Reimbursement, credit and refund.
San José Municipal Code § 18.20.250
in effect18.20.250 - Reimbursement, credit and refund.
A. In the event the city council agrees to accept construction in lieu of facilities benefit assessments as provided by Section 18.20.230 the value of which the city council finds is greater than the amount of the otherwise applicable facilities benefit assessments, the council may enter into an agreement with a developer pursuant to which said developer may be credited or reimbursed for the amount of the otherwise applicable facilities benefit assessments. The determination to treat the in lieu construction as a credit shall be at the sole discretion of the city council. Unless a credit has been authorized, the agreement shall set forth the amount to be reimbursed, and the time and manner in which payments shall be made only from revenues paid into the special fund created for the area of benefit. If no funds are available to reimburse the developer, the developer shall be placed on a prioritized list for reimbursement.
B. Upon termination of an area of benefit as provided in Section 18.20.240, any money remaining in the special fund established in connection therewith shall be expended for the general benefit of the area of benefit.
(Ord. 24187.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT18LOPL_CH18.20SPPL_PT2SPPLBEAS_18.20.250RECRREFetched: 11/1/2026