(A) In conjunction with the planning or development of any property for which a special public improvements project will be constructed, the developer or owner paying the costs of the special public improvements may request the City to enter into an agreement to collect reimbursement amounts from the developers and owners of parcels specially benefitted by the project.

(B) Upon completion of construction of special public improvements the cost of which were financed by bonds issued by the City or a community facilities district, including improvement or assessment bonds or private development funds, the City may impose upon and collect reimbursement amounts pursuant to the terms of this article.

(C) The City Council or its designee shall be authorized to enter into reimbursement agreements under this article for the purpose of reimbursing the party or parties paying the cost of the special public improvements where the costs for such special public improvements exceed the proportionate share of the parties paying for the special public improvements. The agreements shall become effective when recorded in the office of the Maricopa County Recorder.

(D) No improvements constructed pursuant to this article shall be subject to both reimbursement agreements under this article and assessments pursuant to law.

(E) Any costs advanced by the party or parties paying for special public improvements or for the general public benefit which all or part of such improvements are provided for in the City’s Capital Improvement Program ("CIP") Master Utility Service Plans and/or Impact Fee Ordinances shall be reimbursed to the party or parties paying of such improvements through Impact Fee Credits. Any portion of the cost for special public improvements or improvements which benefit the general public which is not provided for in the City’s CIP shall be reimbursed to the party or parties who incurred the cost through a reimbursement agreement with the City. (Ord. 03-853, passed 8-11-2003; Am. Ord. 04-903, passed 6-14-2004)