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• <br /> 1 ORDINANCE NO. 11/ Ism <br /> 2 <br /> AN ORDINANCE establishing procedures and regulations regarding utility <br /> 3 and street latecomer agreements and establishing fees for the <br /> City's expenses in establishing and filing latecomer agreements and <br /> 4 repealing Ordinance No. 711-80. <br /> 5 <br /> 6 WHEREAS, Title 35 RCW has provided the City with the authority to enter into <br /> 7 latecomer agreements to recover a pro rata share of the costs of installing certain <br /> 8 public utility systems and has been recently amended to expand the City's authority to <br /> 9 include streets as well as utilities; and <br /> 10 WHEREAS, such latecomer agreements will assist developers with proceeding <br /> 11 with projects which might otherwise be premature by providing them with the potential <br /> 12 for obtaining partial reimbursement; and <br /> 13 WHEREAS, it is in the best interests of the citizens of Everett to allow certain <br /> 14 extensions of public utilities and streets, based on best engineering and planning <br /> 15 practices; <br /> 16 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 17 Section 1: Any developer utilizing private funds to install street, water or <br /> 18 sewer (sanitary and/or storm) improvements and appurtenances costing more than <br /> 19 $4,000, said limit to be adjusted annually in accordance with the ENR (Engineering <br /> 20 News-Record) Index, on public right-of-way may apply to the City of Everett to <br /> 21 establish a latecomer agreement for recovery of a pro rata share of the cost of <br /> 22 constructing said public improvements from other practices that will later derive a <br /> 23 benefit from said improvements. No latecomer agreement shall extend for a period <br /> 24 longer than ten years from the date of final acceptance by the City. The City Council <br /> 25 shall have discretion to authorize or not to authorize latecomer agreements on a <br /> 26 case-by-case basis. <br /> 27 Section 2: The following definitions control for purposes of this ordinance: <br /> 28 a. "Street system improvements" include the acquisition of right-of-way <br /> 29 and/or easements, design, grading, paving, installation of curbs, gutters, storm <br /> 30 drainage, sidewalks, street lighting, traffic controls and other similar improvements as <br /> 31 required by the street standards of the City. A latecomer agreement shall not be <br /> 32 <br />