1385 - Ordinance - Water or Sanitary Sewer Mains�Qa I ORDINANCE NO. 1385V
Vn 11a3 AN ORDINANCE OF THE CITY OF PORT
ORCHARD RELATING TO THE REIMBURSEMENT
PROCEDURE FOR THE EXTENSION OF WATER
OR SANITARY SEWER MAINS
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION 1. Prior to the construction of an
extension of a 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. An itemized statement showing the anticipated
total cost of the work;
2. The total area and front footage of property
currently paying the cost of work;
3. The total area and front footage of property
physically capable of being served by the
proposed utility line (including 2);
4. The names and permanent mailing address of
all property owners covered by 2 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.
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 (10%), the Council may call for a new
public hearing to amend the proposed prorated costs and/or
amend the listing of affected properties.
Ordinance No. 1385
Page Two
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 Developer. Prior to connecting to the utility,
the property owner 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, plus provide the City Clerk with written
acknowledgment from the Developer that the obligations
specified in the Developer's Agreement have been satisfied.
The City will not collect the money specified in the
Developer's Agreement from the property owner and transfer it
to the Developer.
Section 6. A base fee of one hundred dollars
($100.00) 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.
Section 7. 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.
PASSED by the City Council of the City of Port
Orchard, APPROVED by the Mayor and attested by the Clerk in
authentication of such passage this 13th day of July, 1987.
4ES J. WEATHERILL, MAYOR
ATTEST:
�_
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney