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City Council Regular Meeting Agenda packet 1-9-25
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City Council Regular Meeting Agenda packet 1-9-25
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/9/2025
DESTRUCT DATE
15Y
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Ordinance No. 2289 <br /> <br />5. The city council may elect, in its absolute discretion, to provide reimbursement at a <br />faster rate than provided in this section, based upon fees collected and available. <br />6. The reimbursement shall be paid one time each calendar year. <br />7. The right to reimbursement shall not run with the land, but shall be personal to the <br />developer. The developer may assign his or her right to reimbursement to another by <br />filing a written notarized assignment with the city clerk. It is the developer's or <br />assignee's responsibility to keep the city clerk advised of a current address. If the city <br />cannot locate a developer or assignee to send a reimbursement payment after reasonable <br />diligence, the amount of the reimbursement for that year is forfeited, and the unclaimed <br />funds shall be returned to the capital facilities fee fund. <br /> <br />B. Calculation of Credit. <br />1. General. <br />a. The community development director, or designee, ("director") shall calculate the <br />amount of credit to be given based upon the approved improvement plans and <br />using cost estimates (which are based on recent city project bids for similar work). <br />The cost of any right-of-way to be purchased shall be based upon an appraisal done <br />by a licensed appraiser, approved by the city, at the developer’s expense, with said <br />costs eligible for credit. <br />b. For nonstandard improvements, the credit shall be calculated based on information <br />provided by the developer (such as bids or other documents verifying costs) for the <br />community development director's review and approval. <br />c. The calculation of costs shall be based only on work which is eligible for credit <br />under subsection A of this section. No credit shall be given for the cost of <br />constructing improvements otherwise required by direct development pursuant to <br />Titles 18, 19, and 20 of this code. The amount of credit includes construction costs <br />and the cost of engineering. <br />2. Assessment Districts, Benefit Area and Community Facilities Districts. If development <br />occurs within an assessment district, fee benefit area, community facilities district, or <br />otherwise is subject to an assessment, fee or special tax collected specifically to defray <br />the costs of providing or constructing public facilities, the amount of credit is equal to <br />that portion of the estimated construction cost of the public facilities included in the <br />assessments, fees or special taxes which will be contributed by the development. <br />C. Reimbursement When Credit Exceeds Fee. When the amount of credit exceeds the amount of <br />the developer's capital facilities fee, the developer may be eligible for reimbursement of costs <br />under Section 3.22.090 of this chapter. <br />D. How and When Credit is Given. <br />1. If a developer is eligible for credit, the community development director shall calculate <br />the credit pursuant to subsection B of this section, and determine the number of <br />residential units or residential square footage, or office, commercial/retail, or <br />industrial/warehouse square footage for which developer shall receive a credit. No <br />Page 28 of 638
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