HomeMy WebLinkAboutITEM V-A - Q
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. CITXOF- Memorandum
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WASHINGTON
Toc Planning and Commnnity Development Committee
Mayor, Peter B. Lewis
From: Ingrid Gaub, Assistant City Engineer
' CC: Dennis Dowdy, Public Works Director
y Dennis Selle, City Engineer
Dan Heid, City Attomey
Date: July 6, 2010
Re: Proposed New City Code 12.70, Street Latecomers Agreement
The Public Works Committee has been discussing the creation of new code that would allow the
City to utilize a latecomers agreement for street improvements pursuant to RCW 35:72.
RCW 35.72 covers the legislative authorization for a latecomers agreement related to the
construction of public road improvements. In general, the RCW allows for a public agency to
enter into a latecomers agreement for road improVements that are funded bydevelopment, the
City, or a combination of tlie two. There is a 15 year period from the time the City establishes
the assessment reimbursement area for the costs to be paid back by benefiting properties. The
general intent of the RCW is to allow the recovery of an appropriate portion of the costs
associated with the development of required public road improvements that would be.required
by other future deVelopment and therefore, 6enefits these other properties.
~ Please find attached the draft proposed City Code Chapter 12.70, Latecomers Agreements.
Also attached is the proposed fee schedule for Street Latecomer Agreements along with the
current charges for Utility Payback Agreements as a comparison.
This item will be discussed at the July 12"' Planning and Gommunity Development Committee
meeting.
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Page 1 of 5 '
AUBURN * MORE THAN YOU (MAGINED
Existing Fee Schedule Related to Utilitv Pavback Aqreements: .
Payback Administrative Fees: (Per Ordinance No 5954) Application Fee $500.00
i Processing Fee $1-,000.00 Area or Special Benefit Analysis $500.00
Transaction/Collection Fee $300.00 . . .
Oufside Professional Services Time and Materials
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Proposed Fee Schedule Related to Street Latecomer AQreements
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13. Street Latecomers Agreements . Application Fee $500.00
Processing Fee $1,000.00
Assessment Reimbursement Area Analysis $1000.00
Transaction/Collection Fee $300:00
Outside Professional Senrices (when needed) Time and Materials
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DRAFT NEW CODE SECTION RELATED TO STREET LATECOMERS AGREEMENTS
Chapter 12.70
LATECOMERS AGREEMENTS
Sections
12.70.010
12.70.020
12.70.030
12.70.040
12.70.050
12.70.060
12.70.070
12.70.080
12.70.090
12.70.100
12.70.110
Purpose.
Definitions.
Application, term.
City funding.
Rights and nonliability of the city.
Guidelines establishment authority
Application - Contents.
Costs eligible for reimbursement.
Formation of reimbursement area.
Contract execution and recording.
Implementation of Agreement.
12.70.010 Purpose.
The purpose of this chapter is to provide mechanism to reimburse an eligible applicant and/or
the City for cost associated with the construction of public street system improvements. This
chapter is intended to implement and thereby make available to the public the provisions of
chapter 35.72 RCW as presently constituted or as may be subsequently amended.
12.70.020 Definitions.
1. 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 shall have the indicated
meanings.
2. "Assessment reimbursement area" means all real properties that will benefit from a
street system improvement.
3. "Street system improvements" means such 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.
4. "Applicant" means the owner, developer, and/or building permit applicant who is required
by any ordinance of the city, or as the result of review under the State Environmental Policy Act,
or in connection with any discretionary decision of the city council to construct street system
improvements which do not abut the development site.
5. "Street latecomer agreement" means contracts authorized by chapter 35.72 RCW, as
presently constituted or as may be subsequently amended, for street system improvements.
12.70.030 Application, term.
An applicant required to construct street system improvements on public rights-of-way may
apply to the city to establish a street latecomer agreement for recovery of a pro rata share of the
costs of constructing the street system improvements, from the property owners of record who
will subsequently derive a benefit from the improvements. A street latecomer agreement may
extend for a period of up to 15 years from the date of final acceptance by the city and the
recovery shall be assigned to run with the land.
12.70.040 City funding.
The city may participate in funding of an applicant's required
enact a street latecomer agreement for a city funded street
public hearing and Council approval as specified in this chapter
street system improvements or
improvement project following a
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DRAFT NEW CODE SECTION RELATED TO STREET LATECOMERS AGREEMENTS
12.70.050 Rights and nonliability of the city.
The city council reserves the right to refuse to enter into any street latecomer agreement or to
reject an application therefore. All applications for latecomer agreements are made on the basis
that the applicant releases and waives any claims for liability of the city in establishment and
enforcement of latecomer agreements. The city is not responsible for locating a beneficiary or
survivor entitled to benefits by or through latecomer agreements.
12.70.060 Guidelines establishment authority.
The City Engineer shall establish administrative rules, regulations, policies, and procedures
necessary to implement the provisions of this chapter and is authorized and directed to execute
latecomer agreements for public street system improvements upon council approval.
12.70.070 Application - Contents.
Applications for a street latecomer agreement may be made to the city after construction of
the street system improvements have been completed and shall include the following items:
1. A nonrefundable application fee in an amount as indicated in the City's fee schedule.
2. Itemization 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 street system improvements.
3. A map and legal description identifying the proposed boundaries of the assessment
reimbursement area and each separately owned parcel within such area and include the
applicable amount of area and/or front footage of the property. Such map shall identify the
location of the project in relation to the parcels of property in such area.
4. 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.
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 such owner.
12.70.080 Costs eligible for reimbursement.
The council may provide for the reimbursement of all or part of the costs advanced by the city
funds and/or applicant for such street system improvements, including:
1. The design engineering, permitting, property acquisition, construction engineering,
contract administration, surveying, and construction costs associated with the street system
improvements.
2. The cost of all advertising, mailing and publishing of notices;
3. The cost of legal services and any other expenses incurred by the city in connection with
such construction or improvement and in the financing thereof, including the issuance of any
bonds;
4. City costs of administering the agreement.
5. Out-side professional services as applicable.
Costs eligible for reimbursement to the applicant shall not include required frontage street
improvements that would have been normally required of the applicant per ACC Chapter
12.64A.
12.70.090 Formation of reimbursement area.
1. A. If the City Engineer finds the request to be sufficient, a public hearing of the city
council shall be set for consideration of a draft ordinance. The draft ordinance shall constitute
the preliminary determination on the assessment reimbursement area and method of
assessment as recommended by the City Engineer.
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DRAFT NEW CODE SECTION RELATED TO STREET LATECOMERS AGREEMENTS
2. A notice of hearing on the proposed ordinance shall be published no less than twenty
(20) days before the date of the hearing in a newspaper of general circulation in the area of the
assessment reimbursement area.
3. A notice of hearing shall be given to each owner of record of each lot, tract or parcel of
land or other property within the proposed reimbursement assessment area by mailing by
certified mail, said notice to each owner as shown on the tax rolls of the county treasurer. The
notice of hearing shall be mailed not less than twenty (20) days before the date of the hearing.
4. The notice shall refer to the proposed ordinance and designate the proposed
assessment reimbursement area by number and include the information specified in subsection
B of this section.
5. On the date and at the time specified in the notice the council will conduct a hearing and
listen to testimony as it relates to the desirability and the sufficiency of the proposed
assessment reimbursement area and methods of calculating reimbursement assessments and
the amounts thereof. The council may continue the hearing to allow for further information to be
provided. When the council has determined that adequate information has been provided it may
close public testimony.
6. Following the hearing, the council may adopt an ordinance which establishes the
assessment reimbursement area, determines the amount of the reimbursement assessment to
be charged to each lot, tract or parcel, and provides for the payment and collection of such
assessments.
The city council's ruling on these matters is determinative and final.
12.44.100 Contract execution and recording.
Within thirty (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 official.
The latecomer agreements must be recorded in the King or Pierce County Department of
Records, as appropriate, within thirty (30) days of the final execution of the agreement. Failure
to comply with the requirements of this subsection is grounds for unilateral rescission of the
agreement by the city.
Once recorded, the latecomer agreement is binding on property owners of record within the
assessment area who are not party to the agreement.
12.70.110 Implementation of Agreement.
All owners of properties for which a street latecomer agreement is in force and who have not
previously paid their fair share will be assessed the charge as provided in the agreement at the
time they receive benefit from the street system improvements. Benefiting properties are those
properties engaging in activities described in section ACC 12.64A.20. The latecomer
assessments shall be based on the costs and methodology identified in the approved street
latecomer agreement. Latecomer assessments shall be paid in full before the City issuance of
any such permits. Monies collected by the City will then be reimbursed to the Applicant at six
(6) month intervals for the duration of the agreement.
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