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HomeMy WebLinkAbout10-06-2003 Item VIII-A-1AC[TYOF A-Po RN AGENDA BILL APPROVAL FORM �,t WASHINGTON Agenda Subject Date: Ordinance No. 5791 10/2/2003 Department: Attachments: Budget Impact: Public Works Ordinance No. 5791 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 5791. Background Summary: Ordinance No. 5791 provides for amendment to the City of Auburn Fee Schedule, and repeals Sections 13.20.050 and 13.48.410 of the Auburn City Code, and amends Auburn City Code Chapter 13.40 related to City fees and charges of Facility Extensions. A Public Facility Extension (FAC) is the extension of public water, sanitary sewer, storm drainage and transportation facilities by private developers and/or other agencies. The proposed amendments to Auburn City Code will convert our fee system from the current "Deposit" based fee system for FAC's to a "Fee" based fee system that: • Is Revenue neutral with the existing deposit -based system • Provides a greater predictability and consistency for developers • Remains competitive with other comparable agencies • Reduces the City's management/tracking/reporting/recovery efforts associated with FAC deposit accounts (approximately 150 - 200 accounts at any one time) • Helps streamline the FAC process and allows for timely closeout and acceptance of improvements W1006-1 F4.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O . ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ Other ® Legal ® Public Works Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: October 6, 2003 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 5 7 9 1 AN ORDINANCE of the City Council of the City of Auburn, Washington, providing for amendment to the City of Auburn Fee Schedule, and repealing Sections 13.20.050 and 13.48.410 of the Auburn City Code, and amending Chapter 13.40 of the Auburn City Code, relating to City fees and charges for Facility Extensions WHEREAS, in connection with the municipal functions and operations of the City of Auburn, the City provides various public services, a number of which entail fees; and, WHEREAS, the City Council provided for adoption of a City of Auburn Fee Schedules in the adoption of Ordinance No. 5707; and, WHEREAS, in the course of reviewing City fees, and in keeping with the philosophy of setting City fees in amounts reflective of actual costs, and in further keeping with the intent to make City fees and charges consistently accessible, it is appropriate to revise and amend the fees and charges for Facility Extensions, and to further consolidate City fees and charges. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN, as follows: SECTION ONE. AMENDMENT TO CITY OF AUBURN FEE SCHEDULE. The Fee Schedule of the City of Auburn is amended to include and provide for the fees and charges for Planning & Land Use applications and activities, and for other areas of municipal activity of the City, and the City of Auburn Fee Schedule is updated with the inclusion of the fees as set forth on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference. SECTION TWO. REPEAL OF SECTION IN CITY CODE. That Section 13.20.050 of the Auburn City Code, regarding Developer Extension Agreements, is repealed. 13.20.050 Developer extension agreement — Required — Manual adopted. There is adopted by reference the "Developer's Public Facility Extension Manual for Sanitary Sewers, Water, Storm Sewers and Streets," a copy of Ordinance No. 5791 September 16, 2003 Page 1 which is attached to the ordinance codified in this chapter and denominated Exhibit "A." (Ord. 5212 § 1 (Exh. 1), 1999; Ord. 4241 § 2, 1987.) SECTION THREE. REPEAL OF SECTION IN CITY CODE. That Section 13.48.410 of the Auburn City Code, regarding the Developer Public Facility Extension Manual, is repealed. 13.48.410 Developer's public facility extension manual adopted. There is adopted by reference, upon the effective date of the ordinance codified in this chapter, and upon filing with the city clerk one copy thereof, the "Developer's Public Facility Extension Manual for Storm Sewers, Sanitary Sewers, Water, and Streets," and any amendments henceforth. (Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.) SECTION FOUR. AMENDMENT TO CHAPTER OF CITY CODE. That Chapter 13.40 of the Auburn City Code, regarding Facility Extensions, is amended to read as follows: Chapter 13.40 �T�, IL IP(- FACILITY EXTENSIONS Sections: 13.40.010 Utility -Facility extension defined._ 13.40.015 Payback agreement defined. 13.40.020 Util+ty-Facility extension agreement - Issuance authority - Application form. 13.40.030 Design plans requirements. 40 anGquisiti�en of easementsBond-Fegaiiements Bill of cafe furnished fe nity C)dcneinn� 13.40.050 Fees. 13.40.060 Payback agreement. 13.40.010 Utility-Facili extension defined. As used in this chapter, "utility -fapili extension" means the extension of a sanitary sewer, water or storm line belonging to the city, a city street or alley -,-a fraRGhised utility ineluding bUt RGt limited to telephone, e!eGtF' , I gas OF Gable television lines, or that determined by the city engineer to be of public use. (Ord. 3375 § 2, 1979.) 13.40.015 Payback agreement defined. As used in this chapter: A. "Payback agreement" shall be defined as an agreement between the city and a developer for the sole purpose of reimbursing such developer for a pro rata portion of the original costs incurred by that developer for the installation of public utility systems to the extent such facilities benefit future connections. (Ord. 4759 § 1, 1995.) Ordinance No. 5791 September 16, 2003 Page 2 13.40.020 U#+4itFacili extension agreement — Issuance authority — Application form. The city engineer is delegated and authorized to develop, implement, execute and administer u#kty-facility extension agreements within franchised utility areas and to all persons including corporations, firms, companies, individuals, government agencies or officials or any organization of any kind upon the application for anthe en-. . g-agreement to extend a utility-facility and shall provide an application form for the utility-facili extension agreement to be filled out by each applicant. (Ord. 3375 § 3(A), 1979.) 13.40.030 Design plans requirements. Four e+ of 2 innh b y 36 innh size " in-ieRtG t number sets as �--a�ar-�cc�r-vi-z� rTvrrarc �..,..., . , deteFMiRed by the Gat, overing the design of the utility facility extension shall be submitted for approval by the sCity upon application for the Utility facility extension agreement. as built onfoFFnation iRGIuded shall be furnished te the Gity. All plans shall be in conformance with the city of Auburn Deesign and GORStFUGtion Setandards. (Ord. 5144 § 1, 1998; Ord. 3375 § 3(B), 1979.) 13.40.040 AGquisitieR of easemeRts Bond FequireMeRtS Bill ef sale furnished.te Gity - Extensoens. city,r.emmeMe work. A bond fQF 10 peFGent of the Gest of the impi:evement shall be Fetained bond 06 a one year guarantee bond. A peif-eFmaRGe bond shall also be posted if appliGable. At the tome the utility e)dension *6 tUFned ever to the e)deR6iGR 6hall be provided. A utility extensiGR lying eutside the Gity "Mite, Shall pFGV6de an addFess f f a plat GeFtifirate shall be fUFRished if appliGable. (Ord. 3375-§ 13.40.050 Fees. etheF appliGable en ;est as detei:moned by the Gity engineer. The fees for public facility extensions shall be included among the Facility Extension Fees as established in the City of Auburn Fee Schedule. , shall be aGtual Iabei: Gests plus benefits and oveFhead GGGtS. All fees shall be paid to the city engineer .prior to final city acceptance of the work. (Ord. 3375 § 4, 1979.) 13.40.060 Payback agreement. A. The public works director is authorized and directed to execute payback agreements for public utilities as defined in ACG 13.40.015 at the request of the developer upon city council approval. The agreement shall be executed in conformance Ordinance No. 5791 September 16, 2003 Page 3 with the ' Sanitary Sewers, Sewers, WateF and ".faciliy extension requirements of this chapter. B. The payback reimbursement charge to other properties shall be based on the total project cost, figured on a front foot or area assessment basis, or other equitable method, as determined by the city, or any combination of these methods at the reasonable discretion of the public works director. The project costs may include all applicable design and construction charges of the project submitted by the developer and approved by the city. C. All properties connecting to a public utility system for which a payback agreement is in force and which property has not been assessed the connection fee as provided in the payback agreement or has not borne an equitable share of the costs of such public system shall be subject to a payback connection charge. The connection charge shall be based on a pro rata share of the costs as stated in the payback agreement, at the reasonable discretion of the public works director and approved by the city council. Payment of the payback charge shall be made in full to the city prior to connecting to the public utility system. (Ord. 4759 § 1, 1995.) SECTION FIVE. GENERAL SEVERABILITY. That if any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstances shall not be affected. SECTION SIX. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION SEVEN. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 5791 September 16, 2003 Page 4 PUBLISHED: Ordinance No. 5791 September 16, 2003 Page 5 EXHIBIT "A" CITY OF AUBURN FEE SCHEDULE FEES FOR CITY PERMITS AND ACTIONS A. Planning & Land Use Fees, Application Fees Applications for any action identified below shall not be accepted for filing until the fees per the below schedule have been paid to the City. Type Shoreline substantial development Street and alley vacations Short subdivisions Rezoning Conditional use permits Mining permits Preliminary plats Final plats Hearing Examiner variances Hearing Examiner cases (non -variance) temporary uses, special exceptions, administrative appeals, off-site parking lots Planned Unit Developments Lot line adjustments Administrative use permits Special home occupation permits Environmental checklists Impact statements Fee for Posting Public Notices (per Ch. 1.27 ACC) Type of Mounting Board Type I Type II Type III Ordinance No. 5791 September 16, 2003 Page 6 Fee $1,000.00 $250.00 $1,000.00 $1,500.00 $750.00 $1,000.00 $3,000.00 $1,000.00 $1,000.00 $200.00 $500.00 $200.00 $2,000.00 $200.00 $500.00 $400.00 $100.00 $700.00 residential commercial and $50.00 per lot and $30.00 per lot residential other (non-residential) and $50.00 per acre single family other For actions requiring an impact statement plus actual cost for preparation of review of draft and final impact statements, including lab or, materials, mailing, and other actual costs related to the drafting and circulating of the impact statement. Fee Replacement Per Board Cost, Per Board $20.00 $50.00 $30.00 $75.00 $50.00 $100.00 Sign Permits (per Ch. 18.56 ACC) Unless exempt by Ch. 18.56 ACC, the fee shall accompany each application for a sign permit. The amount of the fee shall be based upon the value of the sign pursuant to Table 1-A, Ch. 1, 1997, Uniform Building Code. Additional Sign Fees Appeals and variance applications $200.00 Temporary sign permits (issued by hearing examiner) $100.00 Comprehensive Plan Text Amendments* $500.00 Comprehensive Plan Map Amendments* $1,500.00 *Fees for amendments to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment affecting specific properties, rather than the City generally or property within the City generally. B. Auburn Municipal Airport Lease Fees Type Fees Open hangar (buildings 3, 4, 5, 6, 7) $159.51 Open twin hangar (building 8) $208.30 Closed hangar (building 2) $224.98 Closed hangar (buildings 9, 10) $354.12 Tiedown $57.36 Storage units (buildings 2, 3, 4, 5, 6, 7, 8) $65.46 Storage units (185 sq. ft. — buildings 9, 10) $86.57 Storage units (380 sq. ft. — buildings 9, 10) $129.86 Storage units (430 sq. ft. — buildings 9, 10) $151.50 A surcharge of $3.00 per month is charged in addition to the base monthly rental fees provided in this section for all tiedown, hangar and storage rental fees to be used for the provision of increased security at the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). The above leases are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charge is reflected in monthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 2003. Automatic gate electronic cards. One automatic gate electronic card will be issued to each tenant free of charge. Any additional electronic cards requested by a tenant are subject to a $25.00 refundable deposit charge. A $25.00 replacement fee will be assessed against the tenant for all lost or damaged electronic cards. All electronic cards must be returned to the airport at the time of lease expiration. Ordinance No. 5791 September 16, 2003 Page 7 C. Building Permit Fees Building Permit fees under the Uniform Building Code (UBC), or other building permit fees that use total valuation as the determinant of the fee amount, shall be based upon the following table: BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $27.00 $501.00 to $2,000.00 $27.00 for the first $500.00 plus $4.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $79.00for the first $2,000.00 plus $16.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $447.00 for the first $25,000.00 plus $12.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $734.00 for the first $50,000.00 plus $8.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,133.00 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,687.00 for the first $500,000.00 plus $6.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,394.00 for the first $1,000,000.00 plus $4.00 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hour...................................................................... $54.00 per person 1 (minimum charge -two hours) 2. Reinspection fees assessed under provisions of Section 305.8 ............................................ $54.00 per person 1 3. Inspections for which no fee is specifically indicated......................................................... $54.00 per person 1 (minimum charge -one-half hour) 4. Additional plan review required by changes, additions or revisions to plans ...................... $54.00 per person 1 (minimum charge -one-half hour) 5. For use of outside consultants for plan checking and inspections, or both ................................. Actual costs 2 1 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2 Actual costs include administrative and overhead costs. Building Code Appeals (ACC 15.08.020) $500.00 D. Police Department Fees Type Fees Police Report/Collision Report $10.00 (fee not charged where requested by victim or party involved) Ordinance No. 5791 September 16, 2003 Page 8 E. F. Fingerprinting Fees $6.00 (fee not charged where taking of fingerprints is required by the city) Health Services $5.00 (to be collected from persons confined in the Auburn City Jail who request health services) City Clerk Fees Type Fees Fees for public records - Collection. Noncertified copies of public records $0.15 per page (where no special search or documentation is required) Certified copies of public records $3.00 per page Noncertified copies of public records $3.00 for 1St page (where a search or documentation is required) and $0.50 each add'I page Fees for Auburn City Code book and supplements. Copy of Auburn City Code book $98.50 per code book (with latest supplement) Supplements to the Auburn City Code book $9.50 per copy. City Cemetery Fees Type Fees Property Graves — Standard Sections 1 — 5 $ 695.00 Memory Meadow 1,090.00 Sections 6 and 7 1,090.00 Section 9 1,385.00 Section 9 Double Depth (includes 2 Lawn Crypts) 2,765.00 Section 9, Upright Section 2,645.00 Children's Place 265.00 Section 9 — Upright Section Urn Plots (up to 4 urns) 2,645.00 Centennial Urn Garden 420.00 Centennial Urn Garden Companion 840.00 Columbarium Wall Single 650.00 Columbarium Wall Double 925.00 Centennial Columbarium Wall Single 780.00 Double 1,185.00 Companion 1,565.00 Phase II — Centennial Columbarium Wall 1. Top Row 1,655.00 Ordinance No. 5791 September 16, 2003 Page 9 2. Middle Row 1,520.00 3. Middle Row 1,520.00 4. Bottom Row 1,385.00 Phase II - Centennial Columbarium Companion 195.00 1. Top Row 3,310.00 2. Middle Row 3,045.00 3. Middle Row 3,045.00 4. Bottom Row 2,775.00 Mausoleum Niches - Single 445.00 Mausoleum Niches - Double 680.00 Extended Land Use 135.00 Memorial Plaque 265.00 Opening and Closing 10,000.00 Vault/Liner 795.00 Children's Place 210.00 Cremation Plot 270.00 Niche 255.00 Entombment 550.00 Set up charge 145.00 Marker Services Setting Flat Marker 180.00 Setting Upright Monument 345.00 Resetting Fee - Flat 115.00 Resetting Fee - Upright 290.00 Recording Fee 25.00 Overtime Per Person, Per Half Hour 28.00 Saturday Service Fee Full Burial 340.00 Cremation 180.00 Flower Vases Standard Stainless Steel 45.00 Deluxe Cast Zinc 90.00 Deluxe Niche Vase 90.00 Liners Mountain View Vault 340.00 Concrete Liner 340.00 Double Depth Liner 680.00 Infant 195.00 Urn Encasement 160.00 Vaults (Other than Mtn. View Vault) 1.4 x cost Markers 1.67 x cost Urns Basic 20.00 Deluxe Urns 1.67 x cost Millennium Mausoleums - Crypts (Proposed Completion 2000) Each crypt - Top 10,000.00 Each crypt - Bottom 9,000.00 Ordinance No. 5791 September 16, 2003 Page 10 Millennium Mausoleums Building Niches Outside Niches Inside Niches Discounts Marker setting by private parties. (Setting must meet the cemetery specifications - border size, cleanup, work signed off by cemetery coordinator.) G. Fire Department Fees Type Fire Code Appeals (ACC 15.36.020) Permit Fees (per UFC § 105)** Initial permit Annual renewal Inspection Fees (per UFC § 103, Ch 15.38 ACC)** Initial inspection 1 st re -inspection 2nd re -inspection Any subsequent (after 2nd) re -inspection After Hours Fee (for fire inspections or permit work required to occur outside of normal business hours) ** For permits and inspections not covered by the Uniform Building Code or building code fee schedule/table. H. Public Works Department Fees Transportation Impact Fee Rate Schedule 1,950.00 3,900.00 $10.00 Fees $500.00 No Charge No Charge 45.00 100.00 53.58 per hour (2 hour min.) Unit of Basic Impact Land Use Measure Trip Rate Fee Rate Residential SF residential dwelling 1.01 $677.71 MF residential dwelling 0.62 $440.91 Mobile home in MH park dwelling 0.49 $261.35 Retirement community dwelling 0.27 $144.01 Hotel room 0:61 $468.78 Motel room 0.47 $361.19 Commercial — Services Drive-in bank lane 63.33 $10;895.93 Ordinance No. 5791 September 16, 2003 Page 11 Walk-in bank sf/GFA 33.15 $7.61 Day care center sf/GFA 13.20 $2.501 Library sf/GFA 7.09 $1.74 Post office sf/GFA 10.79 $2.65 Service station VFP2 14.56 $1,903.84 Service station w/minimart sf/GFA 96.37 $9.45 Auto care center sf/GLA 3.38 $0.99 Movie theater sf/GFA 3.80 $1.43 Health club sf/GFA 4.30 $1.91 Commercial - Institutional sf/GFA 53.73 $5.97 Elementary school sf/GFA 1.20 $0.69 Middle school/jr. high sf/GFA 1.20 $0.69 High school sf/GFA 1.02 $0.66 Church sf/GFA 0.66 $0.47 Hospital sf/GFA 0.92 $0.71 Commercial - Restaurant Restaurant sf/GFA 7.49 $3.89 High turnover restaurant sf/GFA 10.86 $3.84 Fast food restaurant sf/GFA 33.48 $6.43 Commercial - Retail Shopping Shopping center sf/GFA 3.76 $2.24 Up to 9,999 sq. ft. sf/GLA 13.70 $1.69 10,000 to 49,999 sq. ft. sf/GLA 9.46 $1.49 50,000 to 99,999 sq. ft. sf/GLA 6.92 $1.09 100,000 to 199,999 sq. ft. sf/GLA 5.47 $1.08 200,000 to 299,999 sq. ft. sf/GLA 4.60 $0.98 300,000 to 399,999 sq. ft. sf/GLA 4.10 $1.15 Over 400,000 sq. ft. sf/GLA 3.77 $1.30 Supermarket sf/GFA 11.51 $3.47 Convenience market sf/GFA 53.73 $5.97 Freestanding discount store sf/GFA 4.24 $0.97 Hardware/paint store sf/GFA 4.42 $0.58 Specialty retail center sf/GFA 2.59 $0.43 Furniture store sf/GFA 0.45 $0.09 Car sales -New sf/GFA 2.80 $1.98 Car sales - Used space3 0.28 $197.84 Commercial - Office Up to 49,999 sq. ft. sf/GFA 3.76 $2.24 50,000 to 99,999 sq. ft. sf/GFA 2.18 $1.92 100,000 to 199,999 sq. ft. sf/GFA 1.65 $1.45 200,000 to 299,999 sq. ft. sf/GFA 1.44 $1.27 Over 300,000 sq. ft. sf/GFA 1.35 $1.19 Medical office sf/GFA 3.66 $2.52 Ordinance No. 5791 September 16, 2003 Page 12 Industrial Light industry/ manufacturing sf/GFA 0.98 $0.96 Heavy industry sf/GFA 0.68 $0.67 Industrial park sf/GFA 0.92 $0.90 Mini-warehouse/storage sf/GFA 0.26 $0.26 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 6th Edition. B. Impact fee rate calculation is based upon the following methodology: — Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure) — Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. The City fee for review of any special study shall be a non-reimbursible fee of $250.00 per study submittal payable prior to City review of any independent fee study. D. Per trip fee is $573.50. E. sf = square foot = sq. ft. Footnotes: 1 Impact fee rate was $3.80/sf. For the economic welfare of the citizens of Auburn, rate has been reduced to $2.50/sf. 2 VFP = vehicle fueling position.. 3 Space is individual vehicle sales space: 70 vehicles for sale = 70 vehicle spaces. Facility Extension Fees Facility Extension Fees are the summation of the following categories (a+b+c+d): a. For the combined linear footage of water, sewer and storm drainage facilities: The first 0 lineal feet (LF) to 1000 LF is charged at $5.00 per LF plus, The next 1001 LF to 2500 LF is charged at $2.50 per LF plus, Any additional over 2500 LF is charged at $1.50 per LF. b. For the linear footage of street facilities: The first 0 LF to 500 LF will be charged at $6.25 per LF plus, The next 501 LF to 1000 LF will be charged at $3.75 per LF plus. Any additional over 1000 LF will be charged at $1.00 per LF. c. For non-linear extensions such as pump stations or traffic signals, the extension fee will be determined by the City Engineer based on an estimate of the City's labor Cost associated with the plan review, inspection, and administration of the application d. For facilities located in existing King County Right -of -Way (ROW), an additional extension fee will be charges as follows: $400.00 plus $4.50 per LF of the combined water and sewer facilities extension located within the existing King County ROW. Ordinance No. 5791 September 16, 2003 Page 13 Facility Extension Fees will be paid as follows: 1. Forty percent (40%) at the time of execution of the facility extension agreement 2 Sixty percent (60%) upon the City's approval of the construction drawings and prior to the start of construction. Ordinance No. 5791 September 16, 2003 Page 14