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:
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- the total area and frontage of property currently paying or sharing the costs of construction of the transportation project;
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- the total area and frontage of property directly benefited by the transportation project;
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- the names and mailing addresses of the owners of the property determined to be within the area;
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- the fair pro rata share of the cost for each property in the benefited area which:
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- would directly benefit from the transportation project;
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- would require similar transportation projects upon development;
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- did not contribute to the original cost of the transportation project;
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- a determination whether the transportation project is consistent with the plan of the department of engineering services and the City’s Comprehensive Plan;
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- a list of other necessary services presently available or planned for the area as part of the adopted plan;
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- 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.
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- 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