HomeMy WebLinkAbout6742 ORDINANCE NO. 6742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATED TO
INFRASTRUCTURE PAYBACK AGREEMENTS,
AMENDING CHAPTER 3.25 OF THE AUBURN CITY CODE
WHEREAS, Chapter 3.25 of the Auburn City Code authorizes developers, property
owners, and the City who build improvements to the City's infrastructure to recover a
portion of their costs from other property owners that benefit from those improvements
through a Payback Agreement with the City; and,
WHEREAS, after reviewing the current process, staff recommends adding
clarifying language to Chapter 3.25 of the Auburn City Code that will assist the City's
administration of the Payback Agreement and Facility Extension Agreement processes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 3.25 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Ordinance No. 6742
October 18, 2019
Page 1 of 2 Rev. 2019
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: NOV 1 8 2019
PASSED: NOV ] 8 2019
APPROVED: NOV 1 8 2019
B)fi.k .::::441411101-ANCYUS, MAYO
ATTEST: APPRt V eV4TO FORM:
Shawn Campbell, MMC, ity Clerk Steven L. Gross, City Attorney
Published: ive) 01-9.11 stat&I'
Ordinance No. 6742
October 18, 2019
Page 2 of 2 Rev.2019
ORD 6742
EXHIBIT A
Chapter 3.25
PAYBACK AGREEMENTS
Sections:
3.25.010 Purpose.
3.25.020 Definitions.
3.25.030 City funding.
3.25.040 Agreement—When mandatory.
3.25.050 City engineer's authority.
3.25.060 Application— Process.
3.25.070 Costs eligible for reimbursement.
3.25.080 Formation of reimbursement area.
3.25.090 Contract execution and recording.
3.25.100 Implementation of agreement.
3.25.010 Purpose.
The purpose of this chapter is to provide a mechanism to reimburse an eligible applicant
and/or the city for costs associated with the construction of public street or public utility
system improvements. This chapter is intended to implement the provisions of Chapters
35.72 and 35.91 RCW as presently adopted or as may be subsequently amended. (Ord.
6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
3.25.020 Definitions.
A. Use of Words and Phrases. As used in this chapter, unless the context or subject
matter clearly requires otherwise, the words or phrases defined in this section have the
indicated meanings.
B. "Applicant" means the owner, developer, or building permit applicant who is required
by any ordinance of the city to construct improvements as a prerequisite of property
development. Street or utility improvements constructed in order to comply with the
city's subdivision code, zoning code, comprehensive plan, and ACC Title 12 or 13 are
declared to be prerequisites to further property development for the purposes of RCW
35.72.010 and 35.91.020(1)(a).
C. "Assessment reimbursement area" means all real properties that will benefit from a
street or utility system improvement.
D. "Connection" for utility services means the initial provision of water, sewer or storm
drainage service for an individual property after the issuance of an appropriate permit
under Chapter 13.06 or 13.20 ACC, where the property benefits from utility services as
described in ACC 3.25.100, and which results in the creation of a utility payment
ORD 6742 EXHIBIT A
Page 1 of 4
account with the city, and service fees being assessed under that account. Connection
does not include the physical tie-in or attachment of mainline water, sewer, or storm
drainage infrastructure to the city's system or to infrastructure being dedicated or
conveyed to the city after construction of that infrastructure that is required under
Chapter 13.40 ACC.
E. "Facility (FAC) extension agreement" means an agreement between the city and the
developer, as defined in Chapter 13.40 ACC, for the city to accept the public portions of
facilities constructed by the developer.
€F. "Payback agreement" means contracts authorized by Chapters 35.72 and 35.91
RCW and this chapter, as presently adopted or as may be subsequently amended, for
transportation or utility system improvements.
G. "Transportation system improvements" means those improvements to the public
street transportation facilities including, but not limited to, paving, installation of curbs,
gutters, storm drainage, sidewalks, street lights, right-of-way landscaping, traffic signals,
and traffic control signs and markings.
GH. "Utility system improvements" means those improvements to the public water,
sewer, or storm drainage systems including, but not limited to, pumping stations,
conveyance, distribution and service lines, structures, storm drainage storage and
treatment ponds/vaults, and disposal plants, water mains, hydrants, reservoirs, wells, or
appurtenances to those systems. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
I. "Completion" means city acceptance of all improvements constructed as part of the
FAC extension agreement.
3.25.060 Application — Process.
A. For each public street or utility system improvement the applicant is required to
construct that is determined by the city engineer to be eligible for a payback agreement,
the applicant may apply to the city to establish a payback agreement. The For eligible
projects, a complete payback agreement application must be received not later than 10
e_ _ . - • __ - •- • _' - - e - _• ' • _ _ • . -:before
execution of the FAC extension agreement, or the applicant will be deemed to have
waived the right to request a payback agreement.
B. The application to enter into a payback agreement must include all the following
items:
Al. A nonrefundable application fee in the amount specified in the city's fee
schedule.
ORD 6742 EXHIBIT A
Page 2 of 4
02. An estimate of all costs of the project including, but not limited to, design
engineering, permitting, property acquisition, construction engineering, contract
administration, surveying, and construction costs associated with the system
improvements.
G3. A map and legal description identifying the proposed boundaries of the
assessment reimbursement area and each separately owned parcel within that
area and including the applicable amount of area and/or front footage of the
property. The map will identify the location of the project in relation to the parcels
of property in the area.
04. A preliminary 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 the
area. The payback reimbursement charge to other properties will be based on
the total project cost, figured on a front foot or area assessment basis, or other
equitable method, as determined by the city, or any combination of these
methods at the reasonable discretion of the city engineer.
5. A complete list of record owners of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and
which states names and mailing addresses for each owner.
1 F6. The applicant's acknowledgement that a street payback agreement may
extend for a period of up to 15 years (unless extended as provided for by
statute), and a utility payback agreement may extend for a period of not less than
20 years (unless extended as provided for by statute), from the date of final
acceptance by the city and the recovery shall be assigned to run with the land.
G7. The applicant's acknowledgement that approval of the payback agreement
will be conditioned on the applicant agreeing to waive any claims for liability of
the city in establishment and enforcement of payback agreements, including an
acknowledgement that the city is not responsible for locating a beneficiary or
survivor.
F48. The applicant's acknowledgement that it must provide sufficient security to
ensure to complete the improvements. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512
§ 1, 2014.)
3.25.070 Costs eligible for reimbursement.
A. The city council may provide for the reimbursement of all or part of the costs
advanced by the city funds and/or applicant for the street or utility system
improvements, including:
ORD 6742 EXHIBIT A
Page 3 of 4
1 Al. The design engineering, permitting, property acquisition, construction
engineering, contract administration, surveying, and construction costs
associated with the street or utility system improvements.
B2. The cost of all advertising, mailing and publishing of notices.
G3. The cost of legal services and any other expenses incurred by the city in
connection with the construction or financing of the improvement, including the
issuance of any bonds.
B4. City costs of administering the agreement.
E5. Outside professional services as applicable.
B. Costs eligible for reimbursement to the applicant will not include frontage street or
utility improvements that would have been normally required of the applicant per
Chapter 12.64A, 13.08, or 13.40 ACC. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1,
2014.)
C. Applicant waives the right to a payback agreement for any improvements for which
final costs are not submitted to the City within 120 days after completion.
3.25.090 Contract execution and recording.
A. Following completion of the facility extension and receipt of final costs to be included
in the payback agreement, the city will provide the applicant with the payback
agreement for execution.
AB. The applicant will provide an executed copy of the payback agreement to the city_
The applicant will not be allowed to make any further changes to the executed payback
agreement unless the chanqes are mutually agreed to by the City.
C. Within 90 days of receipt of the executed payback agreement, the city engineer will
request that the city council schedule a public hearing.
D. Following the public hearing, the city council will consider the payback agreement.
BE. The payback agreement will be recorded in the King or Pierce County department
of records, as appropriate. Once recorded, the payback agreement is binding on
property owners of record within the assessment area who are not party to the
agreement. (Ord. 6696 § 1 (Exh. A), 2018; Ord. 6512 § 1, 2014.)
ORD 6742 EXHIBIT A
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