Title 12 Public Ways and Property
Chapter 12.13 Road, Street, and Highway Transportation Project Cost Recovery
Article I. Private Project Cost Recovery – Latecomer Agreements
Section 12.13.030 Processing of Application and Charges
Upon receipt of the applicant’s statement of project costs , the City Engineer prepares for the City Council a report setting forth the agreement terms, which shall include:
the total area and frontage of property currently paying or sharing the costs of construction of the transportation project;
the total area and frontage of property directly benefited by the transportation project;
the names and mailing addresses of the owners of the property determined to be within the area;
the fair pro rata share of the cost for each property in the benefited area which:
would directly benefit from the transportation project;
would require similar transportation projects upon development;
did not contribute to the original cost of the transportation project;
a determination whether the transportation project is consistent with the plan of the department of engineering services and the City’s Comprehensive Plan;
a list of other necessary services presently available or planned for the area as part of the adopted plan;
a recommendation whether the application meets the criteria of this chapter and the policies and procedures of the City Engineer and ought to be accepted.
If the City Council accepts the application, it shall pass a resolution declaring its intent to enter into a transportation project latecomer agreement, subject to the further requirements of this chapter.
After the transportation project is completed, the applicant must present to the City Engineer a final statement detailing the actual total project costs , including application fees, design, construction and inspection fees.
In addition, the applicant must submit “as-built” plans showing the transportation project and the service area.
If both the as-built plans and the final statement of costs are consistent with the improvement contemplated, the City shall enter into the latecomer agreement.
If the final statement exceeds or is inconsistent with the projected cost, or if the as-built plans significantly differ from the original design, the City Engineer shall meet with the applicant to determine the reason for the increased cost or different design.
The City Engineer will make a further report and recommendation to the City Council. The City Council may approve, reject or modify the latecomer agreement.
Date Passed: Monday, March 31, 2025
Effective Date: Saturday, May 10, 2025
ORD C36653 Section 3