Chapter 2.40
AREA-WIDE FACILITY AGREEMENTS

Sections:

2.40.010    Area-wide facility agreements.

2.40.010 Area-wide facility agreements.

The District may enter into an agreement with an applicant having a legal or equitable interest in real property in the District to provide for the financing, acquisition and construction of major infrastructure. Such an agreement may provide, at the District’s sole discretion, for construction by the applicant, or financing of the facilities by the applicant through payments in lieu of capacity reserve fees payable under Chapter 3.70 DSRSDC, Fees and Charges, and for the allocation of capacity rights in the water system, the wastewater system, or both, under Chapter 3.60 DSRSDC, Service Capacity Allocation, for the land within the area. The District may, as it deems necessary or appropriate, participate in financing the improvements.

Such an agreement may also provide for the joinder of other persons having a legal or equitable interest in real property within the area to be served by the improvements in the agreement after written notice, and in accordance with the terms and conditions to which the original parties, the later-joining parties, and the District may agree. Such an agreement shall specify the nature of the improvements to be constructed, the service area to be served thereby, the time within which the improvements shall be constructed, and such other terms and conditions as the District may deem necessary or appropriate. To the extent that the terms and conditions of an agreement conflict with this title, the terms and conditions of such agreement shall govern. [Ord. 186, 1984; Ord. 216, 1988; Ord. 273, 1997; Ord. 327, 2010.]