Chapter 16.50


16.50.010    Purpose.

16.50.020    Authorization.

16.50.030    Application – Contents.

16.50.040    Application requirements – Fee.

16.50.050    Eligibility of applicants.

16.50.060    Assessment methods.

16.50.070    Rights and nonliability for City.

16.50.080    Ordinance required.

16.50.090    Notice to property owners.

16.50.100    City Council action.

16.50.110    Contract execution and recording.

16.50.120    City funding.

16.50.010 Purpose.

This chapter incorporates by reference Chapter 35.72 RCW as written or hereafter amended, in order to implement and make available to the public the provisions set forth therein, as further supplemented by the City. (Ord. O-11-454 § 1).

16.50.020 Authorization.

Any developer utilizing private funds to install street improvements on public rights-of-way may apply to the City to establish a “latecomer agreement” for recovery of a pro rata share of the cost of designing and constructing said public improvements from other parties that subsequently develop their property and that will later derive benefit from said improvements. The Public Works Director or designee 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. No latecomer agreement shall extend for a period longer than 15 years from the date of execution by the City. The City Council shall have discretion to authorize or not to authorize latecomer agreements on a case-by-case basis. (Ord. O-11-454 § 1).

16.50.030 Application – Contents.

Applications 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 street project to be prepared and stamped by a licensed engineer.

B. Itemization of all construction costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and contract administration.

C. A map and legal description identifying the proposed boundaries of the proposed 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, which provides names and mailing addresses for each such owner.

F. Envelopes addressed to each of the record owners of property within the assessment reimbursement area and identified in subsection (E) of this section who have not contributed a pro rata share of such costs, and certified mail forms. Proper postage for certified mail shall be affixed or provided to each envelope.

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. O-11-454 § 1).

16.50.040 Application requirements – Fee.

All applications for latecomer agreements shall be accompanied by a nonrefundable application fee to cover the City’s expenses in processing the application. In addition, the applicant will be responsible for payment of recording of the agreement against all parcels within the boundaries of the assessment reimbursement area, and for other administrative costs pertaining to administration of the latecomer agreement per the City’s fee resolution. (Ord. O-11-454 § 1).

16.50.050 Eligibility of applicants.

To be eligible for processing of a latecomer agreement, applicants for latecomer agreements shall be in compliance with all City ordinances, rules and regulations. (Ord. O-11-454 § 1).

16.50.060 Assessment methods.

The Public Works Director or designee 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. (Ord. O-11-454 § 1).

16.50.070 Rights and nonliability for City.

The City Council may refuse to enter into any latecomer agreement. Similarly, City staff may reject an application for noncompliance with this chapter. All applications for latecomer agreements shall be made on the basis that the applicant releases and waives any claims for any liability of the City in establishment and enforcement of latecomer agreements. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through latecomer agreements. Any collected funds unclaimed by developers after three years from the expiration of the latecomer agreement shall be returned to the party making payment to the City. Any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by the City Council. (Ord. O-11-454 § 1).

16.50.080 Ordinance required.

The City Council shall adopt an ordinance specifying the construction or improvement of street projects as a prerequisite to further property development prior to taking any legislative action to establish an assessment reimbursement area. The necessary ordinance shall be adopted for all forms of latecomer agreements authorized by Chapter 35.72 RCW. (Ord. O-11-454 § 1).

16.50.090 Notice to property owners.

Prior to execution of any contract with the City establishing an assessment reimbursement area, the Public Works Director or 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 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 of 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) calendar days of the date of this notice. All such requests must be made in writing, signed, and filed with the city clerk. Email and fax requests will not be accepted. 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. O-11-454 § 1).

16.50.100 City Council action.

If any owner of property within the proposed assessment reimbursement area requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the City Council, notice of which 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 a hearing the City Council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, and 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, and if approved, the special assessment district and associated assessments will be adopted by ordinance. If no hearing is requested, the City 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. O-11-474 § 1; Ord. O-11-454 § 1).

16.50.110 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 King County 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. O-11-454 § 1).

16.50.120 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 participate in the projects, if the City has first specified the conditions of its participation in an ordinance. 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 road or street improvement, 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 improvements within the assessment reimbursement area established pursuant to this chapter. No City costs for improvements that benefit the general public may be reimbursed. (Ord. O-11-454 § 1).