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Chapter 12.44
AGREEMENTS FOR STREET PROJECTSSections:
12.44.010 Reimbursement for costs of street projects.
12.44.020 Petition to establish an assessment reimbursement area.
12.44.030 Denial of the petition by the department of transportation and land services.
12.44.040 Preliminary determination—Public hearing.
12.44.050 Notification to assessment reimbursement area property owners.
12.44.060 Appeals by assessment reimbursement area property owners.
12.44.070 Assessment reimbursement agreement.
12.44.100 Cost recovery authorized.
12.44.110 Definitions.
12.44.120 Establishment upon owner application.
12.44.130 County funding.
12.44.140 Board consideration of sufficiency.
12.44.150 Formation of reimbursement area.
12.44.160 Costs eligible for reimbursement.
12.44.170 Reimbursement assessments.
12.44.180 Owner-county contract.
12.44.190 Construction of improvements.
12.44.200 Reimbursement to owners and the county.
12.44.210 Effect of annexation.
12.44.220 Severability.
12.44.010 Reimbursement for costs of street projects.
Whenever any owner of real estate installs a street project, which may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements, as required by county road standards, the county may require owners of benefitted properties who subsequently develop their property to reimburse the party installing the street project for their pro rata share of the costs of the street project. The county may join in the financing of street projects and be reimbursed for its costs. (Ord. 94-61A-04 (part))
12.44.020 Petition to establish an assessment reimbursement area.
A. Any owner installing a street project which benefits other properties may petition the county to establish an assessment reimbursement area which includes other properties benefiting from the street project. The petition shall be filed with the department of transportation and land services prior to commencing work on the street project. The petition shall include all information required by the department of transportation and land services including a detailed estimate of the total cost of the street project and a proposed assessment reimbursement area. The department of transportation and land services may require the petitioner to provide additional information as necessary after filing of the petition. Any work performed on the street project prior to an assessment reimbursement area becoming final and the filing of an assessment reimbursement agreement shall be at the owner’s risk.
B. The department of transportation and land services shall determine:
1. The total cost of the street project (including but not limited to, design, engineering, construction, permit and inspection costs);
2. The assessment reimbursement area;
3. A method for assessment of reimbursement costs for properties within the assessment reimbursement area; and
4. A method for collecting the assessments.
C. Once the above determination has been made, the department of transportation and land services shall hold a public information meeting after providing at least ten days written notice to property owners of record within the assessment reimbursement area. After the meeting, the department of transportation and land services shall make a final written determination and forward it to the board of county commissioners. (Ord. 94-61A-04 (part))
12.44.030 Denial of the petition by the department of transportation and land services.
A. The department of transportation and land services may deny the petition at any time prior to forwarding a final written determination to the board of county commissioners. The denial shall be made in writing and sent to the petitioner.
B. The petitioner may appeal the denial by filing a written notice of appeal with the department of transportation and land services within fifteen days of the date of the department of transportation and land services’ written denial.
C. The board of county commissioners shall hold a hearing after giving the petitioner at least ten days written notice.
D. The board of county commissioners may uphold the denial or remand the matter to the department of transportation and land services for any or all further action necessary under Section 12.44.140. (Ord. 94-61A-04 (part))
12.44.040 Preliminary determination—Public hearing.
The board of county commissioners shall hold a public hearing on the petition for establishment of an assessment reimbursement area and the determination of the department of transportation and land services after giving at least ten days written notice to property owners of record within the proposed assessment reimbursement area. The board of county commissioners may deny the petition or accept or modify the department of transportation and land services’ final determination. If the board of county commissioners decides to establish an assessment reimbursement area, it shall adopt an ordinance of preliminary determination based on a finding that the properties within the reimbursement area are benefitted from the street project. The ordinance of preliminary determination shall include the following information:
A. A map showing the geographical boundaries of the assessment reimbursement area;
B. The assessments for the assessment reimbursement area property;
C. A description of property owners’ rights to appeal the preliminary determination of the board of county commissioners. (Ord. 94-61A-04 (part))
12.44.050 Notification to assessment reimbursement area property owners.
The clerk of the board of county commissioners shall forward by certified mail a copy of the preliminary determination ordinance to all property owners of record within the assessment reimbursement area. (Ord. 94-61A-04 (part))
12.44.060 Appeals by assessment reimbursement area property owners.
Any property owner within the assessment reimbursement area may appeal the board of county commissioners preliminary determination by filing a written request for a hearing with the board of county commissioners within twenty days of the mailing of the preliminary determination ordinance. All appeals shall heard by the board of county commissioners at one public hearing after giving at least ten days written notice to all property owners of record within the assessment reimbursement area. The board of county commissioners’ may deny the petition or accept or modify their preliminary determination. The decision shall be made by ordinance. If the board of county commissioners decide to establish an assessment reimbursement area the determination shall be based on a finding that the properties within the assessment reimbursement area are benefitted from the street projects. The decision of the board of county commissioners at an appeal hearing is determinative and final. (Ord. 94-61A-04 (part))
12.44.070 Assessment reimbursement agreement.
After the preliminary determination becomes final or after an appeal upholds the creation of an assessment reimbursement area, the county and the petitioner shall execute an agreement specifying the method of reimbursement upon collection of assessments. The assessment reimbursement area ordinance and the agreement shall be effective for a period not to exceed fifteen years. The petitioner shall cause a copy of the agreement to be recorded in the Douglas County auditor’s office within thirty days of the final execution of the agreement. The department of transportation and land services shall be responsible for administering collection and reimbursement of assessments. (Ord. 94-61A-04 (part))
12.44.100 Cost recovery authorized.
In accord with RCW Chapter 35.72 and the provisions of this chapter, the board may form an assessment reimbursement area and contract for the reimbursement to the county road fund and/or the owner the costs of county road improvements required as a prerequisite to further property development. (Ord. 94-61A-04 (part))
12.44.110 Definitions.
For the purpose of this chapter, the following definitions apply.
Assessment Reimbursement Area. The “assessment reimbursement area” for a particular road improvement or group of improvements is that geographic area adjacent to, or in the vicinity of, the road improvement(s), which includes parcels which, upon development, would be subject to road improvement and impact mitigation obligations pursuant to the Douglas County environmental policy ordinance, the platting code, the zoning code, and other land development ordinances and regulations requiring provisions for similar road improvements and/or traffic impact mitigation.
Benefited Property. Property is said to be benefited from a road improvement or group of improvements where the property would require similar road improvements or traffic mitigation obligations upon development under the land development impact mitigation ordinances and regulations of the county, but will not be required to provide similar road improvements and/or traffic impact mitigation measures because they will have already been provided for in a contract for improvements pursuant to this chapter.
Development. “Development” means all subdivisions, short subdivisions, industrial or commercial building permits, conditional or special use permits, or building permits including structures, and all similar uses in unincorporated Douglas County, and other similar projects requiring land use permits or approval by Douglas County, except single-family residences on existing tax lots.
Owner. “Owner” means the owner according to the records of the office of the county auditor of real property. (Ord. 94-61A-04 (part))
12.44.120 Establishment upon owner application.
Where county code requires public road improvements as a prerequisite to development, an owner may apply, upon forms prescribed by the administrator, to the board for the establishment of an assessment reimbursement area. The application shall include:
A. A detailed description of the owner’s development proposal;
B. A detailed description of the county road improvements which will be installed by the owner;
C. An estimate of the cost of the improvement(s);
D. A map showing the preliminary area boundaries for the specific properties the owner believes to be benefited properties in that they would require similar road improvements or road impact mitigation as a result of development;
E. A list containing the tax account number and the names and address of each owner of record, contract seller and contract purchaser and mortgagee, if any, of each ownership of property was shown on the tax rolls of the county treasurer within the proposed reimbursement area;
F. A statement of the estimated amount of benefit to the property owners which will accrue to each ownership, the estimated amount which should be assessed against each ownership based upon such benefits, and the bases for calculating such pro rata share of the assessment reimbursement as to each ownership within the proposed assessment reimbursement area;
G. A statement of the period, not to exceed fifteen years, for which pro rata share reimbursement will be required. (Ord. 94-61A-04 (part))
12.44.130 County funding.
The county may participate in funding improvements specified in this chapter. The administrator may initiate a request to the board for establishment of a reimbursement area. The administrator may also request the board to include county funding in an owner-initiated reimbursement area. The administrator will consider the general benefit, county-wide priority of the proposed road improvements, and the impacts of possible assessments upon benefited properties in considering whether or not to request county participation in funding. (Ord. 94-61A-04 (part))
12.44.140 Board consideration of sufficiency.
Upon receiving an application for establishment of an assessment reimbursement area and approval of an assessment reimbursement contract, the board shall consider the sufficiency of the assessment reimbursement area proposal using the following criteria:
A. The level of development existing or immediately proposed in the assessment reimbursement area;
B. The benefit to undeveloped, or underdeveloped, properties compared to the pro rata share of projected costs to be assessed to that property, and the impacts of assessments upon such properties;
C. The existing and project level of service and/or safety hazard on the county roads involved;
D. The condition of the roads to be improved;
E. Whether or not future development can occur without roadway improvements.
Upon review of an application, the Board in its discretion and considering any factors it deems appropriate, may reject an application without hearing. (Ord. 94-61A-04 (part))
12.44.150 Formation of reimbursement area.
A. If the Board finds the request to be sufficient, it shall instruct the administrator and prosecuting attorney to draft an ordinance and set a public hearing for consideration of the draft ordinance. The draft ordinance shall constitute the preliminary determination on the assessment reimbursement area and shall:
1. Define the improvements for which reimbursements are to be made;
2. Designate each reimbursement area by a separate number;
3. Describe the specific boundary of the assessment reimbursement area;
4. Define the estimated cost of the improvement and the estimated contribution thereto, if any, to be made by the county;
5. Define what share of costs will be paid by each property ownership using a method of cost apportionment which is based upon the benefit to the property owner from the improvement(s);
6. Define when and how reimbursements are to be paid;
7. Define the conditions of participation by and reimbursements to the county and owner involved in financing the county road improvements;
8. Define any participation by the Washington State Department of Transportation, provided that the department has entered into an agreement with the county concerning state participation.
B. The administrator will prepare and submit to the board prior to the public hearing a preliminary determination indicating the following:
1. The lots, tracts or parcels benefited by the improvements because they would require similar improvements and similar or equivalent traffic impact mitigation upon development;
2. The estimated cost, and the method of calculating such cost, to be reimbursed upon development by each lot, tract or parcel.
C. A notice of hearing on the proposed ordinance shall be published no less than ten days before the date of the hearing in the county’s official newspaper. In addition, the county may publish in a newspaper of general circulation in the area of the assessment reimbursement area a similar notice.
D. A notice of hearing shall be given each owner of record of each lot, tract or parcel of land or other property within the proposed reimbursement assessment area by mailing by certified mail said notice to each owner as shown on the tax rolls of the county treasurer. The notice of hearing shall be mailed not less than twenty days before the date of the hearing.
E. The notice shall refer to the proposed ordinance and designate the proposed assessment reimbursement area by number and include the following:
1. The preliminary determination of the area boundaries and assessments;
2. The nature of the proposed county road improvement(s);
3. The total estimated cost of the county road improvement(s) and the estimated portion, if any, to be made by the county. The cost to be borne by the county shall be broken down into that portion, if any, to be borne by the county for improvements that benefit the general public for which the county shall not be reimbursed, and that portion, if any, that will be borne by the county for improvements that benefit that portion of the public who will use the developments within the assessment reimbursement area for which the county shall be reimbursed;
4. A description of the property owners’ rights and options and the county’s options to secure reimbursement for a portion of the costs of county road improvements;
5. The proportion of the total cost to be borne by reimbursement assessments;
6. The estimated amount of the cost the expense of such improvement to be borne by the particular lot, tract or parcel and the time period for which reimbursement may be required which shall not exceed fifteen years;
7. The time, date and place of the hearing before the board.
F. On the date and at the time specified in the notice the board will conduct a hearing and listen to testimony as it relates to the desirability and the sufficiency of the proposed assessment reimbursement area and methods of calculating reimbursement assessments and the amounts thereof. The board may continue the hearing to allow for further information to be provided. When the Board has determined that adequate information has been provided it may close public testimony.
G. Following the hearing, the board may introduce an ordinance which establishes the assessment reimbursement area and determines the amount of the reimbursement assessment to be charged to each lot, tract, or parcel, and provide for the payment and collection of such assessments. Such ordinance shall be advertised and considered in the normal manner for ordinances. (Ord. 94-61A-04 (part))
12.44.160 Costs eligible for reimbursement.
The board may provide for the reimbursement of all or part of the costs advanced by the county road fund or the owner or owner’s assigns for such a county road improvement project, including:
A. The cost of all the construction or improvement authorized, including that portion of the construction or improvement within the limits of any existing right of way;
B. The estimated costs and expenses of all engineering and surveying necessary;
C. All costs of acquiring necessary rights-of-way;
D. The cost of all advertising, mailing and publishing of notices;
E. The cost of legal services and any other expenses incurred by the county in connection with such construction or improvement and in the financing thereof, including the issuance of any bonds;
F. County costs of administering the fund. (Ord. 94-61A-04 (part))
12.44.170 Reimbursement assessments.
A. Any reimbursement assessment shall be a pro rata share of costs of construction and contract administration of the improvement. The reimbursement share shall be determined by using a method of cost apportionment which is based upon the benefit to the property owner from the project.
B. A separate account shall be established for each assessment reimbursement area.
C. No assessment reimbursement shall become payable to the owner or county under the assessment reimbursement contract until the property assessed is subject to development as defined in the Douglas County Code; and the ordinance forming the area shall provide that payment of the assessment by the ordinance is a condition of the issuance of any permit or approval of development of the property assessed. Assessment reimbursement contracts filed for record in the Douglas County auditor’s office within thirty days of the final execution of the ordinance forming the assessment reimbursement area shall be binding on all owners of record within the assessment reimbursement area who are not party to the assessment reimbursement contract for the duration of the assessment reimbursement contract which may not exceed fifteen years. The treasurer is designated to collect and reimburse assessments under this chapter.
D. If the actual costs of the project are less than the cost base utilized in determining assessments, assessments shall be adjusted downward to reflect actual costs. If the costs of the project are more than the cost utilized in determining assessments, the owner shall be responsible for payment of such excess with no reimbursement to be provided for the excess. (Ord. 94-61A-04 (part))
12.44.180 Owner-county contract.
A. Subsequent to the adoption of an ordinance forming an assessment reimbursement area the owner or owners contributing funds for the project shall agree in a signed contract for contribution of funds, construction, improvement, costs, assessment, reimbursement, administration costs and other conditions, on a form approved by the county. The contract shall provide that the owner or owners agree to the reimbursement assessments and the assessment reimbursement area determined by the board as provided in the contract. Owner-county contracts provided for in an assessment reimbursement area ordinance shall be approved and executed on behalf of the county by the chairman of the board.
B. The final contract, including the assessment reimbursement area and assessment roll, shall be recorded in the county auditor’s office within thirty days of the effective date of the ordinance forming the area. If the contract is so recorded, it shall then be binding on owners of record within the assessment area who are not parties to the contract for a period not to exceed fifteen years after the contract is recorded.
C. The administrator shall mail, by certified mail, a copy of the contract to each owner of record of property within the assessment reimbursement area.
D. In the event that an owner or owners who are party to a reimbursement contract sell the property the reimbursements shall be paid to said owner or owners and not their successors unless the right to the reimbursement is assigned by said owner or owners are otherwise transferred by operation of law. (Ord. 94-61A-04 (part))
12.44.190 Construction of improvements.
The improvements for which reimbursement is sought must be constructed after October 12, 1994, and, with written permission of the administrator, may be constructed before or after the effective date of the ordinance forming the assessment reimbursement area. If the county is to be a participant, no construction shall be undertaken by the county until the county receives guarantees, security or assurances acceptable to the administrator that the owner will contribute costs, and contract for or otherwise provide or pay for improvements as required in the reimbursement contract. The owner and his property shall be responsible for performance of all his obligations under the contract and completion of construction of the project except where undertaken by the county. All records supporting expenditures and payment thereof shall be submitted to the administrator for review and filing. The administrator may verify costs and payments as necessary to assure their accuracy. Any work done by the county shall be done by competitive bidding. All work shall comply with Title 12 and Chapter 17.20 of the Douglas County Code as currently enacted or amendments thereto and all other applicable laws. No extensions of time to complete the owner’s obligations under the owner-county contract will be granted, except as provided in said contract. If an owner fails to complete construction, contribute its share of costs, or otherwise fails to perform any of its other obligations as provided by its owner-county contract, the administrator shall, after giving the owner thirty days notice to cure such breach, declare the owner-county contract terminated. All obligations to pay assessments for any owner costs shall thereupon cease upon termination by the administrator, and the administrator shall file with the county auditor a notice that the owner contract has been terminated and that all assessments to reimburse the owner are abated. (Ord. 94-61A-04 (part))
12.44.200 Reimbursement to owners and the county.
Owners who have followed all of the procedures of this chapter and entered into a contract may be reimbursed a share of the costs which they incurred in constructing the road improvements. Such reimbursement shall be made as provided in the contract entered into. Reimbursement for costs advanced by the county shall be provided for in said contract and returned to the county road fund. (Ord. 94-61A-04 (part))
12.44.210 Effect of annexation.
Annexation to a city or town of all or a portion of an assessment reimbursement shall not affect liability for assessment charge of properties so annexed nor responsibilities of an owner under the contract. If any property of the owner is annexed by a city or town prior to completion of construction, all responsibility of the county with respect to portions of the property not constructed shall cease unless a supplemental agreement is made with the annexing city or town assuring reimbursement of county funds expended on the project. (Ord. 94-61A-04 (part))
12.44.220 Severability.
If any portion of this chapter or its applicability to any person or circumstance is held invalid, the remainder of the act and the application of the provisions to other persons or circumstances is not affected. (Ord. 94-61A-04 (part))