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1852 - Ordinance - Repealing Ordinances 1385 and 1587 Relating to Reimbursement ProcedureNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 25, 2002. ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, RELATING TO THE REIMBURSEMENT PROCEDURE FOR THE CONSTRUCTION OF ROADS AND STORMWATER SYSTEMS, AND THE EXTENSION OF WATER AND SANITARY SEWER MAINS, AND REPEALING ORDINANCE NOS. 1385 AND 1587 Copies of Ordinance No. 1852 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1852 will be provided at a nominal charge. City of Port Orchard VMdQQQ- Michelle Merlino Deputy Clerk Publish: Port Orchard Independent April 3. 2002 Kiv;aplejials~~oundpublishins .corn ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE REIMBURSEMENT PROCEDURE FOR THE CONSTRUCTION OF ROADS AND STORMWATER SYSTEMS, AND THE EXTENSION OF WATER AND SANITARY SEWER MAINS, AND REPEALING ORDINANCES 1385 AND 1587. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Prior to the construction of an extension of a road, stormwater system, sewer line or water main, the person or persons contemplating the construction shall submit to the City of Port Orchard a notarized statement containing the following information: (1) (2) (3) the proposed utility line (including 2); (4) and (3) above. Upon receipt of the above information by the City, it shall be verified by the City Engineer and, if found accurate, shall be reported to the City Council. A copy thereof shall be forwarded, by regular mail, to all property owners listed in (2) and (3) above, together with the City Engineer's estimate of the proposed cost of said improvement to each of the properties to be potentially benefited. Also included will be a statement as to whether or not the said property owners will be required to connect to the said utility extension upon its completion and a statement of the probable costs of said connection or hookup. SECTION 2. Thereafter, the City Council shall set a date for a public hearing on the improvement and the equitable proration of the cost of said improvement to the properties to be potentially benefited. Following the closing of the public hearing, the City Council may enter into a contract between the City and the property owners paying the cost of the extension or construction under the provisions of RCW 35.91.020. The contract shall provide that thereafter, when any property which is specified in the contract and did not contribute to the original cost of the main or extension is connected thereto, the prorated construction costs chargeable to the benefited and specified properties will be paid to the Developer before the connection to the utility is allowed by the City. The contract shall be referred to as the Developer's Agreement. An itemized statement showing the anticipated total cost of the work; The total area and front footage of property currently paying the cost of work; The total area and front footage of property physically capable of being served by The names and permanent mailing address of all property owners covered by (2) SECTION 3. During construction, the Developer shall keep the City informed on the construction progress and cost status of the utility work. Upon completion of the work specified in the Developer's Agreement, the Developer shall provide the City an itemized accounting of all expenses that shall be reimbursed through the Agreement. Included in this accounting shall be copies of all invoices of costs incurred. If the actual construction cost differ from the estimate by ten percent (IO%), the Council may call for a new public hearing to amend the proposed prorated costs and/or amend the listing of affected properties. 6 Ordinance No. 1852 Page 2 of 2 SECTION 4. Once the Mayor has signed the Agreement, the Developer is required to have the signed Developer's Agreement recorded on the titles of each piece of property specific in the agreement, at the expense of the Developer. The Agreement will be considered null and void if it has not been submitted to Kitsap County to be recorded as required within thirty days of the effective date of the Agreement. SECTION 5. The owner of the property that is required to pay the prorated construction costs chargeable to his property as hereinabove provided shall pay the said charge to the City. The City shall forward those prorated construction costs to the Developer's last known address of record. Prior to connecting to the utility, the owner of property specified in the Developer's Agreement shall pay all connection fees, cost reimbursements to the City and fees in lieu of assessments associated with the utility. SECTION 6. A base fee of two hundred dollars ($200.00) shall be collected by the City Treasurer from the party contemplating construction at the time the request is submitted to the Engineer. The final fee shall be an additional twenty-five dollars ($25.00) for each tax account parcel listed in the approved Developer's Agreement. The final fee shall be paid prior to the Mayor's signature on the approved Developer's Agreement. The Developer is responsible for providing the City with a valid mailing address throughout the duration of the Developer's Agreement. The City shall send the prorated construction costs to the Developer's mailing address by certified mail. Any prorated construction costs being returned by the postal service for any reasons shall be forfeited to the City six months from the date of the return of the mailing. SECTION 7. SECTION 8. In case of the death of the Developer during the duration of the Developer's Agreement, the City will forward the prorated construction costs as directed by the estate of the Developer. The City will only send the prorated construction costs to one location. It is the responsibility of the Developer's estate to make any further distributions of the prorated construction costs. SECTION 9. If any provision of this ordinance, or its application to any person or circumstance is found to be invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION IO. Ordinance Nos. 1385 and 1587 are hereby repealed in their entirety as of the effective date of this ordinance. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this day of 25Ih day of March2002 ATTES . L Patricia Parks, City Clerk LESLIE J. WEATHERILL, MAYOR Sponsored by: e&- . obert Geigdr. Coun6ilman