Chapter 2.60
AUTHORITY OF THE DISTRICT ENGINEER
Sections:
2.60.020 Planning services agreements.
2.60.030 Area-wide facility agreements.
2.60.040 Reimbursement agreements.
2.60.050 Special agreement or arrangement.
2.60.060 Procedures for appeal.
2.60.010 Annexations.
The District Engineer shall undertake such economic and engineering studies as he or she shall deem necessary to determine the entire gross area of property to be annexed, the existing capital facilities and equipment that will be used to provide water and wastewater services to the annexed property, and an appropriate sum of money that owners of land to be annexed and served by existing capital facilities and equipment shall pay to the District representing their equitable share of the costs of such facilities and equipment in proportion to the benefit to the land to be annexed (which share would not otherwise be reimbursed through the District’s rates and connection fees paid by the owners of land to be annexed). [Ord. 327, 2010.]
2.60.020 Planning services agreements.
The District Engineer, subject to Board approval of a planning services agreement, is authorized to determine what information is necessary or appropriate for the District to determine the feasibility of providing facilities and services to the owner’s property.
The District Engineer, subject to Board approval of a planning services agreement, is authorized to determine the actual cost of processing the application and an additional sum determined by the District Engineer to compensate the District for other services rendered in connection with the owner’s application as described in DSRSDC 2.30.050, Processing fee. [Ord. 327, 2010.]
2.60.030 Area-wide facility agreements.
The District Engineer, subject to Board approval of an area-wide facility agreement, is authorized to determine what facilities comprise major infrastructure in accordance with the District’s major infrastructure policy, as such policy may be updated from time to time by the Board of Directors. [Ord. 327, 2010.]
2.60.040 Reimbursement agreements.
The District Engineer, subject to Board approval of a reimbursement agreement, is authorized to determine whether the improvements proposed to be acquired from, or constructed by, the applicant require supplemental size, capacity, number, length or configuration for the benefit of property not owned by the applicant.
If the District Engineer does determine that such improvements do or shall contain such supplemental size, capacity, number, length, or configuration, the District Engineer, subject to Board approval of a reimbursement agreement, is further authorized to determine whether the estimated costs of the improvements, including such supplemental size, capacity, number, length or configuration, equal or exceed $100,000.
If the District Engineer determines, as described above, that the estimated costs of the improvements equal or exceed $100,000, the District Engineer is to further prepare the detailed engineer’s report described in DSRSDC 2.50.120, Engineer’s report, and is authorized to make all determinations necessary or appropriate in connection therewith.
The District Engineer, subject to approval of the Board of a reimbursement agreement, is authorized to determine whether to exclude property based on his or her finding that the property is adequately served by existing public improvements which provide substantially the same benefit to the property as those proposed to be provided under a reimbursement agreement. [Ord. 327, 2010.]
2.60.050 Special agreement or arrangement.
The District Engineer, subject to Board approval of a reimbursement agreement, is authorized to determine whether and the extent to which unusual or extraordinary circumstances compel special terms and conditions; and provided, that no federal or state requirement or standard is waived under the agreement or arrangement. [Ord. 327, 2010.]
2.60.060 Procedures for appeal.
The applicant may, pursuant to DSRSDC 1.80.050, Procedures for appeal, appeal to the Board of Directors a determination made by the District Engineer under this chapter. Notwithstanding the preceding sentence, the applicant shall be deemed to waive his or her right to appeal by agreeing to an annexation fee determined pursuant to DSRSDC 2.60.010, Annexations, or by entering into an agreement pursuant to DSRSDC 2.60.020, Planning services agreements, through DSRSDC 2.60.050, Special agreement or arrangement, or any of them. [Ord. 301, 2004; Ord. 327, 2010.]