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After the City has accepted an application for a latecomer contract and determined that the application is complete, the following steps are required to establish a latecomer contract:

A. The Developer shall provide the following information to the City Engineer within one hundred twenty (120) days after the eligible municipal improvements are accepted by the City, (failure to do so within that time frame may result in a determination by the City Council that a latecomer contract is not available for the improvements accepted):

1. All documentation to verify the total cost of the municipal improvements. The total cost may include engineering, construction, bonding, land acquisition, administration, and permit and development fees paid to the City and the State regulatory agencies. All costs associated with private improvements shall be excluded from the latecomer contract.

2. In addition to the costs borne by the Developer, the City Council may provide for the reimbursement of all or part of the costs advanced by the City funds for such municipal improvements including any costs listed in Section 1 above, and including any costs of advertising, mailing, and publishing of notices; the cost of legal services and other expenses incurred by the City in connection with such construction or improvements and the financing thereof, including the issuance of bonds; the City’s costs of administering the latecomer contract; and any outside professional services as applicable.

3. A map and legal description identifying the proposed boundary of the reimbursement area, and the Grant County parcel number for each benefitted property within the reimbursement area. The map shall include the front footage, area, or both, for each benefitted property and for the Developer’s property.

4. A preliminary latecomer fee schedule showing the total project cost, the total front footage or area of the benefitted properties and the Developer’s property, and the proposed reimbursement fee for each benefitted property. The reimbursement fee shall be calculated using the front foot assessment basis, area assessment basis, or a combination of these methods at the discretion of the City Engineer. The assessment roll shall be sent electronically to the City Engineer in Word or Word Perfect format.

5. A complete list of owners of benefitted property as shown on the tax rolls of the Grant County Treasurer. The list shall include the name and mailing address for each benefitted property. The Developer shall be solely responsible for the correctness of the list, and shall defend and indemnify the City against any suit or claim that a person entitled to notice did not receive notice due to an error in the list. The list shall be sent electronically to the City Engineer in Word or Word Perfect format.

6. As the items are submitted to and reviewed by the City Engineer, the Developer shall timely provide additional information at the discretion of the City Engineer for revisions or insufficiencies.

B. The City will complete the following actions after the City Engineer determines that all documents required by the Developer for a latecomer contract are complete.

1. Send a notice to the owners of benefitted property by certified mail at least twenty (20) calendar days before the City Council meeting where the City Council will consider the latecomer contract. The notice will include the reimbursement map, the benefitted property assessment, the date of the City Council meeting, and notification that the property owner can request a hearing before the City Council meeting. Within twenty (20) calendar days of the mailing, if any owner of benefitted property provides a written request to the City for a hearing, a hearing shall be held before the City Council; and a notice of hearing shall be given to all the owners of the benefitted properties.

2. The City Council will determine whether to accept or modify the preliminary latecomer contract. The City Council may only increase the reimbursement area upon new notice to the owners of the affected property.

3. Prepare the final latecomer contract and send the contract to the Developer by first class mail for their signature. The Developer shall return the signed latecomer contract no later than twenty (20) calendar days after date of mailing. The City Manager will then execute the latecomer contract. Failure to return the signed latecomer contract within the twenty (20) calendar days shall result in the latecomer contract becoming null and void. The City Council may give consideration to extending this period upon a showing of hardship or excusable neglect on the part of the Developer.

4. File the executed latecomer contract at the Grant County Auditor’s office within thirty (30) days after the final execution of the contract. Once the latecomer contract is recorded, it shall be binding on the owners of the benefitted properties of record. (Ord. 2748, 1/27/15)