§ 66-194. Reimbursement for dedication or improvement of portions of roadway facilities in advance of the schedule in the capital improvement program.

(a)

Upon application by the property owner or the owner's authorized agent, the Director shall enter into a reimbursement agreement authorizing reimbursement for dedication of or construction on the owner's land, or both, after the effective date of the ordinance adding this section, of the portion which exceeds 18 feet in width of any roadway facility designated in the Capital Improvement Program to be constructed using fees, when such dedication or construction is done prior to the fiscal year for which construction of the facility is scheduled in the Capital Improvement Program. The agreement shall set forth the amount to be reimbursed and the time and manner in which payments are to be made, and shall require reimbursement only from the district roadway account for the fee district within the roadway facility and land are located.

(b)

The amount of reimbursement shall be the estimated cost of the dedication or construction as determined by the Department using standard cost schedules approved by the Board annually but not to exceed the cost contained in the Capital Improvement Program, as periodically updated. The time of reimbursement shall be the end of the fiscal year in which the facility is scheduled for construction in the Capital Improvement Program.

(c)

By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the development fees in the manner and amount specified by this chapter.

(d)

Where a facility is proposed for construction by the property owner within six (6) months prior to the beginning of the fiscal year for which it is scheduled for construction in the Capital Improvement Program, the Director at the Director's discretion may either (1) provide the property owner with a credit after the property owner has provided security required by Section 16.87.150(c)(2) [66-193(c)(2)], or (2) enter into a reimbursement agreement with the property owner pursuant to this section.

(e)

If the Director enters into an agreement authorized by subdivision (a) of this section, the agreement shall provide that: (1) the general fund of the County is not liable for payment of any obligations arising from the agreement; (2) the credit or taxing power of the County is not pledged for the payment of any obligations arising from the agreement; (3) the landowner shall not compel the exercise of the County taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and (4) the obligation arising from the agreement is not a debt of the County, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, or revenues, and is payable only from the development fees deposited in the appropriate district roadway account.

(Ord. No. 97-01, § 2(16.87.160), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)