Chapter 15.52
LATECOMERS’ AGREEMENTS
Sections:
15.52.010 Authorization of latecomers’ agreements.
15.52.020 Application for latecomers’ agreements.
15.52.030 Preliminary approval.
15.52.040 Cost of improvement.
15.52.050 Notice and hearing procedure.
15.52.060 Final latecomers’ agreement and assessment roll.
15.52.070 Execution and recording.
15.52.090 Title to improvements and assignment of benefits.
15.52.110 Release of assessments.
15.52.130 Nonresponsibility of the city.
15.52.010 Authorization of latecomers’ agreements.
The city establishes a procedure for authorizing latecomers’ agreements with developers, owners and the city for the purpose of providing reimbursement for sanitary sewer systems, stormwater facilities, and street and sidewalk improvements including signalization and lighting, when such improvements are required as a condition of subdivision, reclassification or other development, or pursuant to agreement with the city. (Ord. 1855-16 § 16, 2016: Ord. 1238-95 § 1, 1995)
15.52.020 Application for latecomers’ agreements.
Application for a latecomers’ agreement shall be made prior to the installation of the improvement, unless the installation of the improvement was commenced prior to the effective date of the ordinance codified in this chapter. Application shall be made upon forms prepared by the mayor or his designee. Any application for a latecomers’ agreement shall contain, as a minimum, the following information in a form acceptable to the city:
A. Legal description of the applicant’s property;
B. Legal description of the benefited properties;
C. Vicinity maps of applicant’s property, benefiting properties, and the location of the improvement or 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. 1238-95 § 2, 1995)
15.52.030 Preliminary approval.
The city council may grant preliminary approval for a latecomers’ agreement for a period not in excess of two years, based upon the information contained in the application for a latecomers’ agreement and any input from the mayor and city engineer, or the city council may deny the latecomers’ agreement. The city council may request further information from the applicant or city staff. The granting of preliminary approval shall not require the city council to adopt any particular agreement, duration, boundaries, costs or benefit amount when final action is taken. (Ord. 1238-95 § 3, 1995)
15.52.040 Cost of improvement.
In order to be eligible for a latecomers’ agreement, the estimated cost of the proposed improvement, as determined by the city council, must be not less than five thousand dollars. The cost of the improvements subject to the latecomers’ agreement shall mean those costs incurred for design, acquisition of right-of-way or easement, construction, materials and installation required in order to create an improvement which complies with city standards in excess of those necessary for the property responsible for the proposed facility or improvement, or in excess of those standards otherwise required by the appropriate state or county agency or standard construction and engineering practices. The cost of improvements subject to the latecomers’ agreement shall not include interest or finance charges. In the event of a disagreement between the city council and the applicant concerning the cost of the improvement, the city council’s determination shall be final and conclusive. (Ord. 1238-95 § 4, 1995)
15.52.050 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 proposed latecomers’ agreement, shall be forwarded by certified mail, return receipt requested, to the property owners within the proposed assessment area, whose names and addresses are revealed by the records of the Skagit County assessor. The city council shall hold a public hearing, establish a record, and make a decision. 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 joined in the financing or construction 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 approval 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 an addition to the power of the city to impose special utility connection charges and special assessment district charges. (Ord. 1238-95 § 5, 1995)
15.52.060 Final latecomers’ agreement and assessment roll.
Upon completion of the improvement, final costs shall be submitted to the city. The mayor or his designee shall prepare a final proposed latecomers’ agreement and accompanying assessment roll. The assessment roll shall list all of the benefited properties and owners. 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:
A. Front foot method;
B. Zone front foot method;
C. Square footage method;
D. Contract method;
E. Trip generation (traffic) method;
F. Any other equitable method;
G. Any combination of methods set out in subsections A through F of this section.
Latecomers’ charges shall be in addition to any and all connection fees, charges, assessments, levies or deposits required by the city. (Ord. 1238-95 § 6, 1995)
15.52.070 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 mayor to sign the same. The full executed latecomers’ agreement shall be recorded with the Skagit County auditor in the official property records of Skagit County, Washington. (Ord. 1238-95 § 7, 1995)
15.52.080 Contract finality.
Once the latecomers’ agreement is recorded with the Skagit County auditor, it shall be binding on all properties landowners 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 Skagit County auditor’s file number. (Ord. 1238-95 § 8, 1995)
15.52.090 Title to improvements and assignment of benefits.
A. 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. Provision for defective work and for a maintenance guarantee bond in the amount of ten percent of the value of the improvement shall be provided in the latecomers’ agreement for not less than one year after city council gives final approval and acceptance of the improvement.
B. 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 years. At any time within the two-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-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. 1238-95 § 9, 1995)
15.52.100 Tender of charges.
When the city has received a latecomers’ charge, it will forward the funds to the holder of the latecomers’ agreement within sixty days of receipt. Funds received by negotiable instrument, such as a check, will be deemed received ten days after delivery to the city. (Ord. 1238-95 § 10, 1995)
15.52.110 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 sixty days of receipt of the funds. (Ord. 1238-95 § 11, 1995)
15.52.120 Administrative fee.
A. There shall be a fee to the city in the amount listed in the master fee schedule adopted by resolution of the city council, due at time of application for approval. In addition, the applicant shall pay the cost of any title report, engineering costs, publication and mailing costs, and recording fees incurred by the city in conjunction with the application, prior to the granting of any preliminary or final agreement.
B. If an agreement is granted, there shall be a fee to the city for processing and collecting the latecomers’ agreement charges, in the amount of five percent of the total amount to be collected. The five percent fee shall be collected by deduction from each individual latecomer charge payment and the balance shall be forwarded to the developer. (Ord. 2013-22 § 47, 2022; Ord. 1238-95 § 12, 1995)
15.52.130 Nonresponsibility of the city.
A. The city shall exercise a good faith effort to collect all reimbursements herein described; however, by entering into a latecomers’ agreement, the city does not assume any responsibility for enforcement of the latecomers’ agreement or charges thereunder.
B. The assessment roll and recorded agreement 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, and shall be responsible for proceeding in court to collect the same as a beneficiary of said agreement.
C. In no event shall the city be considered a guarantor of any project, improvement, charge, fee or cost pursuant to this chapter or any agreement made pursuant to this chapter. (Ord. 1238-95 § 13, 1995)