Chapter 12.24
ASSESSMENT REIMBURSEMENT CONTRACTS (LATECOMER AGREEMENTS)
Sections:
12.24.020 Preliminary determination.
12.24.030 Notice and public hearing.
12.24.040 Assessment reimbursement ordinance and contract.
12.24.070 Reimbursement procedure.
12.24.010 Authority.
A. Upon the receipt of a proposal by a property owner or owners, the city may enter into an assessment reimbursement contract (latecomer agreement) pursuant to this chapter for the construction or improvement of street projects and for the reimbursement to the property owner by other property owners of the costs of such construction or improvement in a manner consistent with the provisions of Chapter 35.72 RCW.
B. The contracts authorized by this section shall not be entered into unless and until the city first adopts by ordinance the requirement that such projects shall be constructed or improved as a prerequisite to the development of property benefitting from such projects.
C. Street projects subject to an assessment reimbursement contract may include design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements, as required by the city’s street standards. (Ord. 520 § 1, 1994).
12.24.020 Preliminary determination.
Within 30 days of receipt of the property owner’s or owner’s proposal for an assessment reimbursement contract and ordinance, the city shall make a preliminary determination that it will either process an assessment reimbursement contract or that it will not as proposed. In the event that the city’s preliminary determination is that it will process such a contract, the city’s determination shall include the following:
A. A preliminary determination of the assessment reimbursement area boundaries, as well as the parcels and parcel numbers within such boundaries, based on the city’s determination of the parcels adjacent to the required projects that would require similar improvements as a condition of development thereon and which will be liable for assessment under the assessment reimbursement contract;
B. The cost apportionment method for determining the reimbursement share of the costs of the projects to be assessed to each parcel within the assessment reimbursement area based on the benefit to the owner of such parcel from the projects, including, but not limited to, such methods as front footage, square footage, traffic trip analysis, or any other method determined by the city to be a fair and reasonable method;
C. The reimbursement shares of each of the parcels within the assessment reimbursement area;
D. A description of the rights and options of the owners; and
E. The date, time and place for a public hearing on the proposed contract and ordinance before the city council. (Ord. 520 § 2, 1994).
12.24.030 Notice and public hearing.
A. Upon making the preliminary determination to process an assessment reimbursement contract pursuant to YMC 12.24.020, the city shall provide notice, by certified mail, to the record owners of the parcels identified to be within the assessment reimbursement area such notice shall include:
1. The preliminary determination;
2. The assessment reimbursement area boundaries;
3. The cost apportionment method;
4. The reimbursement share of each record owner; and
5. The date, time and place of the public hearing.
B. The public hearing before the city council held pursuant to this chapter shall be held no less than 20 days from the date the notice is mailed. (Ord. 520 § 3, 1994).
12.24.040 Assessment reimbursement ordinance and contract.
A. Following the public hearing required pursuant to this chapter, the city council may adopt an ordinance setting forth the final determination of the assessment reimbursement area, the cost apportionment method, and the reimbursement shares of parcels within the assessment reimbursement area.
B. Upon the adoption by the city council of the assessment reimbursement ordinance pursuant to subsection A of this section, the city and the property owner shall finalize and execute the assessment reimbursement contract setting forth the assessment reimbursement area, the cost apportionment method, and the reimbursement shares of parcels within the assessment reimbursement area. (Ord. 520 § 4, 1994).
12.24.050 Recording.
A. The assessment reimbursement contract shall be recorded in the office of the Thurston County auditor within 30 days of its execution.
B. Upon recording, the assessment reimbursement contract is binding on owners of record within the reimbursement assessment area who were not parties to the contract, their heirs, successors and assigns, and the obligations created thereby run with the land. (Ord. 520 § 5, 1994).
12.24.060 Addendum.
A. Upon completion of the projects subject to an assessment reimbursement contract, the parties to the assessment reimbursement contract shall prepare and execute an addendum to the contract that provides the following:
1. The actual costs of construction of such projects;
2. The actual costs of design and engineering of such projects;
3. The contract administration costs; and
4. The actual assessment to be imposed on each owner within the assessment reimbursement area, based on the application of the owner’s reimbursement share to the actual costs of the project.
B. Such addendum shall be recorded in the same manner and with the same binding effect as provided in YMC 12.24.050. (Ord. 520 § 6, 1994).
12.24.070 Reimbursement procedure.
A. Any property owner within the assessment reimbursement area of an assessment reimbursement contract who did not contribute to the original cost of the project and who was not required, at the time of development on his or her property, to install, construct or improve projects similar to those subject to such contract because they were provided for by the contract, shall pay the reimbursement share or actual assessment provided by either the original contract or an addendum as a condition of development of their property that is proposed within 15 years of the recording of the original assessment reimbursement contract. Such payment shall be made directly to the city prior to development.
B. Within 60 days of receipt of an assessment payment pursuant to subsection A of this section, the city shall distribute such payment to the parties to the assessment reimbursement contract according to the terms of the contract. Where the contract is silent as to the method of reimbursement to the parties to the contract, payments shall be made according to the parties’ contribution to the costs of design, engineering, construction, installation and contract administration.
C. No person, firm or corporation, other than the parties to the assessment reimbursement contract, shall be granted permission or authorized by the city to connect to or use the projects subject to such contract without first paying to the city their reimbursement share or actual assessment under the contract or any addendum. (Ord. 520 § 7, 1994).
12.24.080 City participation.
The city may participate in the financing of a project subject to an assessment reimbursement contract in the same manner as the owners of property; provided, that the city has specified its conditions of such participation in an ordinance; provided further, that the city may only be reimbursed for the costs of such a project to the extent such costs benefit that portion of the public who will use the developments within the assessment reimbursement area; provided further, that the city shall not be reimbursed for the costs of such projects to the extent they benefit the general public. (Ord. 520 § 8, 1994).