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HomeMy WebLinkAbout3270• ORDINANCE NO. 3270 AN ORDINANCE of the City of Port Angeles, Washington, revising developer reimbursement, Chapter 13.68 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinance 2732, as amended, and Chapter 13.68, Developer Reimbursement, of the Port Angeles Municipal Code are hereby amended by amending Subpart A of Section 13.68.030 PAMC to read as follows: 13.68.030 Application for Developer Reimbursement Agreement. A. Any property owner, who uses private funds to construct water, sewer, storm sewer and /or street system improvements where the cost of construction is greater than fattrsix thousand dollars ($4,9666,000), said limit to be adjusted annually in accordance with the ENR (Engineering News - Record) Construction Cost Index, in the City or within the City's utility service area, to connect to existing City water, sewer, storm sewer or street systems for the purpose of serving the area in which the real property of such owner is located, may apply to the City to establish a developer reimbursement agreement in order to recover a pro rata share of the costs from subsequent users of the system(s). B. The application must be on a form prescribed by the City Engineer and must be accompanied by a nonrefundable application fee as set forth in Chapter 3.70 PAMC. C. The City Engineer may require the applicant to submit a certified statement by a State of Washington licensed professional engineer containing an itemization of the total projected cost of the system improvements and a copy of the design drawings and specifications. -1- • • D. The City Engineer is authorized to establish policies and procedures for processing applications and determining eligibility of a system for a developer reimbursement agreement consistent with the requirements of this Ordinance. E. Applicants for developer reimbursement agreements must be in compliance with all City ordinances, rules and regulations in order to be eligible for processing of such agreements. F. A developer reimbursement agreement application shall not be accepted for the improvement of a developer's abutting right -of -way and transitions as required pursuant to City ordinance. An exception may be allowed when vertical grade and alignment changes are required by the City Engineer to promote traffic safety and the City Engineer recommends a developer reimbursement agreement. G. The proposed improvements must be consistent with the comprehensive utility and /or transportation plans of the City. H. The City must have the capability and capacity to service the water, sewer, storm sewer and /or street facilities. I. The applicant must agree to an annexation covenant for the property to be serviced by the proposed improvements, if such are located outside the City limits and any such improvements must be located no further than 10 miles outside the City. J. The application must comply with the requirements of this Ordinance and all other applicable City ordinances. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the -2- • scrivener' s /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of January, 2007. ATTEST: Becky J. U ty Cler PUBLISHED: January 21 , 2007 By Summary Karen A. Roger 4y ayor AP ROVED AS TO FORM %&1 William E. Bloor, City Attorney G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS\2006 -38 -W aterSystemDeveloperReimbursementcharge 11- 30- 06.wpd January 16, 2007 -3- Summaries of Ordinances Adopted by the Port Angeles City Council r on January 16, 2007 Ordinance No. 3270 This Ordinance of the City of Port Angeles, Washington, revises developer reimbursement, Chapter 13.68 of the Port Angeles Municipal Code. Ordinance No. 3271 This Ordinance of the City of Port Angeles, Washington, revises electric utility rates and service fees, and amends Chapters 13.12 and 3.70 of the Port Angeles Municipal Code. This Ordinance shall take effect February 8, 2007, in accordance with Section 1252 of the 2005 Energy Policy Act. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: January 21, 2007