3.25.060 Application – Process.
A. For each public street or utility system improvement the applicant is required to construct that is determined by the city engineer to be eligible for a payback agreement, the applicant may apply to the city to establish a payback agreement. For eligible projects, a complete payback agreement application must be received before execution of the FAC extension agreement, or the applicant will be deemed to have waived the right to request a payback agreement.
B. The application to enter into a payback agreement must include all the following items:
1. A nonrefundable application fee in the amount specified in the city’s fee schedule.
2. An estimate of all costs of the project including, but not limited to, design engineering, permitting, property acquisition, construction engineering, contract administration, surveying, and construction costs associated with the system improvements.
3. A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within that area and including the applicable amount of area and/or front footage of the property. The map will identify the location of the project in relation to the parcels of property in the area.
4. A preliminary assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each parcel of property within the area. The payback reimbursement charge to other properties will be based on the total project cost, figured on a front foot or area assessment basis, or other equitable method, as determined by the city, or any combination of these methods at the reasonable discretion of the city engineer.
5. A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each owner.
6. The applicant’s acknowledgement that a street payback agreement may extend for a period of up to 15 years (unless extended as provided for by statute), and a utility payback agreement may extend for a period of not less than 20 years (unless extended as provided for by statute), from the date of final acceptance by the city and the recovery shall be assigned to run with the land.
7. The applicant’s acknowledgement that approval of the payback agreement will be conditioned on the applicant agreeing to waive any claims for liability of the city in establishment and enforcement of payback agreements, including an acknowledgement that the city is not responsible for locating a beneficiary or survivor.
8. The applicant’s acknowledgement that it must provide sufficient security to ensure to complete the improvements. (Ord. 6742 § 1 (Exh. A), 2019; Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)