Chapter 13.50
REIMBURSEMENT AGREEMENTS FOR UTILITY IMPROVEMENTS
Sections:
13.50.030 Minimum project size—Cost estimate.
13.50.050 Length of reimbursement provision.
13.50.060 Administrator’s determination—Review by city council.
13.50.070 Determination of reimbursement area boundary and reimbursement fee.
13.50.080 Reimbursement agreement must be recorded.
13.50.100 Construction and acceptance of improvements—Recording of final fees.
13.50.110 Collection of reimbursement fees—No liability for failure to collect.
13.50.120 Segregation of reimbursement fees.
13.50.130 Disposition of undeliverable reimbursement fees.
13.50.010 Purpose.
The purpose of this chapter is to prescribe rules and regulations for exercise of the authority to enter into a utility reimbursement agreement granted to the city by Chapter 35.91 RCW as now codified or as hereafter amended. (Ord. 2552 § 2, 2006).
13.50.020 Definitions.
As used in this chapter, the terms listed below shall be defined as follows:
A. “Cost of construction” means those costs incurred for design, acquisition for right-of-way and/or easements, construction, materials and installation required in order to create an improvement which complies with city standards. Only costs which may be reimbursed pursuant to Chapter 35.91 RCW as now codified or as hereafter amended. In the event of a disagreement between the city and the applicant concerning the cost of the improvement, the city administrator’s determination shall be final.
B. “Administrator” means the city administrator.
C. “Reimbursement agreement” means a written contract between the city and one or more property owners providing for construction of water or sewer facilities and for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements by owners of property benefitted by the improvements, as more specifically described in Chapter 35.91 RCW.
D. “Water or sewer facilities” shall have the meaning specified in RCW 35.91.020 as now codified or hereafter amended. (Ord. 2552 § 3, 2006).
13.50.030 Minimum project size—Cost estimate.
In order to be eligible for a reimbursement agreement, the estimated cost of the proposed improvement must not be less than fifteen thousand dollars. The estimated cost of the improvement shall be determined by the administrator, based upon an estimate prepared by the city engineer. The determination of the administrator shall be final. (Ord. 2552 § 4, 2006).
13.50.040 Application.
An application for a reimbursement agreement shall be made on a form provided by the city. The application fee shall be paid in accordance with Title 20 of the Prosser Municipal Code. The written application shall be accompanied by:
A. Preliminary utility design drawings and plans which shall be drafted in accordance with the city’s standard specifications;
B. Itemized estimate of construction costs prepared and signed by a licensed civil engineer. The city’s engineer shall review such cost estimate and in the event that the applicant’s engineer disputes the amount of such estimate, then the city engineer’s revised cost estimate shall be final;
C. A scaled vicinity drawing on eight-and-one-half-inch by eleven-inch mylar, stamped by a licensed civil engineer or licensed land surveyor depicting the improvements and their location and the proposed benefitted area, including dimensions and county assessor’s numbers for each tax parcel, size of parcels, and evaluations where necessary for determining benefits;
D. A separate legal description for each tax parcel within the benefitted area; and
E. Such other information as the administrator determines is necessary to properly review the application. (Ord. 2552 § 5, 2006).
13.50.050 Length of reimbursement provision.
No reimbursement agreement shall provide for reimbursement for a period of longer than fifteen years from the date of final acceptance of the improvements by the city. (Ord. 2552 § 6, 2006).
13.50.060 Administrator’s determination—Review by city council.
A. The administrator shall review all applications and shall approve the application only if the following requirements are met:
1. The project satisfies the minimum cost requirement, Section 13.50.030; and
2. The proposed improvements fall within the description of water or sewer facilities as those terms are described in Chapter 35.91 RCW; and
3. The proposed improvements are not constructed or currently under construction.
B. In the event all of the above criteria are not satisfied, the administrator may condition approval as necessary in order for the application to conform to such criteria, or shall deny the application. The final determination of the administrator shall be in writing. The applicant may obtain a review of the final determination by filing a request therefor with the city clerk/finance director no later than ten days after mailing a copy of the final determination to the applicant at the address listed on the application.
C. In reviewing a final determination, the city council shall apply the criteria set forth above, and shall uphold the decision of the administrator unless evidence presented by the applicant clearly demonstrates that the criteria have been satisfied. (Ord. 2552 § 7, 2006).
13.50.070 Determination of reimbursement area boundary and reimbursement fee.
In the case of all applications which are approved, the administrator shall define the reimbursement area based upon a determination of which parcels did not contribute to the original cost of the water or sewer facility for which the reimbursement agreement applies and which may subsequently tap into or use the same, including not only those which may connect directly thereto, but also those who may connect to laterals or branches connecting thereto. An estimated amount of the reimbursement fee shall be established so that each property will pay a share of the costs of the improvements, which is proportional to the benefits which accrue to the property. (Ord. 2552 § 8, 2006).
13.50.080 Reimbursement agreement must be recorded.
A. In order to become effective, a reimbursement agreement must be recorded with the office of the Benton County auditor. It shall be the sole responsibility of the beneficiary of the reimbursement agreement to verify the agreement has been recorded.
B. The administrator shall record a notice of additional tap or connection charge with the Benton County auditor as required by RCW 65.08.170 as now codified or as hereafter amended. (Ord. 2552 § 9, 2006).
13.50.090 Written agreement.
Upon approval of the application, determination of the estimated costs of construction, and the reimbursement area by the administrator, the applicant shall sign a reimbursement agreement in the form supplied by the city. The signed agreement, the application and supporting documents, together with the administrator’s estimate of cost of construction, and determination of reimbursement area shall be presented to the city council with a request that the mayor be authorized to sign the reimbursement agreement on behalf of the city. The city council shall hold a public hearing to determine whether to approve or disapprove the reimbursement agreement. (Ord. 2552 § 10, 2006).
13.50.100 Construction and acceptance of improvements—Recording of final fees.
A. After the reimbursement agreement has been signed by all parties, and all necessary permits and approvals have been obtained, the applicant shall construct the improvements. All improvements shall be constructed in accordance with the provisions of Prosser Municipal Code Chapter 17.24 and in accordance with other provisions of this code and the city’s standard specifications. All fees provided for in Title 20 shall be paid in full before the mayor signs the agreement. All improvements shall be inspected by the city engineer or such other inspector as the city may designate in writing to the applicant. All defects identified by the inspector shall be remedied to the satisfaction of the inspector before further construction of the improvements may proceed. If the applicant fails to obtain inspections, then the city, in its sole discretion, may order the applicant to remove the improvements, at the applicant’s sole expense, and the applicant shall construct new improvements which shall be fully inspected.
B. Upon completion, final inspection, and after the city engineer has recommended to the city council that it accept the improvements as constructed, the city council shall accept the improvements as part of the city’s utility system. An appropriate bill of sale, easement, and any other document needed to convey the improvements to the city and to ensure right-of-access for maintenance and replacement shall be provided, along with documentation of the actual costs of the improvements and a certification by the applicant that all such costs have been paid. The city, in its sole discretion, may demand that all such improvements be located in right-of-way owned by the city.
C. In the event that actual construction costs are less than the estimated costs used in calculating the estimated reimbursement fees by ten percent or more, the administrator shall recalculate the fees, reducing them accordingly, and shall cause a revised list of fees to be recorded with the county auditor. (Ord. 2552 § 11, 2006).
13.50.110 Collection of reimbursement fees—No liability for failure to collect.
A. Subsequent to the recording of a reimbursement agreement, the city shall not permit connection of any property within the reimbursement area to any sewer or water facility constructed pursuant to the reimbursement agreement, unless the share of the costs of such facilities required by the recorded agreement is first paid to the city.
B. Upon receipt of any reimbursement fees, the city shall deduct a ten percent administrative fee and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the agreement. In the event that through error, the city fails to collect a required reimbursement fee prior to approval of connection to a sewer or water facility, the city shall make diligent efforts to collect such fee, but shall under no circumstances be obligated to make payment to the party entitled to reimbursement, or in any other way be liable to such party, unless such reimbursement fee has actually been paid to the city. (Ord. 2552 § 12, 2006).
13.50.120 Segregation of reimbursement fees.
The reimbursement agreement shall provide that the city is authorized to make segregation or adjustments to reimbursement fees because of subdivision or boundary line adjustment of the benefitted properties. The segregation or adjustment shall generally be made in accordance with the method used to establish the original reimbursement fees. Segregation or adjustment shall not increase or decrease the total reimbursement fees to be paid. (Ord. 2552 § 13, 2006).
13.50.130 Disposition of undeliverable reimbursement fees.
In the event that, after reasonable effort, the party to whom reimbursement fees are to be paid pursuant to a reimbursement agreement cannot be located, and upon the expiration of one hundred eighty days from the date fees were collected by the city, the fees shall become the property of the city and shall be revenue to the city sewer or water utility. (Ord. 2552 § 14, 2006).
13.50.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2552 § 15, 2006).