Chapter 19.28
CONTRACT FOR STREET IMPROVEMENT
Sections:
19.28.010 Contract with property owners for required street improvements.
19.28.020 Partial reimbursement of costs by other property owners.
19.28.030 Projects subject to reimbursement.
19.28.040 Payment of actual costs.
19.28.050 Determining reimbursement share.
19.28.060 Procedure for assessment reimbursement contract.
19.28.070 Responsibility of city—Administrative costs.
19.28.010 Contract with property owners for required street improvements.
Pursuant to Chapter 126, Laws of 1983, the city, with approval of the city council, may contract with the owners of real property for construction or improvement of street projects which:
(1) The owners elect to install as a result of policies or regulations adopted by city ordinance that require the projects as a prerequisite to further property development; or
(2) Are required as reasonable mitigation measures as the result of SEPA review of a proposed property development. (Ord. 2789 § 1, 1984)
19.28.020 Partial reimbursement of costs by other property owners.
The contract may provide for the partial reimbursement to the owner or the owner’s assigns for a period not to exceed fifteen years of a portion of the costs of the project by other property owners who:
(1) Are determined to be within the assessment reimbursement area pursuant to Section 19.28.060;
(2) Are determined to have a reimbursement share based upon a benefit to the property pursuant to Section 19.28.050;
(3) Did not contribute to the original cost of the street project; and
(4) Subsequently developed, or redeveloped to a higher use, their property within the fifteen-year period and at the time of development or redevelopment were not required to install similar street projects because they were already provided for by the contract. (Ord. 2789 § 2 (part), (1 — 4), 1984)
19.28.030 Projects subject to reimbursement.
Street projects subject to reimbursement may include 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. (Ord. 2789 § 2 (part), 1984)
19.28.040 Payment of actual costs.
The contract referred to in Section 19.28.010 shall specify whether:
(1) The property owners, parties to the contract, shall pay to the city the actual costs to the city of the construction, including public works contract administrative costs, in which case the city shall, within the time specified in the contract, call for bids for construction as a public work or public improvement; or
(2) The property owners, parties to the contract, will contract for the construction or improvement projects to be completed at their expense, in which case all design work, plans and specifications shall first be approved by the city, and the completed project shall be inspected, approved and accepted by the city prior to the institution of the assessment procedures and the recording of the contract as provided in Section 19.28.060. All costs and expenses incurred by the city pursuant to this subsection shall be reimbursed to the city by the contracting property owners at or prior to acceptance of the construction or improvement project. The city shall not be responsible for, or liable to any person by reason of, defect in design construction or maintenance prior to acceptance. (Ord. 2789 § 5, 1984)
19.28.050 Determining reimbursement share.
Any reimbursement so provided for by contract shall be a pro rata share of construction and reimbursement of contract administration costs of the street project. The city shall determine the reimbursement share by using any method of cost apportionment which is based on the benefit to the property from such project. (Ord. 2789 § 3, 1984)
19.28.060 Procedure for assessment reimbursement contract.
The procedures for assessment reimbursement contracts shall be governed by the following:
(1) An assessment reimbursement area shall be formulated by the city based upon a determination by the city of which parcels of real property adjacent to the improvements would require similar street improvements upon development.
(2) 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, 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. The ruling of the city council following the hearing shall be determinative and final.
(3) The contract must be recorded in the office of the King County recorder’s office within thirty days of the final execution of the agreement.
(4) If the contract is so recorded, it shall be binding on all owners of record, including subsequent owners of record within the assessment area who are not a party to the contract. (Ord. 4491 § 11 (part), 2015; Ord. 2789 § 4, 1984)
19.28.070 Responsibility of city—Administrative costs.
In the event the contract includes, pursuant to Section 19.28.020, provision for reimbursement, the city shall not be responsible to any person, including those persons entitled to receive reimbursement payments for payment of reimbursement, except as to moneys actually received by the city in payment of Section 19.28.060 assessments, and then only upon actual receipt of such payments by the city. The city shall retain from such payments as received fifteen percent thereof for administration costs and shall reimburse the balance. (Ord. 2789 § 6, 1984)