3.03.060 Council action.
A. After the public hearing held pursuant to BC 3.03.050, the council shall approve, reject or modify the recommendations contained in the city manager’s report. The council’s decision shall be set forth in a resolution. If a reimbursement district is approved, the resolution shall include the city manager’s report as approved or modified, and specify that payment of the reimbursement fee for each property in the reimbursement district is a precondition of receiving any city development permits, building permits or other permits necessary to develop the property as provided for in BC 3.03.100.
B. The resolution shall establish an interest rate to be applied to the reimbursement fee as a return on the investment for the developer. The interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound.
C. The resolution shall instruct the city manager to enter into an agreement with the developer regarding the public improvement(s), unless the developer is the city. If the reimbursement agreement is entered into prior to construction, the reimbursement agreement shall be contingent upon the improvements being accepted by the city. The agreement shall include at least the following:
1. The public improvement(s) shall meet all applicable city regulations and standards.
2. The total amount that may be reimbursed to the developer.
3. The total amount of reimbursement shall not exceed the developer’s actual cost of the public improvement(s), subject to the limitation of BC 3.03.040(B).
4. The developer must guarantee the public improvement(s) for the city’s required maintenance period, which begins after the date of the city’s acceptance.
5. A clause in a form acceptable to the city attorney stating that the developer shall defend, indemnify and hold harmless the city from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the city’s establishment of the reimbursement district including any city costs, expenses and attorney fees related to collection of the reimbursement fee should the council decide to pursue collection of an unpaid reimbursement fee under BC 3.03.150(B). The developer shall acknowledge that the city is not obligated to collect the reimbursement fee from affected property owners, and that the developer assumes all risk of every kind that the amount reimbursed may not be as much as anticipated, or that any particular reimbursement fee may not be collected by the city. The applicant has a private cause of action for collection of a reimbursement fee against any person obligated to pay a reimbursement fee, and the applicant shall bear the entire cost of an action to collect the reimbursement fee, without any right to contribution by the city.
6. A clause in a form acceptable to the city attorney stating that the developer agrees the city is not liable for any of the developer’s alleged damages, including all costs and attorney fees, under the reimbursement agreement or as a result of the formation or administration of the reimbursement district, and that the developer waives any claim, suit or other action of any kind against the city, including a claim of inverse condemnation, because the developer has benefited by the city’s approval of its development and the required improvements.
7. Other provisions the city determines necessary and proper to carry out the provisions of this chapter.
D. If a reimbursement district is established by the council, the date the district is formed is the date that the council adopts the resolution forming the district. [BC 3.03.060, added by Ordinance No. 4834, 1/17/23]