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HomeMy WebLinkAbout4277 OrdinanceORDINANCE NO. '4Z7n AN ORDINANCE of the City of Pasco, Washington amending PMC 3.07.180 "Public Works Agreements Inspections" setting the Developer Reimbursement Agreements application fee; amending PMC 14.12.120 "City Administrative Fee, Costs and Recording"; and amending PMC 14.12.130 "Payment of Development Reimbursement Charge" to provide for the collection of an administration fee. WHEREAS, by recent amendment, the Washington legislature has required the cities, at the request of the developer, to enter into Developer Reimbursement Assessment Agreements (Latecomer Agreement) providing for the future reimbursement for the developer's expense of constructing a public facility; and WHEREAS, the City may have the responsibility for a period up to twenty (20) years to collect and disburse such reimbursement assessments which will add to the administrative expenses of the City and to provide revenues for the payment of such additional costs, administrative fees need to be established and authorized; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.180 of the Pasco Municipal Code entitled "Public Works Agreements and Inspections" shall be and hereby is amended and shall read as follows: 3.07.180 PUBLIC WORKS AGREEMENTS AND INSPECTIONS: Fee/Charge A) Development Developer Reimbursement $100.00 Agreements (Latecomer's) ^vo Application Fee B) Developer Reimbursement Agreements Segregation C) Cost Recovery of Engineering Staff Time Review Legal and Recording Costs for Developers Reimbursement Agreements Page 1 $30.00 Engineering services Minimum Fee: $90.00 for first hour; thereafter, $60/hr. Actual costs for legal recording and other incurred costs. Reference 14.12.120 14.12.090 14.12.120 D) Developer Reimbursement Agreements $100.00 14 12 130 Collection Administration Fee I3E) Water Crews on Contractor Site - $160.00 Ord. 3543 (after 1 st visit) (per hour) EF) Sewer Crews on Contractor Site - $160.00 Ord. 3543 (after 1 st visit) (per hour) lig) Public Works Construction Minimum Fee: 14.08.030 Development Inspection $90 for first hour; thereafter, $60/hr (Ord. 4156, 2014; Ord. 3979, 2010; Ord. 3543, 2002.) Section 2. That Section 14.12.120 of the Pasco Municipal Code entitled "City Administrative Fee, Costs, and Recording" shall be and hereby is amended and shall read as follows: 14.12.120 CITY ADMINISTRATIVE APPLICATION FEE; AND COST& RECORDING RECOVERY. The City shall charge an application fee for processing BevelepiaeHt Developer Reimbursement sng Agreements-> ineludiengineering o > and the ee4t4, o_eea�ms as identified in Chapter 3.07 of the Pasco Municipal Code. In addition, the applicant shall pay all of the City's costs associated with the facility including but not limited to engineering costs as set forth in PMC Chapter 3.07,and the actual legal recording and administration costs. Developer Reimbursement Agreements and extensions thereof, shall be recorded with the Franklin County Auditor within thirty (30) days of the final execution of the Agreement, and shall be binding on owners of record within the assessment area who are not parties to the Agreement. (Ord. 4156, 2014; Ord. 3709 See. 1, 2004.) Section 3. That Section 14.12.130 of the Pasco Municipal Code entitled "Payment of Development Reimbursement Charge" shall be and hereby is amended and shall read as follows: 14.12.130 PAYMENT OF DEVE OPMEN DEVELOPER REIMBURSEMENT CHARGE — COLLECTION ADMINISTRATION FEE. 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 shall deduct from all reimbursement assessments it collects an amount as designated in PMC 3 07 180 to cover its collection administration costs. The City will pay over to developer the amounts collected, less administration costs 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.) Page 2 Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of thCity of Pasco, Washington, and approved as provided bylaw �this Z) day of AEt l" C,� 2016. Matt Watkins, Mayr ATTEST: ho, 0 0, e ra L. Clark, City Clerk Page 3 APP D AS TO FORM Leland B. Kerr, City Attorney