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A. The City Manager shall review a request for the establishment of a Reimbursement District and determine whether a district should be established. The City Manager may request the submittal of any other relevant information from the applicant in order to assist in this evaluation. If the Manager determines that formation of a Reimbursement District is appropriate, the Manager shall prepare a written report that:

1. Explains why the applicant is qualified for reimbursement pursuant to WVC Article 3.20.

2. Establishes the area of the Reimbursement District, the district formation date and the date when the right of reimbursement ends.

3. Sets forth the actual or estimated cost of the street, water, surface water management or sewer improvements and the portion of the cost for which the applicant should be reimbursed.

4. Establishes a methodology for spreading the cost among the properties within the Reimbursement District and, where appropriate, defining a "unit" for applying the reimbursement charge to property that may, with City approval, be partitioned, adjusted or subdivided at some future date. The methodology should consider the cost of the improvements, prior contributions by property owners, the value of the unused capacity, rate making principles employed to finance public improvements, and other factors deemed relevant by the City Manager. Prior contributions by property owners shall only be considered if the contribution was for the same type of improvement and at the same location.

5. Establish the reimbursement charge for the district.

6. Direct that a certificate of payment and right of reimbursement be issued to the district applicant.

B. Determining Reasonable Actual Costs. The applicant shall not be entitled to reimbursement for any costs in excess of reasonable actual costs. If the Reimbursement District is formed before actual costs are known, the City Manager's report may be based on estimated costs. If estimated costs are used, the methodology or the certificate of payment or both shall provide for a recalculation of the cost no later than three months after completion and acceptance of the improvement by the City. An applicant shall demonstrate actual costs by submitting contracts, invoices or such other documentation as the City Manager deems sufficient. Actual costs shall not be deemed reasonable if the City Manager determines that such costs significantly exceed prevailing market rates for similar projects. In such a case, the City Manager may reduce the reimbursable costs to the prevailing market rate for similar projects. In addition, the following costs shall not be subject to reimbursement:

1. Costs for that portion of the improvement that benefits the applicant's own property.

2. Costs for improvements that are not dedicated to and accepted by the City as a public improvement.

3. Costs for a public improvement that is required as a condition of development approval, except in cases where the nature and degree of the public improvement is disproportionate to the impacts of the development or where the City desires an oversized or additional improvement beyond that which is roughly proportional to the impacts of the development.

4. Costs other than the costs of construction, including the acquisition and condemnation costs of acquiring additional right-of-way and/or easements, the actual cost of permits, engineering and legal services as demonstrated by invoice, and the estimated annual percentage increase in such costs over the ten (10) years that the Reimbursement District will be in effect.

5. Costs for relocation of electrical, telephone, cable television or natural gas utility relocation benefiting an applicant's property.

6. Costs for extra work or materials required to correct deficiencies in construction to bring the improvement to City Standards.

7. Costs for sanitary sewer, surface water management facilities, water or street improvements that are the minimum size necessary to meet City standards and serve an applicant's property.

8. Costs for a minor street realignment, except for the cost of right-of-way acquisition beyond the limits of the applicant's frontage along the improved street.

9. Costs that are fully or partially reimbursed by the City either directly or through SDC credits. If SDC credits are available for the project, such credits must first be sought. If SDC credits are insufficient to reimburse the applicant for the cost of such improvements, the applicant may elect to spread the remaining costs via a Reimbursement District or by transferable SDC credits, but may not do both.

C. If the City Manager determines that a Reimbursement District should not be formed, the Manager shall prepare a written report explaining why the City Manager believes that formation of the Reimbursement District would be inappropriate or does not qualify pursuant to WVC Article 3.20. The report shall be mailed to the applicant along with a written notice that the City Manager's determination may be appealed to the City Council by filing a written notice of appeal within fourteen days of the date of mailing the report and notice. The notice of appeal shall be in writing, shall explain why the City Council should reverse or modify the decision of the City Manager, and shall be accompanied by payment of the applicable appeal fee, if any is established by resolution of the City Council. If a notice of appeal is filed in compliance with all of these requirements, a hearing shall be held and a decision rendered by the City Council as provided in WVC 3.20.050(4).