Chapter 12.119
ROAD IMPROVEMENT REIMBURSEMENT
Sections:
12.119.020 Authorization for street project assessment reimbursement contracts.
12.119.030 Application—Contents.
12.119.040 Eligibility of applicants.
12.119.050 Assessment methods.
12.119.060 Rights and nonliability of city.
12.119.070 Notice to property owners.
12.119.080 City council action.
12.119.090 Contract execution and recording.
12.119.010 Purpose.
This chapter implements and makes available to the public the provisions of Chapter 35.72 RCW regarding financing local infrastructure investments as the provisions now exist or may be amended. (Ord. 23-13 § 1, 2023)
12.119.020 Authorization for street project assessment reimbursement contracts.
Any developer using private funds to install street improvements on public right-of-way in an assessment reimbursement area may apply to the city to establish a street project assessment reimbursement contract. If a developer constructs public improvements in an assessment reimbursement area, this contract will enable the developer to recover a pro rata share of the cost of construction from other parties who develop their property afterward and derive a benefit from the improvements. The city manager or designee is authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by state law, provided such application substantially conforms to the requirements of this chapter. No street project assessment reimbursement contract will extend for a period longer than fifteen years from the date of final acceptance by the city. The city council has discretion to authorize or not to authorize street project assessment reimbursement contracts on a case-by-case basis. (Ord. 23-13 § 1, 2023)
12.119.030 Application—Contents.
Applications for the establishment of an assessment reimbursement area must be accompanied by the application fee set by resolution by the city council. An application must include the following items:
Detailed record drawings of the entire street project prepared and stamped by a licensed engineer, the cost of which is to be borne by the assessment reimbursement area.
Itemization of all costs of the street project prepared by a licensed engineer including, but not limited to, design, grading, paving, and the installation of curbs, gutters, storm drainage, sidewalks, bike lanes, planting strips, streetlights, and other similar improvements as required by city street standards, as well as the costs of engineering, construction, property acquisition, and contract administration. Any traffic impact fee credits received shall be subtracted from the final cost.
A map and legal descriptions sufficient to identify the proposed boundaries of the assessment reimbursement area and each separately owned parcel within it. The map must identify the location of the street project in relation to the parcels of property in the area.
A roll showing the assessment reimbursement that is proposed for each separate parcel of property within the assessment reimbursement area. The reimbursement will be determined by apportioning the total street project costs among such parcels on the basis of the benefit of the project to each such parcel of property within the area.
A complete list of the recorded owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and stating the name and mailing address of each owner.
Envelopes addressed to each recorded owner of property in the assessment reimbursement area who has not contributed his/her pro rata share of such costs. The applicant must affix or provide proper postage for certified mail.
Copies of executed deeds and/or easements with title assurance indicating that the applicant is the grantee for all property necessary for the installation of the proposed street project.
If a developer is installing utility improvements under BGMC 17.200.201 et seq., and requests a utility reimbursement contract under that provision, and is concurrently installing street improvements under this chapter and requests a street reimbursement contract, a combined reimbursement contract may be proposed and processed under the provisions of applicable law; provided, that the city shall have sole discretion to determine whether the benefit areas for the utility improvements and the street improvements are identical and, on making such a determination, to process a combined reimbursement contract under the more restrictive provisions applicable to either form of reimbursement contract as set forth in the BGMC or state law. (Ord. 23-13 § 1, 2023)
12.119.040 Eligibility of applicants.
Applicants for street project assessment reimbursement contracts must be in compliance with all city ordinances, rules, and regulations. To be eligible for a reimbursement contract, the estimated total cost of the street improvements must be at least five thousand dollars, as determined by the public works director, whose determination shall be final and conclusive. (Ord. 23-13 § 1, 2023)
12.119.050 Assessment methods.
The city manager or designee will use a method of assessment based on the benefit to the property owner from the project, which may be based on front footage, acre, or other equitable basis so that each property owner obligated to make a payment under this chapter will pay a fair, pro rata share of the cost of construction of the improvement and reimbursement of contract administration costs of the street project. The methods of assessment authorized in Chapter 35.44 RCW for local improvement districts may be used. The final cost of the improvements shall be reviewed against the preliminary assessments established by the city and used as a basis for determining reimbursement amounts, with a maximum allowable cost overrun of ten percent. (Ord. 23-13 § 1, 2023)
12.119.060 Rights and nonliability of city.
The city reserves the right to refuse to enter into any street project assessment reimbursement contract or to reject any application for such a contract. All applications for street project assessment reimbursement contracts will be made on the basis that the applicant releases and waives any claims for any liability of the city in establishing and enforcing street project assessment reimbursement contracts. The city is not responsible for locating any beneficiary or survivor who may be entitled to benefits by or through street project assessment reimbursement contracts. In acting in accordance with this chapter, the city in no way guarantees payment of assessments by latecomers, or enforceability of assessments, or enforcement of any reimbursement contract or the amount thereof against any persons or property. It shall be the obligation of any developer to take whatever lawful, authorized means are available to enforce payment of assessments. Any collected funds unclaimed by a developer after three years from the expiration of the contract will be returned to parties making payment to the city. Any undeliverable funds will inure to the benefit of a utility and/or fund approved by the city council. (Ord. 23-13 § 1, 2023)
12.119.070 Notice to property owners.
Before executing any contract with the city establishing an assessment reimbursement area, the city manager or designee will mail a notice by certified mail to all recorded property owners within the assessment reimbursement area. The city will use the information and materials supplied by the applicant to mail the notices. The notice will state the preliminary boundaries of the assessment reimbursement area and the estimated amount that will be assessed to the property owner. The notice also must include wording that is substantially the following statement:
As a property owner within the assessment reimbursement area whose preliminary boundaries are shown on the map that accompanies this notice, under certain circumstances, you, or your heirs and assigns, will be obligated to pay a pro rata share of the costs of construction and contract administration of a certain street project that has been preliminarily determined to benefit your property. The proposed estimated amount of the pro rata share or assessment is part of this notice.
If any development permits are issued for development within ______________ years of the date a contract establishing the assessment reimbursement area is recorded with Clark County, you, or your heirs and assigns, will have to pay that share, if the development would have required similar street improvements for approval.
You have a right to request a hearing before the City Council within 20 days of the date of this notice with regard to the area boundaries and benefits and charges. Your request must be made in writing and filed with the City Clerk.
After the contract with the city is recorded, it will be binding on all owners of record within the assessment reimbursement area who are not parties to the contract. (Ord. 23-13 § 1, 2023)
12.119.080 City council action.
If any owner of property within the proposed assessment reimbursement area requests a hearing in writing within twenty days of the mailing of the notice of the establishment of the assessment reimbursement area, a hearing will be held before the city council. The city will send a notice of the hearing via certified mail to all affected property owners and will carry out the regular notice requirements specified by this code. The applicant will bear the cost of mailing the notices. At the hearing, the city council will take testimony from affected property owners and determine the boundaries of the area, the amount of assessments, and the length of time over which reimbursement will be required. At the hearing, the city council also will authorize the execution of appropriate documents. The city council’s ruling is determinative and final. If a hearing is not requested within twenty days of the mailing of the notice of the establishment of the assessment reimbursement area, the city council may consider and take final action on these matters at any public meeting twenty days after the notice was mailed. (Ord. 23-13 § 1, 2023)
12.119.090 Contract execution and recording.
Within thirty days of final city council approval of a street project assessment reimbursement contract, the applicant will execute and present such contract for the signature of the appropriate city officials. The contract must be recorded in the Clark County auditor’s office within thirty days of the final execution of the contract. Recording costs shall be at the developer’s expense. If the contract is so filed and recorded, it will be binding on the property owners of record within the assessment area who are not party to the contract. Regardless of whether the city undertakes to record the agreement, the developer shall have the independent duty to review the auditor’s records to confirm that the contract has been properly and timely recorded. (Ord. 23-13 § 1, 2023)
12.119.100 City funding.
As an alternative to owners of real estate being solely responsible for financing projects under this chapter, the city may join in the financing of improvement projects and may be reimbursed in the same manner as the owners of real estate who participate in the projects, if the city has specified the conditions of its participation in an ordinance. As a third alternative, the city may create an assessment reimbursement area on its own initiative, without the participation of a private property owner, finance the costs of the road or street improvements, and become the sole beneficiary of the reimbursements that are contributed. The city may be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the assessment reimbursement area. No city costs for improvements that benefit the public may be reimbursed. (Ord. 23-13 § 1, 2023)