benefit area; b) publication once in a newspaper of general circulation in the City; and c) posting on or near the Council chamber door or any bulletin board in or near the Clerk's office, City Hall. Additionally, the Director shall cause to be conspicuously posted along the line of the improvements proposed to be acquired or constructed and not more than three hundred feet (300′) in distance apart, but not less than three (3) in all, notices of the hearing.

(Ord. No. 2045, § 2, 9-16-91)

A. Advertisement for Bids: Upon adoption of a resolution of intention relating to an application for a reimbursement agreement pursuant to which improvements are to be constructed, the Council shall also adopt a resolution authorizing and directing the City Clerk to advertise for bids for the construction of the improvements. The advertisement for bids shall be in the manner prescribed in Section 67 of the Charter of the City of Redwood City and Article VII (commencing with Section 2.63) of Chapter 2 of this Code; provided, that the notice to bidders shall include a statement that award of the contract for construction of the improvements shall be subject to, and conditioned upon, the granting of an application for a reimbursement agreement pursuant to the provisions of this Article, and that the funding for the construction of the improvements shall be provided by the applicant pursuant to a reimbursement agreement.

B. Security Deposit: Prior to or upon the adoption of a resolution of intention and a resolution authorizing and directing the advertisement for bids the applicant shall deposit with the Director security guaranteeing that the applicant shall enter into a reimbursement agreement if a resolution approving and authorizing execution of such agreement is adopted pursuant to Section 18.222. The amount of said security shall be fifty percent (50%) of the costs of the improvements. Said security shall be in the form of cash, cashier's check, performance bond, letter of credit, or other security instrument, the nature of which shall be subject to the approval of the Director and the form of which shall be subject to the approval of the City Attorney.

If proceedings are terminated by majority protest pursuant to Section 18.217 or by the applicant's election to terminate pursuant to Section 18.221 and the applicant is not obligated to enter into a reimbursement agreement approved pursuant to Section 18.222 the aforesaid security shall be null and void and returned to the applicant. If a resolution approving the application for a reimbursement agreement and approving and authorizing the execution of such agreement is adopted pursuant to Section 18.222 and the applicant fails or refuses to enter into said agreement and/or fails or refuses to deposit the full costs of the improvements pursuant thereto, the aforesaid security deposit shall be retained by the City as liquidated damages, it being impracticable or extremely difficult to fix actual damages caused by the applicant's aforesaid default.

(Ord. No. 2045, § 2, 9-16-91)

At any time not later than the hour set for hearing protests any owner of benefited property liable to be charged a reimbursement charge may protest against the granting of the application for a reimbursement agreement, the inclusion or exclusion of property within the benefit area, the costs of the improvements, the excess costs, the amount of the proposed reimbursement charge, the formula or formulae upon which the proposed reimbursement charge is based, and the amount or extent of the supplemental improvements. All such protests must be in writing, must contain a description of the property in which the person or persons who sign the protest is interested, which description shall be sufficient to identify the same, and if the person or persons who signs or sign a protest are not shown as the owner or owners of such property on the last equalized assessment roll, such protest must contain or be accompanied by evidence that said person or persons are the owner or owners of such property or are authorized to make such protest on behalf of said owner or owners. Every protest must state the ground or grounds for the protest.

All such protests shall be filed with the City Clerk at or before the time fixed for hearing. The Clerk shall endorse on each protest the date of its receipt and at the time appointed for the hearing shall present to the Council all such protests. All protests not made within the time and in the manner herein provided shall be deemed to be waived voluntarily by any person who might have made such protest and such person shall be deemed to have consented to any act, determination, or proceeding on which protest could have been made.

(Ord. No. 2045, § 2, 9-16-91)

At the time set for hearing protests the Council shall proceed to hear and pass upon all protests made as required by Section 18.217, and the Council's decision shall be final and conclusive. The Council may adjourn the hearing from time to time. Any protest may be withdrawn by the owner or owners of the benefited property making the protest, either in writing or by oral request, which oral request shall be spread upon the minutes of the hearing.

(Ord. No. 2045, § 2, 9-16-91)

At the hearing the Council may, of its own volition, or in response to any protests made, heard or considered, modify the formula or formulae upon which the reimbursement charge or charges is or are based, the excess costs, the amount of the reimbursement charge or charges, the apportionment of the costs of the improvements (as determined in part by appraisal in the case of acquisition of improvements or with reference to the bid of the proposed lowest responsible bidder reported to the Council at the hearing in the case of construction of the improvements) between the supplemental improvements and the improvements necessary to serve the applicant's property, the amount or extent of the supplemental improvements, and the extent or boundaries of the benefit area, including the inclusion or exclusion of property within said area. If any such modification provides for the inclusion of benefited property not originally included within the benefit area or increases the reimbursement charge payable with respect to any benefited property, the council shall not make a final determination in the matter of such modification unless the matter has been set for hearing at a subsequent meeting of the Council, which it shall call or to which it may adjourn; provided, that the Council shall give notice of the time, place and purpose of said meeting in the same manner in which notice of the original hearing was given at least ten (10) days prior to the subsequent or adjourned hearing. If such modification results in the exclusion of property originally included within the benefit area, results in the reduction of any reimbursement charge or charges, or pertains to a change in the formula or formulae upon which reimbursement charges are based without any resultant increase in any reimbursement charge, no further hearing need be held.

(Ord. No. 2045, § 2, 9-16-91)

If the Council finds that written protests against the granting of the application for a reimbursement agreement, the inclusion or exclusion of property within the benefit area, the costs of the improvements (as determined in part with reference to the appraised value thereof with respect to acquisition of the improvements, or with reference to the bid of the proposed lowest responsible bidder reported to the Council at the hearing in the case of construction of the improvements), the excess costs, the amount of the reimbursement charge, the formula or formulae upon which the reimbursement charge is based, the apportionment of the costs of the improvements between the supplemental improvements and the improvements necessary to serve the applicant's property or the amount or extent of the supplemental improvements, has been made by the owners of more than one-half (½) of the area of the property in the proposed benefit area, no further proceedings shall be taken for a period of six (6) months from the date of the decision of the Council at the hearing, unless the protests are overruled by an affirmative vote of four-fifths (⅘) of the members of the Council. In the event of such termination all costs incurred by the City in conducting the proceedings to the date of termination shall be borne by the applicant. The Council may adjourn the hearing from time to time in consideration of a majority protest.

(Ord. No. 2045, § 2, 9-16-91)

At or before the hearing, any continued hearing, or subsequent hearing, the applicant may elect, in writing, to terminate proceedings. Such written election shall be filed with the City Clerk. The City Clerk shall endorse thereon the date of its receipt, and shall report said election to the City Council. If the applicant elects to terminate proceedings, no further proceedings shall be taken for a period of six (6) months from the date such election was filed with the City Clerk. In the event of such termination all costs incurred by the City in conducting the proceedings to the date of termination shall be borne by the applicant.

(Ord. No. 2045, § 2, 9-16-91)

Upon completion of the hearing and if the proceedings have not been terminated by majority protest submitted pursuant to Section 18.220 or the applicant's election to terminate pursuant to Section 18.221, the Council may adopt a resolution approving the application for a reimbursement agreement, determining the benefit area, approving the formula or formulae for the apportionment of benefits, determining the excess costs, specifying the reimbursement charge, and approving and authorizing execution of the reimbursement agreement.

(Ord. No. 2045, § 2, 9-16-91)

In the case of an application for reimbursement agreement pursuant to which the improvements are to be constructed, upon adoption of the resolution described in Section 18.222, or included as a part of said resolution, the Council shall adopt a resolution accepting the bid of the lowest responsible bidder for the construction of the improvements and approving and authorizing execution of an agreement for said work. The contract for said work shall be entered into and performed in the manner of agreements for the construction of public works of the City, generally, and shall be subject to all requirements thereof, including, but not limited to, the posting of performance security and a payment bond for the benefit of labor and materialmen, provision of insurance, and all other provisions generally pertaining to the performance of public works contracts of the City. If the original bidder neglects, fails or refuses within ten (10) days of notice of award of the contract to enter into the contract, the Council may, without further proceedings, readvertise and receive bids as in the first instance, and award the contract for the work to the lowest responsible bidder upon readvertisement. Notwithstanding the foregoing, if the Council determines that it is not in the public interest to readvertise, or, upon readvertisement, determines that it is not in the public interest to accept the bid of the apparent lowest responsible bidder, or if in either instance, no bids are received, the council may terminate the proceedings, and rescind the resolution adopted pursuant to the provisions of Section 18.222. In such event, no further proceedings shall be taken for a period of six (6) months from the date of adoption of the resolution of rescission.

(Ord. No. 2045, § 2, 9-16-91)

The City Clerk shall cause a copy of the resolution adopted by the Council as provided in Section 18.222 to be mailed and published, and notice thereof posted in the same manner as the notice of hearing specified in Section 18.215.

(Ord. No. 2045, § 2, 9-16-91)

The City Clerk shall cause a copy of the resolution adopted by the Council as provided in Section 18.222 hereof, with a description of the property within the benefit area appended thereto, to be submitted to the County Recorder for recordation in the official records of said County.

(Ord. No. 2045, § 2, 9-16-91)

Upon acquisition of improvements pursuant to a reimbursement agreement, title thereto shall vest in the City. Upon completion of construction of improvements and acceptance thereof by the City pursuant to a reimbursement agreement, title thereto shall vest in the City.

(Ord. No. 2045, § 2, 9-16-91)