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• <br /> 1 ORDINANCE NO. 7 / / — <br /> 2 <br /> AN ORDINANCE establishing procedures and regulations regarding utility <br /> 3 latecomer agreements and establishing fees for the City's expenses in <br /> establishing and filing latecomer agreements. <br /> 4 <br /> 5 <br /> 6 WHEREAS, RCW 35.91 provides that the City may enter into latecomer <br /> 7 agreements to recover a pro rata share of the costs of installing certain public utility <br /> 8 systems; and <br /> 9 WHEREAS, such latecomer agreements will assist development by allowing <br /> 10 developers to proceed that might otherwise be premature due to costs; and <br /> 11 WHEREAS, it is in the best interests of the citizens of Everett to allow certain <br /> 12 extensions of public utilities, based on best engineering and planning practices; <br /> 13 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 14 Section 1: Any developer utilizing private funds to install water or sewer <br /> 15 (sanitary and/or storm) improvements and appurtenances costing more than $3,000, said <br /> 16 limit to be adjusted annually in accordance with the ENR (Engineering News-Record) <br /> 17 Index, on public right-of-way may apply to the City of Everett to establish a latecomer <br /> 18 agreement for recovery of a pro rata share of the cost of constructing said public <br /> 19 improvements from other parties that will later derive a benefit from connecting to <br /> 20 said improvements. No latecomer agreement shall extend for a period longer than ten <br /> 21 years from the date of final acceptance by the City. The City Council shall approve or <br /> 22 disapprove latecomer agreements on a case-by-case basis. <br /> 23 Section 2: The City Engineer shall establish guidelines and rules, regulations, <br /> 24 policies and procedures for all applications for latecomer agreements. <br /> 25 Section 3: The City reserves the right to refuse to enter into any latecomer <br /> 26 agreement and reject any application therefor and all applications for latecomer <br /> 27 agreements shall be made on the basis that the applicant releases and waives any claims <br /> 28 for any liability of the City of Everett in establishment and enforcement of latecomer <br /> 29 agreements, and the City shall not be responsible for locating any beneficiary or <br /> 30 survivor entitled to benefits by or through latecomer agreements and any collected <br /> 31 funds unclaimed by developers after three years from the expiration of the agreement <br /> 32 <br />