Chapter 12.14
STREET ASSESSMENT REIMBURSEMENT AGREEMENTS
Sections:
12.14.030 Application – Contents.
12.14.040 Application requirements – Fee.
12.14.050 Eligibility of applicants.
12.14.070 Rights and nonliability for city.
12.14.080 Notice to property owners.
12.14.090 City council action.
12.14.100 Contract execution and recording.
12.14.010 Purpose.
This chapter implements and makes available to the public the provisions of Chapter 35.72 RCW as the same now exists or may hereafter be amended.
(Ord. O2002-021, Added, 09/17/2002)
12.14.020 Authorization.
Any developer utilizing private funds to install street improvements on the 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 designing and constructing said public improvements from other parties that subsequently develop their property and that will later derive benefit from said improvements. The public works director 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 latecomer agreement shall extend for a period longer than fifteen 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. O2002-021, Added, 09/17/2002)
12.14.030 Application – Contents.
Applications for the establishment of an assessment reimbursement area shall be accompanied by the application fee as set by the city council and shall include the following items:
A. Detailed construction plans and drawings of the entire street project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer.
B. Itemization of all construction costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and contract administration.
C. A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.
D. A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property with the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within said area.
E. A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.
F. Envelopes addressed to each of the record owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for certified mail shall be affixed or provided.
G. Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project.
(Ord. O2002-021, Added, 09/17/2002)
12.14.040 Application requirements – Fee.
All applications for latecomer agreements shall be accompanied by a nonrefundable application fee of $200.00 plus $25.00 for every separate parcel to be encumbered by the agreement, to cover the city’s expenses in processing the application.
(Ord. O2002-021, Added, 09/17/2002)
12.14.050 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. O2002-021, Added, 09/17/2002)
12.14.060 Assessment methods.
The public works director or designee shall use a method of assessment which is based on the benefit to the property owner from the project. The methods of assessment authorized in Chapter 35.44 RCW for local improvement districts may be used.
(Ord. O2002-021, Added, 09/17/2002)
12.14.070 Rights and nonliability for 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 the city council.
(Ord. O2002-021, Added, 09/17/2002)
12.14.080 Notice to property owners.
Prior to execution of any contract with the city establishing an assessment reimbursement area, the public works director or designee shall mail, via certified mail, a notice to all record property owners within the assessment reimbursement area as determined by the city on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rata share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within __________________ (_________) years of the date of a contract establishing such area is recorded with Thurston County provided such development would have required similar street improvements for approval.
You have a right to request a hearing before the city council within twenty (20) days of the date of this notice. All such requests must be made in writing and filed with the city clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract.
(Ord. O2002-021, Added, 09/17/2002)
12.14.090 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 preliminary determination, a hearing shall be held before the city council, notice of which shall be given to all affected property owners in addition to the regular notice requirements specified by this code, the cost of which shall be borne by the applicant. At a hearing the city council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required and shall authorize the execution of appropriate documents. The city council’s ruling of these matters is determinative and final. If no hearing is requested, the city council may consider and take final action on these matters at any public meeting twenty days after notice was mailed to the affected property owners.
(Ord. O2002-021, Added, 09/17/2002)
12.14.100 Contract execution and recording.
Within thirty days of final city council approval of an assessment reimbursement agreement, the applicant shall execute and present such agreement for the signature of the appropriate city officials. The agreement must be recorded in the Thurston County auditor’s office within thirty days of the final execution of the agreement. If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement.
(Ord. O2002-021, Added, 09/17/2002)
12.14.110 City funding.
As an alternative to financing projects under this chapter solely by owners of real estate, 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 another 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 improvement, 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 improvements within the assessment reimbursement area established pursuant to this chapter. No city costs for improvements that benefit the general public may be reimbursed.
(Ord. O2002-021, Added, 09/17/2002)