Chapter 12.36
STREET ASSESSMENT
REIMBURSEMENT AGREEMENTS

Sections:

12.36.010    Purpose.

12.36.020    Authorization.

12.36.030    Application – Contents.

12.36.035    Assessment methods.

12.36.040    Notice to property owners.

12.36.050    City Council action.

12.36.060    Contract execution and recording.

12.36.010 Purpose.

This chapter is intended to implement and thereby make available to the public the provisions of Chapter 126, Laws of 1983 which is now codified as Chapter 35.72 RCW as the same now exists or may hereafter be amended. (Ord. 1754 § 1, 1987).

12.36.020 Authorization.

The Public Works Director 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. (Ord. 1754 § 1, 1987).

12.36.030 Application – Contents.

Applications for the establishment of an assessment reimbursement area shall be accompanied by the application fee as set by this code 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 costs of the street 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 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 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 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 registered 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. 1754 § 1, 1987).

12.36.035 Assessment methods.

The Public Works Director 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 by the Director. (Ord. 1754 § 1, 1987).

12.36.040 Notice to property owners.

Prior to the execution of any contract with the City establishing an assessment reimbursement area, the Public Works Director or designee shall mail, via registered 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 a contract establishing such area is recorded with King 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. 1754 § 1, 1987).

12.36.050 City Council action.

If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of such 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 any such 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 on these matters is determinative and final. If no hearing is requested, the Council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners. (Ord. 1754 § 1, 1987).

12.36.060 Contract execution and recording.

A. 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.

B. The agreement must be recorded in the King County Recorder’s Office within 30 days of the final execution of the agreement.

C. 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. 1754 § 1, 1987).