Chapter 13.18
SEWER ASSESSMENT REIMBURSEMENT AGREEMENTS
Sections:
13.18.030 Application – Contents.
13.18.040 Application requirements – Fee.
13.18.050 Eligibility of applicants.
13.18.070 Rights and nonliability of city.
13.18.080 Notice to property owners.
13.18.090 City council action.
13.18.100 Contract execution and recording.
13.18.010 Purpose.
This chapter implements and makes available to the public the provisions of Chapter 35.91 RCW as the same now exists or may hereafter be amended. (Ord. 08-723 § 1, 2008)
13.18.020 Authorization.
Any developer utilizing private funds to acquire public right-of-way and install sewer systems in the city of Asotin to connect to existing city sewer systems may apply to the city to establish a “latecomer agreement” for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law.
The city building department or designees are authorized to accept applications and make recommendations to the city council for the establishment by contract of an assessment reimbursement area as provided by state law. Acceptance of applications and recommendations must be based on substantial compliance with this chapter. No latecomer agreement shall extend for a period longer than 15 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.
Any owner who has requested a latecomer agreement in the 24 months prior to the adoption of the ordinance codified in this chapter may apply for a reimbursement agreement in conformity with this chapter. (Ord. 08-723 § 1, 2008)
13.18.030 Application – Contents.
Application 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 sewer project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer.
B. Itemization of all costs of the sewer project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition 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 sewer 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 within 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 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 (owner) is the grantee for all property necessary for the installation of such sewer project. (Ord. 08-723 § 1, 2008)
13.18.040 Application requirements – Fee.
All applications for latecomer agreements shall be accompanied by a nonrefundable application fee of $400.00 plus $5.00 for every separate parcel to be encumbered by the agreement, to cover the city’s expenses in processing the application. (Ord. 08-723 § 1, 2008)
13.18.050 Eligibility of applicants.
Applicants for latecomer agreements shall be in compliance with all city, state and federal ordinances, rules and regulations to be eligible for processing of latecomer agreements. (Ord. 08-723 § 1, 2008)
13.18.060 Assessment methods.
The city and owner 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 33.44 RCW for local improvement districts may be used. (Ord. 08-723 § 1, 2008)
13.18.070 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 to the city in establishment and enforcement of latecomer agreements.
Every two years from the date the contract is executed a property owner entitled to reimbursement must provide the contracting municipality with information regarding the current contract name, address, and telephone number of the person, company, or partnership that originally entered into the contract. If the property owner fails to comply with the notification requirements of this section within 60 days of the specified time, then the contracting municipality may collect any reimbursement funds owed to the property owner under the contract. Such funds must be deposited in the capital fund of the municipality. (Ord. 08-723 § 1, 2008)
13.18.080 Notice to property owners.
Prior to execution of any contract with the city establishing an assessment reimbursement area, the city 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 sewer 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 fifteen (15) years of the date a contract establishing such area is recorded with Asotin City provided such development would have required similar sewer improvements for approval.
A public hearing on this application will be held on (Date and Time) in the Asotin City Hall, Asotin, WA.
Notice of this hearing will also be published in the newspaper of general circulation in the area 20 days prior to the hearing, and the affidavit of publication be made part of the contract for reimbursement. (Ord. 08-723 § 1, 2008)
13.18.090 City council action.
At the public 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. The city council may consider and take final action on these matters no earlier than 20 days after notice was published and was mailed to the affected property owners. (Ord. 08-723 § 1, 2008)
13.18.100 Contract execution and recording.
Within 30 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 Asotin city auditor’s office within 30 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. 08-723 § 1, 2008)
13.18.110 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 requested the agreement. 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 sewer 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 established pursuant to this chapter. (Ord. 08-723 § 1, 2008)
13.18.120 Forms and fees.
The city building and public works departments are authorized to draft the application forms and to decide what constitutes a complete application. The fees may be updated and revised by resolution of the city council. (Ord. 08-723 § 1, 2008)