HomeMy WebLinkAbout4156 Ordinance ORDINANCE NO. 641c`t'
AN ORDINANCE of the City of Pasco, Washington, Amending
Chapter 14.12 "Street and Utilities Assessment Reimbursement Agreements-
Latecomers Agreements"; and Amending Section 13.36.040 "Extension of
Lines - Installation by Requesting Party"; Repealing Section 13.36.050
"Installation Costs - Reimbursement of Costs by Subsequent Users"; and
Amending Section 3.07.180 "Fee Summary"
WHEREAS, the City has established an application and procedure for Development
Reimbursement (Latecomer) Agreements to encourage property Developers to install City
utilities and roadways; and
WHEREAS, the Washington legislature, effective July 1, 2014, made substantial
revisions to the statutory requirements for reimbursement agreements for utilities and to
incorporate these changes within the consolidated procedure adopted by the City for
Development Reimbursement Agreements, it is necessary for Chapter 14.12 of the Pasco
Municipal Code to be amended and updated, Section 13.36.040 of Pasco Municipal Code to be
amended, and Section 13.36.050 of the Pasco Municipal Code to be repealed to be consistent
with the consolidated procedure under this Ordinance. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 14.12 entitled "Street and Utilities Assessment
Reimbursement Agreements - Latecomers Agreements" of the Pasco Municipal Code, shall be
and hereby is amended and shall read as follows:
14.12.010 PURPOSE. The purpose of this Chapter is to provide , the
conditions and procedures under which Developers, including the City, who installed qualifying
improvements requisite for future development and pursuant to the City's development
ordinances and policies, may be partially reimbursed for the expenses of such improvements by
noncontributing benefited owners of adjacent properties, - . - _ . . . - in compliance
with Chapters 35.72 and 35.91 RCW, ., . - -. . . _ _ . , - - -
This Chapter is intended to apply to . . - . _ - •-- _ • - - - „ : . -
. ! ., _ _. .' - - - -- •. . _ . . - .
City's Subdivision Code, Zoning Code and Comprehensive Plan, are hereby declared to be
A) Street Improvements: Street improvements include all arterial street system
improvements which are the result of a City ordinance that requires such improvements as a
prerequisite to further property development. Arterial street system improvements constructed in
order to comply with the City's subdivision and zoning codes and the City's Comprehensive
Plan, are hereby declared to be prerequisites to further property development for the purposes of
RCW 35.72.010.
B) Utility System Improvements: Utility system improvements include all utility
system improvements which are the result of a City ordinance that requires such improvements
as a prerequisite to further property development. Utility system improvements constructed in
order to comply with the City's Comprehensive Plan, development regulations, and permitting
requirements are hereby declared to be prerequisites to further property development within the
City, or as provided in RCW 35.91.020. (Ord. 3709 Sec. 1, 2004).
14.12.020 DEFINITIONS.
A) "Adjacent" means abutting on public roads, streets, right-of-way or easements in
which street system improvements are installed or directly connecting to street system
improvements through an interest in real property such as an easement or license.
B) "Assessment" means an equitable pro rata charge to be paid by an owner of
property within the assessment reimbursement area for the cost of private construction of public
street and/or utility system improvements made pursuant to a Developer Reimbursement
Agreement.
C) "Assessment reimbursement area" means that area which includes all parcels of
real property adjacent to street system improvements or likely to require connection to or service
by utility system improvements constructed by a Developer.
D) "Cost of construction" is the sum of the direct construction costs incurred to
construct the street and/or utility system improvements plus the City latecomer administrative
fee. "Direct construction costs" include environmental mitigation, relocation and/or new
construction of private utilities as required by the City (i.e., power, telephone, cable and gas),
relocation and/or installation of street lights, relocation and/or installation of signage, acquisition
of right-of-way and/or easements and the actual labor and material construction costs incurred by
the Developer.
E) "Developer" is the individual or entity that contracts with the City for the
construction of street and/or utility system improvements, where such improvements are a
requirement for development of real property owned by such entity or individual. As permitted
by RCW 35.72.050 and RCW 35.91.020, the City, or other public entity, may join with or be
construed as a "Developer" for the purpose of recovery of road or street or utility system
improvement costs.
F) "Developer Reimbursement Agreement" means a written agreement between the
City and one or more Developers providing partial reimbursement for cost of construction of
street system improvements and/or utility system improvements to the Developer by owners of
property who are likely to utilize the improvements and who did not contribute to the original
cost of construction. Where the City has elected an alternative financing maintenance method as
provided in RCW 35.72.050 or RCW 35.91.020, the Developer Reimbursement Agreement shall
be between the City, as the Developer, and the adjacent property owners for the construction or
improvement of street system or utility system improvements within the City.
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 2
G) "Direct connection" means a service connection, to be owned and maintained by
the property owner and not the City, from existing or new utility improvements.
H) "Latecomer fee" means a charge collected by the City against a real property
owner who:
1) Connects to or uses the utility system improvement where fees are
separately stated, or is a part of a connection fee or other fee for providing access to the
City's utility system;
2) Receives a building or development permit for real property located
adjacent to, or having access to the street system improvement constructed under this
Chapter; or
3) Receives a building or development permit for real property located within
the assessment reimbursement area which is subject to an Agreement created under this
Chapter.
14I) "Street system improvements" means public street and alley improvements made
in existing or subsequently dedicated or granted rights of way or easements and any
improvements associated therewith including but not limited to such things as acquisition of
right-of-way and/or easements, design, engineering, surveying, inspection, grading, paving,
installation of curbs, gutters, pedestrian facilities, street lighting, bike lanes, and traffic control
devices, relocation and/or construction of private utilities as required by the City (i.e., power,
telephone, cable and gas), relocation and/or construction of street lights, traffic control devices,
signage and other similar improvements.
IJ) "Utility system improvements" means public water, sewer and storm drainage
system improvements including, as defined by RCW 35.91.015 which shall include, but not be
limited to the acquisition of right-of-way and/or easements, design, engineering, surveying,
inspection, testing, connection fees, and installation of improvements as required by the City and
includes but is not limited to the following,by utility type:
1) Water system improvements including but not limited to such things as
treatment facilities, reservoirs, wells, mains, valves, fire hydrants, telemetry systems,
pumping stations, and pressure reducing stations;
2) Sewer system improvements including but not limited to such things as
treatment plants, gravity mains, lift stations, force mains, and telemetry systems; and
3) Storm sewer system improvements including but not limited to such things
as water quality structures and systems, detention and retention facilities, and storm water
collection and conveyance facilities. (Ord. 3709 Sec. 1, 2004.)
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 3
14.12.030 APPLICATION FOR DEVELOPMENT REIMBURSEMENT
AGREEMENT.
A) Application Required. An application for Developer Reimbursement Agreement
must be submitted upon a form provided by the City prior to approval by the City.
1) Street system improvement approval shall for the purpose of this Section,
be the date the City authorizes the construction to occur by granting a permit, extension
agreement, or written authorization to proceed; or
2) Utility system improvement approval shall for the purpose of this Section,
be the date the City authorizes execution of an utility extension agreement, or written
authorization to proceed.
3) Such application shall contain the following information which shall be
approved by a State of Washington licensed engineer:
a) A legal description of the Developer's property.
b) A legal description of the properties within the Developer's
proposed Assessment Reimbursement Area together with the names and
addresses of the owners of such property as shown on the records of the
Assessor's Office of Franklin County.
c) Vicinity maps of Developer's property.
d) The Developer's proposed Assessment Reimbursement Area and
general location of the system improvements to be included.
e) The Developer's proposed allocation of the costs of construction to
the individual properties within the proposed Assessment Reimbursement Area
and the method used for such allocation.
f) Construction drawings or as-built drawings as required by the
Public Works Department.
B) Street System Improvements.
as a prerequisite for further property development or to construct or make improvements
to the water and sewer facilities system to serve the real property of the developer, within
Reimbursement AgreementAt the Developer's request, by written application, the City
may enter into a Developer Reimbursement Agreement for the construction of qualifying
street system improvements required as a prerequisite for further property development in
order to recover a pro rata share of the costs of construction from other property owners
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 4
that will later derive a benefit from the street and/or utility system improvements made by
Developer.
B) The City shall not permit a Developer Reimbursement Agreement under
this Chapter until determination has been made by the City for payment of utility
oversizing costs or reimbursement of the developer for the construction costs of all or a
portion of the improvements. The oversizing costs for utilities shall bo defined as the
costs of the materials only. The additional excavation, up to two foot in depth, shall be
considered incidental to the material oversize cost and not be eligible for reimbursement.
E2) Developer Reimbursement Agreements for road or street construction
shall meet the following criteria:
-1-a) New street or reconstruction of existing streets shall meet the
Arterial Street Standards to include concrete curb and gutter; or
2b) Partial new street construction or reconstruction of an existing
street shall meet City Arterial Street Standards - - - - - -• '-• : : _ --
consist of a 28 foot width of ACP with 2 foot gravel shoulders on streets that do
not abut real property owned by the Developer.
c) Unless the City provides written notice to the Developer of its
intent to request a comprehensive plan approval, the Developer must request a
comprehensiveplan approval for street system improvements, if required.
d) Acceptance of the street system improvement must be conditioned
upon:
(i) Construction of the street system improvements according
to the plans and specifications approved by the City;
(ii) Inspection and approval of the street system improvements
by the City;
(iii) Transfer to the City of the street system improvements,
without cost to the City, upon acceptance by the City of the street system
improvements;
(iv) Full compliance with the Developer's obligations under the
Agreement and with the City's rules and regulations;
(v) Provision of sufficient security to the City to ensure
completion of the street system improvements and other performance
under the Agreement;
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 5
(vi) Payment by the Developer to the City of all of the City's
costs associated with the street system improvements including, but not
limited to, engineering, legal, and administrative costs;
(vii) Verification and approval of all Agreements and costs
related to the street system improvements; and
(viii) Within one hundred twenty days of acceptance by the City
of the street system improvements, the Developer must submit the total
costs of the street system improvements to the City. This information will
be used as the basis for determining reimbursements by future users who
benefit from the street system improvements, but who did not contribute to
the original cost of such improvements.
D) - - . . . ' . . _ . . _ • _ _
:J•
conveyed to the City by final plat approval, a deed of conveyance or other equivalent
forms prepared by the Public Works Department and shall be accompanied by all City
1) A legal description of the Developer's property.
2) A legal description of the
g properties within the Developer':,
Franklin County.
3) Vicinity maps of Developer's property.
-- _ • . ' - - •• . • - _ • - . . _ .
5) Itemized cost data approved by a State of Washington licensed
engineer for the cost of construction.
6 The Developer's proposed allocation of the cost of construction to
7) Construction drawings or as built drawings as required by the
Public Works Department.
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 6
C) Utility System Improvements.
1) At the Developer's request, by written application, the City will
enter into a Developer Reimbursement Agreement for the construction or
improvement of qualifying utility system improvements or facilities in order to
recover a pro rata share of the costs of the construction of such improvements or
facilities from other property owners that will later connect to and derive a benefit
from the improvements made by a Developer.
2) Developer Reimbursement Agreements for utility system
improvements shall meet the following criteria:
a) Utility system improvements constructed or improved in
accordance with this subsection must be located within the City's
corporate limits or, except as provided otherwise by this subsection, within
ten miles of the City's corporate limits.
b) Unless the City provides written notice to the Developer of
its intent to request a comprehensive plan approval, the Developer must
request a comprehensive plan approval for utility system improvements if
required
c) Connections of the sewer water facility to the municipal
system must be conditioned upon:
i) Construction of the utility system improvements
according to plans and specifications approved by the City;
ii) Inspection and approval of the utility system
improvements by the City;
iii) Transfer to the City of the utility system
improvements, without cost to the City, upon acceptance by the
City of the utility system improvements;
iv) Full compliance with the Developer's obligations
under the Agreement and with the City's rules and regulations;
v) Provision of sufficient security to the City to ensure
completion of the utility system improvements and other
performance under the Agreement;
vi) Payment by the Developer to the City of all of the
City's costs associated with the utility system improvements
including, but not limited to, engineering, legal, and administrative
costs;
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 7
vii) Verification and approval of all Agreements and
costs related to the utility system improvements; and
viii) Within one hundred twenty days of the completion
of utility system improvements, the Developer must submit the
total cost of the utility system improvements to the City. This
information will be used as the basis for determining
reimbursements by future users who benefit from the water or
sewer improvements, but who did not contribute to the original
cost of such improvements.
3) The City shall not permit a Developer Reimbursement Agreement
under this subsection until determination has been made by the City for payment
of utility oversizing costs or reimbursement of the Developer for the construction
costs of all or a portion of the improvements.
4) Except as provided in subsection 3) above, all costs of the
construction of the improvements and facilities of utility system improvements,
shall be borne by the Developer.
ED) The Public Works Department • - - . . . . ..- shall within twenty-eight
(28) days after receipt of the request, provide the Developer written notice whether the
application is complete and, if incomplete, what must be done for the application to be
considered complete. The applicantDeveloper shall within thirty (30) days from the date of the
written notice, respond and provide the information required to complete the application or, if the
applicantDeveloper cannot submit the required information within the thirty (30) day period, the
er shall provide the City a written explanation of why they cannot provide the
information within the designated time period and a date that the requested information will be
submitted. In its discretion, the Public Works Department may grant the applicantDeveloper an
extension of not more than sixty (60) days to submit the required information. If the
applicantDeveloper fails to meet the foregoing time frame, the Public Works Department may, in
its discretion, reject the application as untimely.
EE The Public Works Director shall establish policies and procedures for processing
applications and complying with the requirements of this Ordinance.
F) The City, prior to approval, shall provide notice of the City's intent to participate
in the funding of the improvements either under RCW 35.72.050, RCW 35.91.020, or under
subsection B)(3) above. (Ord. 3709 Sec. 1, 2004.)
14.12.040 PRELIMINARY DETERMINATIONS. The Public Works Department shall
formulate a preliminary assessment reimbursement area and preliminary assessment for real
property benefited by the street and/or utility system improvements based on the following and
provide the same to the Developer:
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 8
A) The likelihood that benefited property will be developed within fifteen (15) years
(in the case of street system improvements) or twenty (20) years (in the case of utility system
improvements) from the date of recording effective date of the Developer Reimbursement
Agreement.
B) The likelihood, that at the time of development of the benefited property, such
property will not be required to install similar street and/or utility system improvements because
they were already installed by the Developer.
C) For street system improvements, that benefited parcels are adjacent to such street
system improvements.
D) For utility system improvements, the likelihood:
1) That such improvements will be tapped into or used (including not only
direct connections but also connection to laterals or branches connecting thereto) by
properties within the assessment reimbursement area; or
2) That such properties will receive a special benefit from the utility system
improvements such as, but not limited to pump stations, sewer lift stations, and additional
utility pipe depth to accommodate future utility expansion.
E) An equitable allocation of the cost of construction among the properties within the
assessment reimbursement area, so that each pays for benefits attributable to those
improvements. The method or methods used to calculate the allocation of the assessment maybe
either front footage, number of units, square footage, or may be the zone and termini method or
other recognized methods reasonably calculated to equitably allocate the assessment. (Ord. 3709
Sec. 1, 2004.)
14.12.050 PRELIMINARY DETERMINATION NOTICE.
A) The preliminary assessment reimbursement area and the preliminary assessment
formulated by the Public Works Department, including the preliminary determination of area
boundaries, assessments, and a description of the property owner's rights and options, shall be
sent by certified mail to the property owners of record within the preliminary assessment
reimbursement area.
B) The applicantDeveloper or any property owner within the preliminary assessment
reimbursement area may, in writing within twenty (20) days of the date of mailing the notice,
request a hearing to be held before the City Council to contest the preliminary assessment
reimbursement area and preliminary assessment. Notice of such hearing shall be given to all
property owners within the preliminary assessment reimbursement area and the hearing shall be
conducted as soon as is reasonably practical. The City Council is the final authority to establish
the assessment reimbursement area and the assessment for each property within the assessment
reimbursement area.
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 9
C) In the event no written request for a hearing is received as required, the
determination of the Public Works Department shall be final. (Ord. 3709 Sec. 1, 2004.)
14.12.060 DEVELOPER REIMBURSEMENT AGREEMENT. j
A) Based upon the preliminary assessment reimbursement area and the preliminary
assessment, if no hearing is requested, or based upon the City Council's determination of the
assessment reimbursement area and assessment if a hearing is requested, the Public Works
Department shall prepare and give to the applieantDeveloper a Developer Reimbursement
Agreement.
B) Each Agreement shall include a provision requiring that every two years from the
date the Agreement is executed, the Developer entitled to reimbursement under this section shall
.rovide the Cit with information re ardin• the current contact name address and tele shone
number of the person, company, or partnership that originally entered into the agreement. If the
Developer fails to comply with the notification requirements within sixty days of the specified
time, then the City may collect any reimbursement funds owed to the Developer under the
Agreement. The funds collected under this subsection shall be deposited in the capital
expenditure account of either the City's utility fund or street fund, as appropriate. (Ord. 3709
Sec. 1, 2004.)
14.12.070 CITY AS DEVELOPER. As an alternative to financing projects under this
Chapter solely by a Developer, the City may join in the financing of improvement projects and
may be reimbursed in the same manner as the Developer who participates in the projects. As
another alternative, the City may create an assessment reimbursement area on its own initiative,
without the participation of a private property owner or Developer, finance the costs of the street
or utility improvements, and become the sole beneficiary of the reimbursements that are
contributed. The City will only seek to be reimbursed for the costs of improvements that benefit
that portion of the public who will use the improvements within the assessment reimbursement
area established pursuant to state law. No costs for improvements that benefit the general public
may be reimbursed.
14.12.484070 RECORDING/EFFECTIVE DATE/PAYMENT OF ASSESSMENT/
LIEN FOR NONPAYMENT.
A) The Developer Reimbursement Agreement shall be recorded by the City with the
- . - •- A . : -•- -•- . • - - A - -- ' - . _ _ . •: •effective
upon its execution and recording as provided in PMC 14.12.120.
B) The City shall not issue a building permit or development permit or approval nor
grant permission to use water or sewer service unless the City has received full payment of the
assessment applicable to the property connecting to or using the street and/or utility system
improvements constructed by Developer; provided, if the Developer Reimbursement
Agreement's validity is being challenged, the City reserves the right to issue a permit, approval
or permission without liability or prejudice to the City and without prejudicing the Developer's
rights or remedies under this Chapter or otherwise at law or in equity.
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 10
C) If improvements are made to a property adjacent to a street improvement or if a
property connects to a utility system improvement without payment of an assessment otherwise
due, the amount of such assessment shall be a binding obligation upon the owner of record (and
successors) of the affected property. (Ord. 3709 Sec. 1, 2004.)
D) Failure by a property owner to pay the assessment due within one hundred eighty
(180) days of notice to this effect shall entitle the developer to foreclose against the property in
the same manner as a mortgage, and shall entitle the developer to recover costs and attorney fees.
14.12.080090 SEGREGATION. The Public Works Department shall, upon the request
of any property owner within the assessment reimbursement area, segregate the assessment. The
segregation shall be based upon the same factors applied when the assessments were originally
established. The property owner seeking segregation of the assessment shall pay an
administrative fee, plus any costs and expenses of the City, as set forth in Chapter 3.07 of the
Pasco Municipal Code for such to the City based upon a segregation, calculation and recording
as necessary - - . - - . - . . • -. . - ' . . • ` .• - . (Ord. 3709 Sec. 1,
2004.)
14.12.090100 TERM OF DEVELOPER REIMBUSEMENT AGREEMENTS.
A) Each Developer Reimbursement Agreement shall be valid for a period not to
exceed fifteen (15) y ars from the date of its final execution for:
1) Street system improvements shall be valid for a period not to exceed
fifteen (15) years from the effective date of the Agreement; and
2) Utility system improvements shall be valid for a period not to exceed
twenty(20) years from the effective date of the Agreement.
B) The Developer Reimbursement Agreement may provide for an extension of the
reimbursement periods as provided above, for a time not to exceed the duration of any
moratorium, phasing ordinance, concurrent designation, or other governmental action that
prevents making applications for, or the approval of, anv new development within the benefit
area for a period of six months or more.
C) Upon the extension of the reimbursement period pursuant to this section, the
Agreement must specify the duration of the Agreement extension and must be filed and recorded
with the county auditor. (Ord. 3709 Sec. 1, 2004.)
14.12.4-00110 REMOVAL OF UNAUTHORIZED CONNECTIONS OR TAPS.
Whenever any tap or connection is made into any utility improvement without payment of the
assessment being made as required by this Chapter, the Public Works Department is authorized
to remove and disconnect, or cause to be removed and disconnected, such unauthorized tap or
connection including all connecting tile or pipe located in the right-of-way and to dispose of such
unauthorized material without liability. The owner of the property where the unauthorized
connection is located shall be liable for all costs and expenses of any type incurred to remove,
disconnect, and dispose of the unauthorized tap or connection. (Ord. 3709 Sec. 1, 2004.)
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 11
14.12.110120 CITY ADMINISTRATIVE FEE, COSTS AND RECORDING. The City
shall charge a fee for processing Development Reimbursement Agreements, including
engineering costs and the cost of recording, as identified in Chapter 3.07 of the Pasco Municipal
Code. Developer Reimbursement Agreements and extensions thereof, shall be recorded with the
n Auditor within thirty (30) days of the final execution of the Agreement, and
Franklin County y ( ) y gr ,
shall be binding on owners of record within the assessment area who are not parties to the
Agreement. (Ord. 3709 Sec. 1, 2004.)
14.12.120130 PAYMENT OF DEVELOPMENT REIMBURSEMENT CHARGE. Each
assessment shall be due in its entirety upon connection to or use of a street and/or utility system
improvement by a property subject to an assessment, and shall be paid to the City. The City will
pay over to Developer the amounts collected within sixty(60) days of receipt.
When the assessment for any property has been paid in full, the Public Works Director
shall issue a certification of payment that will release such property from the Developer
Reimbursement Agreement which may be recorded by the owner. (Ord. 3709 Sec. 1, 2004.)
14.12.130140 ENFORCEMENT OF LATECOMER OBLIGATIONS.
A) Nothing in this Chapter is intended to create a private right of action for damages
against the City for failing to comply with the requirements of this Chapter. The City, its
officials, employees, or agents may not be held liable for failure to collect a reimbursement
assessment or latecomer fee unless the failure was willful or intentional. Failure of the City to
comply with the requirements of this Chapter does not relieve the City of any future requirement.
AB) In processing and imposing obligations in this Chapter for reimbursement of
Developers, the City in no way guarantees payment of assessments by latecomers, or
enforceability of assessment, or enforceability of the Development Reimbursement Agreement,
or the amount(s) thereof against such persons or property. Nor will the offices or finances of the
City be used for enforcement or collection of latecomer obligations beyond those duties
specifically undertaken by the City herein. It shall be the obligation of a Developer to take
whatever authorized means are available to enforce payment of latecomer assessments and
Developers are hereby authorized to take such actions. The City shall not be responsible for
locating any beneficiary or survivor entitled to any benefits by or through a Developer
Reimbursement Agreement. (Ord. 3709 Sec. 1, 2004.)
B) Any funds collected under this Chapter that arc unclaimed by developers after one
(1) year from the expiration of the Developer Reimbursement Agreement shall be returned to the
parties making payments to the City, if they may be reasonably found minus any r asonable
Section 2. That Section 13.36.040 entitled "Extension of Lines - Installation by
Requesting Party" of the Pasco Municipal Code, shall be and hereby is amended and shall read
as follows:
13.36.040 EXTENSION OF LINES - INSTALLATION BY REQUESTING
PARTY. When an extension of the City system is required and such is requested of and agreed
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 12
to by the City and it is further agreed that the requesting party will extend the line(s). The
requesting party shall install the line extension at their sole cost and expense, subject to the
remaining provisions of this section.
A) The front footage charge under §13.36.020 shall be waived for connection to the
newly installed line by the party to the parcel(s) of property owned by the installing party.
B) The installing party when connecting his or her parcel(s) of property to the
extension shall pay square footage charges for the parcel(s) of the property served as provided
under §133.36.020, except that, if the extension passes by one or more parcels of property under
other ownership already connected to an existing line, there shall be a deduction in the amount of
front footage and square footage charges previously paid for such parcel(s) of property at the
time of their connection. In some cases the deduction may be sufficient to result in a cash
payment from the City to the party making the extension.
C) The City may contract with the party making the extension for a"pay back" to the
party making the extension by property owners who to do not contribute to the original cost of
the line extension and who subsequently tap onto or use the same under the provisions of a
. _ . - . :.! !.The City may enter into Developer Reimbursement
Agreement as provided in PMC 14.12. (Ord. 3608 Sec. 19, 2003; Ord. 2961, Sec. 9, 1993.)
Section 3. That Section 13.36.050 entitled "Installation Costs - Reimbursements of
Costs by Subsequent Users" of the Pasco Municipal Code, shall be and hereby is repealed in its
entirety.
13.36.050 INSTALLATION COSTS REIMBURSEMENT OF COSTS BY
SUBSEQUENT USERS. The City may contract with owners or real estate for the construction
of storm, sanitary, or combination -. - , . . . . • , ., .• .. . . ., , . - -
hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within its
boundaries or within ten (10) miles from its corporate limits connecting with the City's water or
sewage system to serve the area in which the real estate of such owners is located, and to provide
assigns by any owner of real estate who did not contribute to the original costs of such water or
sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost
of the construction of said water or sewer facilities, including not only those directly connected
thereto, but also users connected to laterals or branches connecting thereto, subject to the
approval of the City Council To the extent it may require in the performance of such contract,
the City may install said water or sewer facilities in and along the county streets in the area to be
served as hereinabove provided, subject to such reasonable requirements as to the manner of
contract shall not be effective as to any owner of real estate not a party thereto unless such
contract has been recorded in the office of the County Auditor of Franklin County prior to the
time such owner taps into or connects to said water or sewer facilities. At the end of the pay
back period, for such time as it may be pursuant to contract, any property owner connecting to
the extension shall pay to the City the regular connection fees required by Chapter 13.36.020.
(Ord. 2961, Sec. 10, 1993.)
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 13
Section 4. That Section 3.07.180 entitled "Public Works Inspections" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.07.180 PUBLIC WORKS AGREEMENTS AND INSPECTIONS:
Fee/Charge Reference
A) Development Reimbursement Agreements $100.00 14.12.120
(Latecomer's) Administrative Fee
B) Developer Reimbursement Agreements $30.00 14.12.090
Segregation
C) Engineering Staff Time-Review Minimum Fee $90 14.12.120
Developers Reimbursement Agreements for first hour,
thereafter, $60/hr
AD) Water Crews on Contractor Site $160.00 Ord. 3543
(after 1st visit) (per hour)
BE) Sewer Crews on Contractor Site $160.00 Ord. 3543
(after 1st visit) (per hour)
CF) Public Works Construction Minimum Fee: $90 14.08.030
Development Inspection for first hour;
thereafter, $60/hr
Section 5. This Ordinance shall take full force and effect on the 1st day of May,
2014, or after its approval, passage and publication as required by law, whichever shall last
occur.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this S day of )1(0.1 , 2014.
Matt Watkins, Mayor
A ist:C. Approv as to Form:
I OA f-1.4
.ie Clark, City Clerk Leland B. Kerr, City Attorney
Amending PMC 14.12;Amending PMC 13.36.040;
Repealing PMC 13.36.050;and Amending PMC 3.07.180 14