Chapter 12.32 DEVELOPER EXTENSION AGREEMENT

Chapter 12.32
DEVELOPER EXTENSION AGREEMENT

Sections:

12.32.020 Required for city and developer.

12.32.010 Procedure generally.

The procedures in this chapter are to be followed in preparing agreements with land developers for making extensions to the city sewer system to serve areas within the city limits, but outside the boundaries of a city L.I.D. (Ord. 211 § 1, 1968).

12.32.020 Required for city and developer.

The city and the land developer shall enter into a written developer extension agreement stating the responsibilities of each party. (Ord. 211 § 1(1), 1968).

12.32.030 Responsibility of developer.

Under such agreement it shall be the responsibility of the land developer:

(1) To have the sanitary sewer system designed and constructed to the specifications of the city in effect at the time of the proposed construction;

(2) To pay all costs for acquisition of easements, engineering, and design, plan check (by the city), construction and inspection by both the developer and city;

(3) To show proof to the city that the contractor is properly licensed and bonded with the city and has provided all necessary insurance;

(4) To obtain approval of and all necessary permits from the city before beginning construction;

(5) To have the engineers make a final inspection of the system and certify to the city that the system was installed according to the city’s specifications;

(6) To provide “as-built” drawings of the developer’s extension;

(7) To obtain all necessary easements before construction is started with power to convey such easements to the city after construction is approved and restoration is completed and accepted;

(8) To submit a financial report to the city at the time final acceptance is requested showing the cost of all easements, design, engineering, construction, plan check and inspection, segregated as to area within or without a plat or subdivision;

(9) To pay an area assessment to the city as outlined in NPMC 12.32.040(6). (Ord. 211 § 1(2), 1968).

12.32.040 City responsibility.

Under such agreement it shall be the city’s responsibility:

(1) To review the plans submitted by the land developer, and if found to be satisfactory give approval to the plans before construction is started;

(2) To obtain approval from Southwest Suburban Sewer District to connect to its lines if necessary;

(3) To appoint a qualified engineer to represent the city in inspecting the system installed by the land developer;

(4) To accept ownership of the system after verification by the city engineer that the sanitary sewers were installed to the city specifications;

(5) To accept conveyance of necessary easements and file them for record with the county auditor after city assumes ownership of the sewer;

(6) To compute and bill the land developer for an area assessment based on a charge of one cent a square foot for all property except public streets within the plat or subdivision as the land developer’s contribution to the cost of city’s general sewer facilities. The area assessment paid by the land developer is not to be considered as a construction cost;

(7) To compute the value of an assessable unit for assessment or distribution portion of total costs of the local collection system installed by the land developer both within and without the area of the plat or subdivision, using a zone and termini, or a modified zone and termini method to determine the total number of assessable units in the plat or subdivision;

(8) To restrict other parties from connecting to the facility installed by the land developer until the city has collected a charge in lieu of assessment, in cash, from the requesting parties;

(9) To reimburse the land developer for the cost of his sewer extension through remitting to the developer for a period not to exceed 10 years, or until the sooner reimbursement of charges collected by the city from users who did not contribute to the original cost of such sewer facility on the following basis:

(a) The property of the party requesting service through connection to a developer’s extension shall be charged for general facilities on an area basis and for local facilities benefiting the property connected to the developer’s extensions by using the value of an assessable unit computed as per subsection (7) of this section to determine the local portion of the assessment. The area assessment shall be computed on the basis of one cent a square foot. The local assessment will be divided between the developer and the city on 90-10% basis with the developer receiving the 90 percent share to reimburse the developer for the cost of the facilities benefiting the land of others who may be served by connections to said facilities and who did not make a full contribution to the original cost of such sewer facilities.

(b) The city shall share sums charged and collected in lieu of assessments to reimburse the land developer for the extension according to the agreed formula during the 10-year period from the date of acceptance of the sewer system by the city or until such reimbursement is completed within such period. Thereafter, all revenue from such charges in lieu of assessments shall be retained by the city.

(10) File the agreement between the land developer and the city with the King County auditor after it has been approved by both parties. (Ord. 211 § 1(3), 1968).