Chapter 14.36
LATECOMER AGREEMENTS
Sections:
14.36.020 Application authorized—Purpose—Term.
14.36.030 Guidelines establishment authority.
14.36.040 Rights and nonliability of city.
14.36.050 Application requirements—Fee.
14.36.060 Eligibility of applicants.
14.36.070 Street system improvement—Procedure.
14.36.080 Utility system improvements—Procedure.
14.36.010 Definitions.
The following definitions control for purposes of this chapter:
A. 1. “Street system improvements” include the acquisition of right-of-way and/or easements, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements as required by the street standards of the city. A latecomer agreement shall not be approved for the improvement of a developer’s abutting rights-of-way and transitions as required by city ordinance. An exception may apply where vertical grade and alignment changes are required by the city engineer to promote traffic safety and the city engineer recommends a latecomer agreement.
2. No latecomer agreement shall be approved for street improvements that do not include concrete curb, gutter and sidewalks on the benefiting side of the street. The appropriate asphalt width shall be determined by city ordinance in accordance with current design and construction standards and specifications.
3. No latecomer agreement shall be approved for alley improvements.
B. “Utility system improvements” shall include the acquisition of right-of-way and/or easements, design and installation of the system to city design standards including:
1. “Water” includes such things as mains and appurtenances including service lines, valves, fire hydrants, pumping of pressure reducing stations, testing, etc.
2. “Sewer” includes such things as mains and related appurtenances including side sewers, lift stations, telemetering facilities, testing, etc.
3. “Storm drainage” includes such things as mains and related appurtenances including public detention facilities. (Ord. 1115-85 § 2, 1985)
14.36.020 Application authorized—Purpose—Term.
Any developer utilizing private funds to install street, water or sewer (sanitary and/or storm) improvements and appurtenances costing more than four thousand dollars, said limit to be adjusted annually in accordance with the ENR (Engineering News-Record) Index, on public right-of-way may apply to the city to establish a latecomer agreement for recovery of a pro rata share of the cost of constructing said public improvements from other practices that will later derive a benefit from said improvements. No latecomer agreement shall extend for a period longer than ten years from the date of final acceptance by the city. The city council shall have discretion to authorize or not to authorize latecomer agreements on a case-by-case basis. (Ord. 1115-85 § 1, 1985)
14.36.030 Guidelines establishment authority.
The city engineer shall establish guidelines and rules, regulations, policies and procedures for all applications for latecomer agreements. (Ord. 1115-85 § 3, 1985)
14.36.040 Rights and nonliability of city.
The city reserves the right to refuse to enter into any latecomer agreement or to reject any application therefor. All applications for latecomer agreements shall be made on the basis that the applicant releases and waives any claims for any liability of the city in establishment and enforcement of latecomer agreements. The city shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through latecomer agreements. Any collected funds unclaimed by developers after three years from the expiration of the agreement shall be returned to parties making payment to the city. Any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by city council. (Ord. 1115-85 § 4, 1985)
14.36.050 Application requirements—Fee.
All applications for latecomer agreements shall be on forms approved and established by the city engineer and shall be accompanied by a nonrefundable application fee of two hundred dollars plus twenty-five dollars for every separate parcel to be encumbered by the agreement to cover the city’s expenses in processing the application. The city engineer shall establish other requirements for the form of the application. (Ord. 1115-85 § 5, 1985)
14.36.060 Eligibility of applicants.
Applicants for latecomer agreements shall be in compliance with all city ordinances, rules and regulations to be eligible for processing of latecomer agreements. (Ord. 1115-85 § 6, 1985)
14.36.070 Street system improvement—Procedure.
The procedures to be followed for latecomer agreements for street system improvements shall be as follows:
A. City will formulate an assessment reimbursement area (benefit area) based upon a determination of which parcels adjacent to the improvements would require similar street improvements upon development.
B. The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by registered mail to the property owners of record as shown on the records of the Snohomish County assessor within the proposed assessment area. If any property owner requests a hearing in writing within twenty days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners at least ten days in advance of the council meeting. The city council’s ruling is determinative and final.
C. The latecomer agreements must be recorded in the Snohomish County auditor’s office within thirty days of the final execution of the agreement. It shall be the sole responsibility of the latecomer applicant to record said agreement.
D. Once recorded, the latecomer agreement shall be binding on owners of record within the assessment area who are not party to the agreement.
E. All notice requirements set forth herein shall be the sole responsibility of the applicant for latecomer’s agreement and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein. (Ord. 1115-85 § 7, 1985)
14.36.080 Utility system improvements—Procedure.
The procedures to be followed for latecomer agreements for utility system improvements shall be as follows:
A. City will formulate an assessment reimbursement area (benefit area) based upon a determination of which parcels did not contribute to the original cost of such utility system improvement and who may subsequently tap onto, drain to, or use the same including users connected to laterals or branches connecting thereto.
B. The preliminary determination of area boundaries and assessments, along with a description of the property owners’ rights and options, shall be forwarded by registered mail to the property owners of record as shown on the records of the Snohomish County assessor within the proposed assessment area. If any property owner requests a hearing in writing within twenty days of the mailing of the preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners at least ten days in advance of the council meeting. The city council’s ruling is determinative and final.
C. The latecomer agreements must be recorded in the Snohomish County auditor’s office within thirty days of the final execution of the agreement. It shall be the sole responsibility of the latecomer applicant to record said agreement.
D. Once recorded, the latecomer agreement shall be binding on owners of record within the assessment area who are not party to the agreement.
E. All notice requirements set forth herein shall be the sole responsibility of the applicant for latecomer agreement and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein. (Ord. 1115-85 § 8, 1985)