Chapter 13.30
DEVELOPERS EXTENSION AGREEMENT FOR WATER AND SEWER CONSTRUCTION
Sections:
13.30.020 City responsibility.
13.30.030 Reimbursement to contractor for local facilities costs.
13.30.040 Connection charge in lieu of assessment – Determination.
13.30.010 Definitions.
As used in this chapter:
A. “General facilities” means facilities conferring benefit beyond that received by immediate adjoining tributary properties (e.g., storage tanks, pumping facilities, trunks, treatment facilities, permanent pumping station).
B. “Local facilities” means facilities conferring immediate vicinity benefit to a specific adjacent tributary property only. Benefit does not extend beyond adjacent property. (Ord. 981 § 2, 1984).
13.30.020 City responsibility.
The city shall be responsible for the payment of general facilities in the event water or sewer facilities are constructed by a builder or developer or other private contract without the formation of a utility local improvement district and/or assessment therefor. (Ord. 981 § 2, 1984).
13.30.030 Reimbursement to contractor for local facilities costs.
A. In the event water or sewer facilities are constructed without the formation of utility local improvement districts and/or assessment therefor by a builder or developer or by other private contract, and the water or sewer facilities are pursuant to the comprehensive sewer or water plan of the city and are accepted by the city and are constructed in accordance with the engineering design established by the city, the city shall collect from property abutting the water or sewer facilities and subsequently served from the water or sewer facilities, at the time of connection, for each water or sewer service a connection charge, and charge in lieu of assessment, and the city shall pay up to 75 percent of the costs of the local facility to the contractor, builder or developer of the facility, for a period of 10 years after the installation and acceptance of the sewer or water facility by the city, or until the 75 percent has been repaid whichever occurs earliest. The remaining portion of the connection charge in lieu of assessment shall be deposited into that proper utility fund.
B. The 10-year cost reimbursement period set forth above in subsection A shall be deemed to have been tolled during the pendency of any pending or subsequent moratorium on the construction of an electrical facility, except that in no event shall the 10-year period be tolled for more than five years, after which time the 10-year period or any time thereon remaining shall run. (Ord. 1224 § 1, 1993; Ord. 981 § 2, 1984).
13.30.040 Connection charge in lieu of assessment – Determination.
The engineer and/or the public works director of the city shall ascertain the actual construction costs, if known, of the local facility facing property abutting, or as otherwise equitably determined by the engineer and/or the public works director, and the engineer and/or public works director shall determine the connection charge in lieu of assessment for the property or a portion of the property lying within 120 feet from the facility, and the charge in lieu of assessment and in lieu of all other charges shall be collected and shall be based upon the benefit to the property or a portion of the property so abutting the facilities; e.g., $_____ per front foot, plus _____ cents per square foot. (Ord. 981 § 2, 1984).