Chapter 17.70 — PUBLIC IMPROVEMENT REIMBURSEMENTS

The public interest, health and general welfare of the city and its inhabitants require:

A.

That construction of sanitary sewer, water, utilities, and storm drainage facilities, and street paving, including curbs and gutters, take place at such time as there are occupied lands to be served thereby;

B.

That when such facilities are constructed, such shall be so sized and located as to become an integral part of the planned sewer, water, utility, storm drainage and street systems of the city;

C.

That such construction and such sizing and location shall not be delayed until all lands ultimately to be served by such facilities are occupied;

D.

That, therefore, either the city and/or the owners of only a portion of the lands to be currently served by such facilities sometimes pays the entire costs of such facilities, notwithstanding ;that a proportionate share of such costs should be borne by other lands that will in the future be served by such facilities.

Under such circumstances, the city has heretofore entered, and intends hereafter to enter, into agreements providing for the collection from the owners of such other lands their proportionate share of the costs of such facilities attributable to such other lands, and reimbursement from amounts so collected to city and/or the owners of land who originally paid the entire costs of such facilities. The charges established in Section 17.70.020 are intended to provide for such collection and reimbursement.

(Ord. 593 § 1(part), 1991)

In addition to all other charges established by the ordinances, rules and regulations of the city, there are hereby established, with respect to the facilities specified in Section 17.70.030, special charges in amounts determined pursuant to section 17.70.040, payable by the owners of certain lands, as determined pursuant to Section 17.70.050, prior to filing of a final subdivision map, issuance of a building permit, connection to a sanitary sewer, water or storm drainage facilities, or occupation of buildings, whichever first occurs with respect to such lands or buildings located or to be located thereon.

(Ord. 593 § 1(part), 1991)

The facilities to which the special charges are applicable shall be those described in each of the reimbursement agreements identified in Section 17.70.060.

(Ord. 593 § 1(part), 1991)

For each of the facilities described in the reimbursement agreements identified in Section 17.70.060, respectively, the special charges shall be in the amounts provided in, or determined in accordance with, the provisions of such reimbursement agreements, respectively.

(Ord. 593 § 1(part), 1991)

The special charges determined in accordance with the provisions of the reimbursement agreements identified in Section 17.70.060 will be adjusted annually by the Engineering News Record Construction Cost Index for the previous twelve months. The adjustment will be made following January 1 of each year.

(Ord. 593 § 1(part), 1991)

The special charges for each of the facilities described in the reimbursement agreements identified in Section 17.70.060, respectively, shall be payable by the owners of the lands described, or within the area described in such reimbursement agreements, respectively.

(Ord. 593 § 1(part), 1991)

Upon determination of applicable facilities, amounts of special charges and applicable lands for which land owners shall pay special charges, said land owners will be notified fourteen days in advance, through registered U. S. mail of a public hearing before the city council regarding said special charges. On completion of public hearing, the city council will determine the final special charges through adoption of a resolution allocating facility costs to land owners and approve applicable reimbursement agreements.

(Ord. 593 § 1(part), 1991)

17.70.060 - Identification of reimbursable agreements.

The reimbursement agreements referred to in this chapter, each of which is on file in the office of the city clerk, shall be identified in the Master Resolution of Reimbursement Agreements, revised from time to time as reimbursement agreements are added, and hereby made a part of this chapter by reference.

(Ord. 593 § 1(part), 1991)