Chapter 2.30
PLANNING SERVICES AGREEMENTS
Sections:
2.30.030 Agreements authorized.
2.30.060 Agreements – Contents.
2.30.070 Agreements – Task order approvals.
2.30.080 Expenditure limitations – Accountability – Annual reporting.
2.30.010 Purpose.
The purpose of this chapter is to provide a means by which owners of property located either within or outside the District’s boundaries may determine the feasibility of obtaining public facilities and services from the District for the property and to provide information to the District to plan for the provision of such facilities and services. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.020 Definitions.
In this chapter, the following definitions apply:
“District’s expenses” means costs incurred by the District either directly or indirectly on behalf of an owner under a planning services agreement. These include, without limitation, personnel costs (hours worked times then-current billing rates) and any other costs incurred (e.g., services contracted for by District, costs of mailing, etc.) in processing an application for a planning services agreement and in performing services pursuant to, and administering, a planning services agreement.
“Planning services agreement” means an agreement between the District and an owner entered into pursuant to this chapter for conducting and preparing studies, analyses, surveys, tests, collecting data and other information and the formulation of conclusions and plans based thereon relating to the feasibility for, and extent of, providing facilities and services to such owner’s property.
“Task order” means a document issued under a planning services agreement to authorize the performance of services thereunder. Each task order shall include a description of the services to be performed, the estimate of District’s expenses to be incurred, and the time of performance of services thereunder, and such other matters as the parties to the planning services agreement deem appropriate for the accomplishment thereof. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.030 Agreements authorized.
A. For property within the then-current service area of the District, the General Manager is authorized to approve a planning services agreement, notwithstanding the monetary limits set forth from time to time in the District’s purchasing policies.
B. For property outside of the then-current service area of the District, a planning services agreement is subject to the approval of the Board of Directors, evidenced by a resolution approving and authorizing execution of the agreement.
C. Subject to the preceding provisions of this section, the District may enter into a planning services agreement relating to an owner’s property, if the District Engineer has determined that the information to be obtained under the agreement is necessary or appropriate for the District to determine the feasibility of providing facilities and services to the owner’s property. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.040 Application.
An application for a planning services agreement shall be submitted to the District Engineer and shall include, without limitation:
A. The name and contact information of the owner or owners of record of the property;
B. If the applicant or the person proposing to enter into the planning services agreement is not the owner of the property, a description of the relationship of the applicant/proposed contracting party to the owner, accompanied by proof of authorization from the owner for the applicant to act on the owner’s behalf;
C. A general description of the property;
D. A general description of the facilities and services proposed to be furnished by the District for the benefit of the property;
E. A general description of the scope of work and services to be performed under the proposed planning services agreement;
F. A statement regarding the current status of governmental approvals or permits (excluding those of the District) necessary for development or use of the property in the manner proposed by the owner;
G. An estimate of the time anticipated for development or other beneficial use of the property, with particular reference to the time within which facilities and services of the District are proposed to be furnished to the property; and
H. Such other information as the District Engineer deems necessary or appropriate. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.050 Processing fee.
The applicant shall pay the District for processing the application an administrative fee determined and established by separate ordinance or resolution, the estimated actual cost of processing the application for a planning services agreement and an additional sum, if any, determined by the District Engineer to compensate the District for other services rendered in connection with the applicant’s application, including processing of annexation requests. Amounts paid under this section are nonrefundable if a planning services agreement is not entered into. [Ord. 254, 1993; Ord. 260, 1994; Ord. 273, 1997; Ord. 305, 2004; Ord. 327, 2010.]
2.30.060 Agreements – Contents.
In addition to such other matters as the Board of Directors may specify, a planning services agreement shall include:
A. A general description of the project or development proposed by the applicant and a general description of the applicant’s property;
B. Provision for the issuance of task orders for the performance of discrete tasks or services from time to time during the term of the agreement, including services to be performed by the District and/or consultants;
C. Provision for the deposit of funds from time to time during the term of the agreement in an amount or amounts corresponding to planning expenses estimated to be incurred for services to be provided under the task orders;
D. Limitations upon the expenditure of funds so deposited in accordance with the provisions of DSRSDC 2.30.080, Expenditure limitations – Accountability – Annual reporting; and
E. Such other matters and terms and conditions as the Board shall deem appropriate. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.070 Agreements – Task order approvals.
Task orders entered into under a planning services agreement are subject to approval by the General Manager or the Board, in accordance with DSRSDC 2.30.080, Expenditure limitations – Accountability – Annual reporting. No task order shall be approved which would provide for the expenditure of funds in advance of the deposit of planning expenses estimated to be made or which would provide for the expenditure of funds in excess of the deposit. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]
2.30.080 Expenditure limitations – Accountability – Annual reporting.
A. Expenditure Limitations. No service shall be provided under a planning services agreement or a task order which would cause the District’s expenses to exceed funds on deposit for such purpose.
B. Accountability. The District shall account for funds deposited under a planning services agreement or a task order; provided, that the District may deposit such funds with other funds of the District. The applicant shall not be entitled to any interest on funds deposited under a planning services agreement or task order and the District shall not be obligated to pay interest to an owner. Any balance remaining of funds deposited under a planning services agreement or a task order shall, if further services remain to be performed, be retained by the District and applied toward expenditures under future task orders. Unexpended funds remaining at the expiration of the term of a planning services agreement, or upon completion of all services to be performed or the final task order to be issued, shall be returned to the owner if all charges payable under the planning services agreement and all task orders issued have been discharged.
C. Annual Reporting. The General Manager shall report annually to the Board the aggregate amount of expenditures under each planning services agreement. [Ord. 254, 1993; Ord. 273, 1997; Ord. 327, 2010.]