Chapter 6.05
STREET IMPROVEMENT REIMBURSEMENT AGREEMENTS*

Sections:

6.05.010    Authorized – Reimbursement.

6.05.020    Reimbursement assessment procedures.

6.05.030    Provisions not exclusive.

*Cross reference(s) – Department of public works, ch. 2.28; local improvement districts, ch. 3.22.

State law reference(s) – Contracts for street projects reimbursement, RCW 35.72.020.

6.05.010 Authorized – Reimbursement.

A. The city council may, by ordinance, direct the director of engineering to enter into an agreement with an applicant for a development or building permit requiring the city to make public street improvements, upon written request by the applicant. The agreement shall provide for partial reimbursement of the cost of making the public street improvements as assessments against other property owners who:

1. Are determined to be within the assessment reimbursement area pursuant to this chapter;

2. Are determined to have a reimbursement share based upon a benefit to the property owner pursuant to this chapter;

3. Did not contribute a proportionate share of the original cost of the public street improvement; and

4. Subsequently develop their property within the fifteen (15) year period and at the time of development are not required to install similar street improvements because the improvements were already constructed by the applicant in accordance with this chapter.

No agreement may encompass a period greater than fifteen (15) years. Street improvements which may be subjects of reimbursement agreements are:

1. Rights-of-way;

2. Paving roadways;

3. Street lighting systems;

4. Sidewalks and walkways;

5. Curbs and gutters;

6. Storm drainage systems;

7. Traffic controls.

B. Reimbursement amounts shall be a pro rata share of construction and contract administration costs of the project. The director of engineering shall determine the reimbursement share by using a method of cost apportionment which is based upon the benefits to the property owner from such project.

(Ord. No. 2532, § 1. Formerly Code 1986, § 4.15.010(A), (B))

State law reference(s) – Similar provisions, RCW 35.72.030.

6.05.020 Reimbursement assessment procedures.

The procedures for assessment reimbursement contracts shall be as follows:

1. An assessment reimbursement area shall be formulated by the director of engineering based upon a determination as to which parcels adjacent to the improvements would require similar street improvements upon development.

2. The preliminary determination of area boundaries and assessments, along with a description of the property owner’s rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. If any property owner requests a hearing in writing within twenty (20) days of the mailing of the preliminary determination, a hearing shall be held before the city council. Notice of such hearing shall be given to all affected property owners. The city council’s ruling is determinative and final.

3. The contract must be recorded in the King County auditor’s office within thirty (30) days of the final execution of the agreement.

4. If the contract is filed, it shall be binding on owners of record within the assessment area who are not party to the contract.

(Ord. No. 2532, § 1. Formerly Code 1986, § 4.15.010(C))

State law reference(s) – Similar provisions, RCW 35.72.040.

6.05.030 Provisions not exclusive.

The authority to enter into agreements as provided in this chapter shall be in addition to the authority of the city pursuant to the police power and other statutes, laws, rules and ordinances and shall not be deemed exclusive.

(Ord. No. 2532, § 2. Formerly Code 1986, § 4.15.020)

State law reference(s) – Alternate procedure, RCW 35.72.050.