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NS-1631
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Last modified
1/3/2012 1:04:13 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1631
Date
5/17/1982
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ORDINANCE NO. NS-1631 <br />PAGE FOUR <br /> <br />(1) <br /> <br />The party entering into the agreement <br />with the City shall be required to pay <br />to the City a specified amount represent- <br />ing the present costs of installation of <br />the improvements. <br /> <br />(2) <br /> <br />The City shall have the right to install <br />the improvements thereafter at such time <br />as the City shall deem appropriate, in <br />which event neither the party entering <br />into the agreement nor any other person <br />shall either be obligated to pay any <br />additional amount for the costs of such <br />improvements or be entitled to any refund <br />of any portion of the amount paid, except <br />as provided in (4) below. <br /> <br />(3) <br /> <br />In the event that the required improvements <br />are subsequently installed by a person or <br />entity other than the City, the party <br />entering into the agreement, or his heirs, <br />devisees, assigns, or duly authorized <br />agent, or such other persons or entity <br />as may be designated in the agreement, <br />shall be entitled to a refund of the <br />amount paid; provided, however, that no <br />refund shall be made until all required <br />improvements have been installed in accord- <br />ance with City standards and specifications <br />unless otherwise specified in the agreement. <br /> <br />(4) In the event that any part of the required <br /> improvements are subsequently included <br /> within the scope of public improvements to <br /> be installed pursuant to special assessment <br /> district financing, or similar limited fund <br /> financing procedure, the party entering into <br /> the agreement, or his heirs, devisees, <br /> assigns, or duly authorized agent, or such <br /> other person or entity as may be designated <br /> in the agreement, shall be entitled to a <br /> refund in an amount which bears the same <br /> proportion to the amount paid under the <br /> agreement as the costs of the required <br /> improvements included within the scope <br /> of the publicly financed improvements <br /> bears to the total costs of the required <br /> improvements; provided, however, that <br /> the agreement may apportion the costs of <br /> the required improvements according to <br /> type or location and may provide for the <br /> amount of the refund to be credited to <br /> any assessment levied against the subject <br /> parcel in lieu of refund. <br /> <br /> (5) In no event shall any person or entity <br /> other than the City be entitled to <br /> receive any amount representing interest <br /> on the amount paid to the City pursuant <br /> to the agreement. <br /> <br /> Upon execution of such agreement and payment of <br />the amount specified therein, a building permit or utility <br />release subject to Section 33-47 may be issued. <br /> <br /> <br />
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