Prior to the adoption of Ord. 2001-19 on 10/03/2001, Section 16.58.205 read as follows.

1. Developers required to install public improvements costing more than $5,000 may apply to the City for reimbursement for recovery of a pro-rata share of the cost of constructing the public improvements from subsequent developers that will use or benefit from the public improvements and did not share in their cost. An application for reimbursement shall, however, be limited to reimbursement for public improvements which lie within the City limits and shall be limited to a reimbursement period of ten (10) years from the date of the agreement. ~~not include reimbursement for any public improvements from developments approved ten (10) or more years from the date of final acceptance of the public improvements by the City.~~

2. The application for reimbursement shall be made within sixty (60) days from the date of final acceptance of the public improvement by the City. The application shall include the administrative fee and be made on a form approved by the City Attorney, and shall include the following information:

b. An engineer's written estimate of the cost of the public improvements, or an affidavit of the actual cost of' the public improvements plus copies of receipts or paid invoices. Either document must be approved by the City Manager or designee.

3. A developer shall not be entitled to any reimbursement from a subsequent developer unless a properly completed application for reimbursement is filed in the office of the City Manager.

4. An application for reimbursement is not retroactive and may not seek reimbursement for uses or land development activities which exist as of, or have been approved by the City Council prior to, the application date. However, this Section expressly recognizes all developer extension agreements properly completed and duly executed prior to the effective date of this ordinance, and further recognizes all reimbursement duties created by Vernal City ordinances prior to the effective date of this ordinance.

5. After an application for reimbursement is filed, the applicant shall be under an affirmative duty to notify the City in writing of the identity of any subsequent development which the applicant has knowledge or reason to believe is using or benefitting from public improvements installed by the applicant and whether and to what extent the subsequent developer should share in the pro-rata cost of the public improvements.

6. When a subsequent development will actually use or benefit from the public improvements installed by the applicant and the applicant has complied with the provisions of this Section, the City will make a reasonable effort to collect the subsequent developer's pro-rata share of the costs of the public improvements plus ten (10%) percent administrative fee (10% of developers pro rata share) as per the reimbursement agreement required by Section 16.58.~~050~~205 of this code. The City will forward all collected fees to the applicant, minus any amounts of the ten (10%) administrative fee collected.

7. The City reserves the right to refuse any incomplete application for reimbursement. All completed applications for reimbursement shall be made on the basis that the applicant releases and waives any claims against the City in connection with establishing and enforcing reimbursement procedures. The City shall not be responsible for locating any beneficiary, survivor, assign, or other successor in interest entitled to reimbursement. Any collected funds unclaimed after one (1) year from the expiration of the agreement shall be returned to parties making payment to the City, minus the ten (10%) administration fee. Any remaining undeliverable funds shall be credited to the City corresponding to the public improvements for which the funds were collected, as determined by the Finance Director.

2. Reimbursement agreements required by Section 16.58.~~050~~205 of this code shall be on a form approved by the City Attorney, and shall include the following information:

a. A description by a subsequent developer of all known public improvements which exist, or have been approved by the City Council, which will be used by or benefit the subsequent developer's proposed use or land development activity, and the identity of the developer who installed, or is anticipated to install, the public improvements. A subsequent developer will be deemed to have known about the public improvements if, upon affirmative and reasonable inquiry, the subsequent developer could have known of the existence of the public improvements.

4. Properly executed reimbursement agreements shall be recorded by the executing developer at the office of the County Recorder. Verification of recordation shall be provided by the executing developer to the City Attorney.