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i <br />- <br />1 <br />i <br />2 <br />3 <br />1 <br />4 <br />5 <br />6 <br />I <br />7 <br />8 <br />J <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />ORDINANCE NO. ',' % i - -Y l <br />AN ORDINANCE establishing procedures and regulations regarding utility <br />latecomer agreements and establishing fees for the City's expenses in <br />establishing and filing latecomer agreements. <br />, WHEREAS, RCW 35.91 provides that the City may enter into latecomer <br />agreements to recover a pro rata share of the costs of installing certain public utility <br />systems; and <br />WHEREAS, such latecomer agreements will assist development by allowing <br />developers to proceed that might otherwise be premature due to costs; and <br />WHEREAS, it is in the best interests of the citizens of Everett to allow certain <br />extensions of public utilities, based on best engineering and planning practices; <br />NONV, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1: Any developer utilizing private funds to install water or. sewer <br />(sanitary and/or storm) improvements and appurtenances costing m nre than $3,000, said <br />limit to be adjusted annually in accordance with the ENR (Engineering News -Record) <br />Index, on public right-of-way may apply to the City of Everett to establish a latecomer <br />agreement for recovery of a pro rata share of the cost of constructing said public <br />improvements from other parties that will later derive a benefit from connecting to <br />said improvements. No latecomer agreement shall extend for a period longer than ten <br />years from the date of final acceptance by the City. The City Council shall approve or <br />disapprove latecomer agreements on a case -by -case basis. <br />i <br />Section ?.: The City Engineer shalt establish guidelines and rules, regulRions, <br />policies and procedures for all applications for latecomer agreements. <br />Section 3: The City reserves the right to refuse to enter into any, latecomer <br />agreement and reject any application therefor and all applications for latecomer <br />agreements shall be made on.the basis that the applicant releases and waives any claims <br />for any liability of the City of Everett in establishment and enforcement of latecomer <br />agreements, and the City shall not be responsible for locating any beneficiary or <br />survivor entitled to benefits by or through latecomer agreements and any collected <br />funds unclaimed by developers after three years from the expiration of the agreement <br />