2.20.035 City Council Action.
A. After the public hearing, the City Council shall approve, reject or modify the recommendations contained in the City Engineer’s report. The City Council’s decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer’s report as approved or modified.
B. When the applicant is other than the City, the resolution shall instruct the City Manager to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement shall be contingent upon the improvements being accepted by the City. The agreement, at a minimum, shall contain the following provisions:
1. The public improvement(s) shall meet all applicable City standards.
2. The estimated total amount of potential reimbursement to the applicant.
3. The applicant 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 district. The applicant shall acknowledge that the City is not obligated to collect the reimbursement fee from affected property owners, and that the applicant 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.
4. Other provisions that the Council determines appropriate to carry out the provisions of this chapter.
C. If a reimbursement district is established by the City Council, the date of the formation of the district shall be the date that the City Council adopts the resolution forming the district.
D. The City Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for financing the construction of a street, water or sewer improvement within the reimbursement district. [Ord. NS-2182, 2012]