Chapter 12.10


12.10.010  Purpose.

12.10.020  Authorization.

12.10.030  Application – Contents.

12.10.040  Notice to property owners.

12.10.050  City council action.

12.10.055  Preliminary assessment reimbursement area amendments.

12.10.060  Contract execution and recording.

12.10.070  Application fees.

12.10.080  City financing of improvement projects.

Legislative history: Ord. 86-130 and 93-300.

12.10.010 Purpose.

This chapter is intended to implement and thereby make available to the public the provisions of Chapter 35.72 RCW, Contracts for Street Projects, as the same now exists or may hereafter be amended.

12.10.020 Authorization.

The city manager is hereby 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.

12.10.030 Application – Contents.

Before any application for the establishment of an assessment reimbursement area may be accepted by the city manager, it shall be accompanied by the application fee specified in MCMC 12.10.070. The application shall include the following items:

A. Detailed construction plans and drawings of the entire street project, the costs of which are 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 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 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 has not contributed his 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.

12.10.040 Notice to property owners.

Prior to the execution of any contract with the city establishing an assessment reimbursement area, the city manager or his designee shall mail, via registered mail, a notice to all record property owners within the assessment reimbursement area as determined by this 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 the contract establishing such area is recorded with the Snohomish County Auditor’s Department, provided such development would have required similar street improvements for approval. You have a right to request a hearing before the Mill Creek City Council within twenty (20) days of the date of this notice. All such requests must be 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.

DATED: __________

12.10.050 City council action.

If the owner of any 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 the 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 held more than 20 days after notice was mailed to the affected property owners.

12.10.055 Preliminary assessment reimbursement area amendments.

If the preliminary determination of area boundaries and assessments is amended so as to raise any assessment appearing thereon, or to include omitted property, a new notice of area boundaries and assessments shall be given as in the case of an original notice; provided, that as to any property originally included in the preliminary assessment area which assessment has not been raised, no objections shall be considered by the council unless the objections were made in writing at or prior to the date fixed for the original hearing. The city council’s ruling shall be determinative and final.

12.10.060 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. To be binding the agreement must be recorded with the Snohomish County auditor’s department 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.

12.10.070 Application fees.

The applicant for street reimbursement agreements, as provided for in Chapter 12.10 MCMC, shall reimburse the city for the full administrative and professional costs of reviewing and processing such application and of preparing the agreement. At the time of application, a minimum fee as provided in Chapter 3.42 MCMC shall be deposited with the city and credited against the actual costs incurred. The applicant shall reimburse the city for such costs before the agreement is recorded.

12.10.080 City financing of improvement projects.

As an alternative to financing projects under Chapter 12.10 MCMC solely by owners of real estate, the city may join in the financing of an improvement project and may be reimbursed in the same manner as the owners of real estate who participate in the project, upon the passage of an ordinance specifying the conditions of the city’s participation in such project. The city shall be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the established assessment reimbursement area. No city costs for improvements that benefit the general public shall be reimbursed.