Chapter 12.35
LATECOMERS’ AGREEMENTS
Sections:
12.35.010 Authorization of latecomers’ agreements.
12.35.020 Application for latecomers’ agreements.
12.35.030 Preliminary approval.
12.35.040 Notice and hearing procedure.
12.35.050 Final latecomers’ agreement and assessment roll.
12.35.060 Execution and recording.
12.35.080 Title to improvements and assignment of benefits.
12.35.100 Release of assessments.
12.35.120 Nonresponsibility of the City.
12.35.010 Authorization of latecomers’ agreements.
The City establishes a procedure for authorizing latecomers’ agreements with developers, owners, and the City itself for the purpose of providing reimbursement of a pro rata portion of the original costs of water systems, sanitary sewer systems, storm water drainage systems, and street and sidewalk improvements including signalization and lighting, when such improvements are required as a condition of subdivision, reclassification, or other development. (Ord. 92-1010 § 1)
12.35.020 Application for latecomers’ agreements.
Application for a latecomers’ agreement shall be made prior to the installation of the improvement. Application shall be made upon forms prepared by the Public Works Department. Any application for a latecomers’ agreement shall contain, as a minimum, the following information:
A. Legal description of the applicant’s property;
B. Legal description of the benefitted properties;
C. Vicinity maps of applicant’s property, benefiting properties, and the location of the improvement or improvements;
D. Estimated itemized cost data for the improvements;
E. Proposed pro rata share of the cost of the improvements to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties. (Ord. 92-1010 § 2)
12.35.030 Preliminary approval.
The City Council may grant preliminary approval for a latecomers’ agreement for a period not in excess of two (2) years, based upon the information contained in the application for a latecomers’ agreement and any input from the Public Works Department, or the City Council may deny the latecomers’ agreement. The City Council may request further information from the applicant or City staff. As part of any preliminary approval, the Council shall indicate the duration for which the final latecomers’ agreement will be approved after completion of the improvements, which approval period shall not be more than fifteen (15) years. (Ord. 92-1010 § 3)
12.35.040 Notice and hearing procedure.
A. Private Improvements. Upon drafting of the preliminary assessment roll, the preliminary determination of the latecomers’ area boundaries and assessments, along with a description of the property owners’ rights and options to participate in the latecomers’ agreement, shall be forwarded by certified mail, return receipt requested, to the property owners within the proposed assessment area. The property owners may request a hearing before the City Hearing Examiner within ten (10) days of the mailing. The Hearing Examiner shall hold a public hearing, establish a record, and make a decision which shall be given the effect of a recommendation to the City Council, all pursuant to Chapter 1.20 of the SeaTac Municipal Code. The City Council’s ruling shall be determinative and final.
B. City Improvements. The City may participate in a latecomers’ agreement where the City has provided or joined in the financing of the improvements that will benefit other properties. No improvements that benefit the general public may be subject to a City held latecomers’ agreement. The City may be reimbursed for its investment in the improvements in the same manner as owners of real property who participate in an improvement project and request a latecomers’ agreement. The City may combine the preliminary and final latecomers’ agreement and assessment rolls either prior to, or following, completion of the improvements. Authority of the City to participate in a latecomers’ agreement is in addition to the power of the City to impose special utility connection charges and special assessment district charges. (Ord. 92-1010 § 4)
12.35.050 Final latecomers’ agreement and assessment roll.
Upon completion of the improvement, final costs shall be submitted to the City. The Public Works Department shall prepare a final proposed latecomers’ agreement and accompanying assessment roll. The assessment roll shall list all of the benefitted properties and owners as disclosed by the records of the King County Recorder. The cost of the improvements shall be distributed among the property owners on the roll based upon their pro rata share of the said costs. The method of assessment to be used shall be one of, or a combination of, the following methods, unless otherwise approved or directed by the City Council:
A. Front foot method;
B. Zone front foot method;
C. Square footage method;
D. Contract method;
E. Trip generation (traffic) method;
F. Other equitable method;
G. Any combination of methods A through F. (Ord. 92-1010 § 5)
12.35.060 Execution and recording.
Following receipt of the assessment roll, the City Council, if provided with sufficient information and if the improvement and cost thereof are consistent with the preliminary approval, shall grant the latecomers’ agreement and, by resolution, shall authorize the City Manager to sign the same. The fully executed latecomers’ agreement shall be recorded in the official property records of King County, Washington. (Ord. 92-1010 § 6)
12.35.070 Contract finality.
Once the latecomers’ agreement is recorded with the King County Recorder, it shall be binding on all properties and owners within the assessment area who are not party to the contract. A second notice reflecting final costs shall be mailed to the property owners by certified mail, return receipt requested, together with a copy of the latecomers’ agreement, bearing the King County Recorder’s File Number. (Ord. 92-1010 § 7)
12.35.080 Title to improvements and assignment of benefits.
Before the City will collect any latecomers’ charge, the holder of the latecomers’ agreement shall transfer title to all of the improvements to the City. The holder of the latecomers’ agreement shall also assign to the City the benefit and right to the latecomers’ charge should the City be unable to locate the holder of the latecomers’ agreement at the time of attempting to tender any charges received by the City pursuant to the latecomers’ agreement. The holder of the latecomers’ agreement shall be responsible for keeping the City informed of a current mailing address. Should the City be unable to locate the holder of the latecomers’ agreement in order to deliver a latecomers’ charge, the same shall be held by the City for the period of two (2) years. At any time within the two (2) year period, the holder of the latecomers’ agreement may receive the charge, without interest, by requesting payment of the City. After the expiration of the two (2) year period, all rights of the holder of the latecomers’ agreement to that charge shall expire, and the City shall be deemed to be the owner of the funds. (Ord. 92-1010 § 8)
12.35.090 Tender of charges.
When the City has received a latecomers’ charge, it will forward the funds to the holder of the latecomers’ agreement within thirty (30) days of receipt. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the City. (Ord. 92-1010 § 9)
12.35.100 Release of assessments.
When funds are received pursuant to latecomers’ agreement, the City shall record a certificate of payment and release of assessment as to the real property owned by the party paying the latecomers’ charge, within thirty (30) days of receipt of the funds. (Ord. 92-1010 § 10)
12.35.110 Administrative fee.
There shall be a fee to the City for the administration, processing and collecting the latecomers’ agreement charges, in the amount of 15 percent of the total amount to be collected. Prior to the granting of the final latecomers’ agreement there shall be paid to the City a processing fee in the amount of $1,000.00. The said processing fee shall be credited against the total 15 percent fee. The 15 percent fee shall be collected by deduction from each individual latecomer charge payment and the balance shall be forwarded to the developer. (Ord. 92-1010 § 11)
12.35.120 Nonresponsibility of the City.
By entering into a latecomers’ agreement, the City does not assume any responsibility for enforcement of the latecomers’ agreement or charges thereunder. The assessment roll will be a matter of public record and will serve as notice to the owners of the potential assessment should connection to the improvements be made. The holder of the latecomers’ agreement shall have sole responsibility to monitor connections to the improvement and liability for latecomers’ charges. (Ord. 92-1010 § 12)