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HomeMy WebLinkAboutITEM VIII-A-5 * ` CITY OF_ AGENDA BILL APPROVAL FORNI WASHWGTON Agenda Subject: Date: -Ordinance No. 6319 ° Jul 13, 2010 Deparfinent: Attachments: Budget Impact: Public Works Ordinance No. 6319 $ Administrative Recommendation: Ci Council to introduce and ado t Ordinance No. 6319. Background Summary: Ord'inance No. 6319 adopts new chapter 12.70, Street Payback Agreements, into the Aubum City Code. This proposed code allows the City to utilize a Street Payback Ageeement for street imprbvements pursuant to RCW 35.72. This legislative authority allows a public agency to enter into payback agreements for the reimbursement of costs associated with road improvements thaf are funded by development, the City or a combination of 6oth. There is a 15 year period from the time the City establishes the assessment reimbursement area for the costs to be paid back by the benefiting properties. The general intent of the RCW is to allow #he recovery of an appropriate portion of the costs associated with public road improvements that would be required by other future development and therefore, benefits these other properties. The final form of the ordinance is slightly different from the previous versions reviewed by Council Committee's, therefore, a eomparison document showing these revisions is attached for information. W0719-7. A3;13.9, F4. 3 Reviewed by Council & Commiftes: Reviewed by D.epartments 8 Divisions: 0 Arts Cammission COUNCIL COMMITTEES: ❑ Building p M&0 ❑ Airport ❑ FinanceO Cemetery ❑ Mayoc ❑ Hearing Examiner ❑ Muniapal Serv. ❑ Finance ❑ Parks ❑ Human Services ~ Planning & CD ❑ Fire [I Planning p Park Board OPublic Works ~ Legal ❑ Police ~ Planning Comm. ❑ Other 0 Public Worlcs ❑ Human Resources Actionc Committee Approval: OYes ❑No Council ApprovaL• C]Yes []No Call for Public Hearing Referred to Urrtil Tabled Until Councilmember: Wa ner Staff: Dowd Meetin Date: : Jul 19, 2010 Item Number: VIII.A.5 AjJ$jjRN* MORE THAN YOU IMAGINED ORDINANCE NO. 6 3 1 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 12.70 TO THE AUBURN CITY CODE, RELATING TO STREET PAYBACK AGREEMENTS WHEREAS, Chapter 35.72 of the Revised Code of Washingfon allows local agencies to enter into confracts for #he reimbursement of public road improvements by properties benefiting from the completion of such road improvements, and WHEREAS, public improvements can be completed by private development, the City or a combination with all contributing parties eligible to receive reimbursement; and WHEREAS, it is in the best interest of the City to adopt an ordinance to allow the use of these types of contracts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DG ORDAIN .as follows Section 1. Amendment to Citv Code. That a new Chapter 12.70 . to the Auburn City Code, relating to "Street Payback Agreements," is created to read as follows: Chapter 12.70 STREET PAYBACK AGREEMENTS Sections 12.70:010 Purpose. 12.70.020 ' Definitions. 12,70.030 City funding. 12.70.040 Agreement not Mandatory. 12.70.050 City Engineer's Authority. 12.70:060 Application. Ordinance No. 6319 June 13, 2010 Page 1 of 6 12.70.070 Application - Contents. 12.70.080 Costs eligible for reimbursement. 12.70.090 Formation of reimbursement area. 12.70.100 Contract execution and recording. 12.70.110 Implementation of Agreement. 12.70.010 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 system improvements. This chapter is intended to implement and thereby make available to the public the provisions of chapter 35.72 RCW as . presently adopted or as may be subsequently amended. 12.70.020 Definitions. 9. Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherinrise, 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. "ApplicanY" means the owner, developer, or building permit applicant who is required by any ordinance of the City, or as the resulf 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 payback agreement" means contracts authorized by chapter 35.72 RCW and this chapfer, as presently adopted or as may be subsequently amended, for street system improvements. 12.70.030 City funding. The City may participate in funding of an applicant's required street system improvements or may enact a street payback agreement for a City funded street improvement project following a public hearing and Council approval as specified in this chapfer. 12.70.040 Agreement not Mandatory. The City Council reserves the right to refuse to enter into any street payback agreement or to reject an application therefote. 12.70.050 City Engineer''s authority. The City Engineer shall establish adrriinistrative rules, regulafions, policies, and procedures necessary to implement the provisions of this chapter Ordinance No. 6319 June 13, 2010 Page 2 of 6 and is authorized and dicected to execute payback agreements for public street system improvements upon Council approval. 12.70.060 Application. An applicant required to construct street system improvements on public rights-of-way may apply to the City to establish a street payback agreement for - recovery of a pro rata share of fhe costs of constructing the street system improvements, from the property owners of record who will subsequently derive a benefit from the improvements. 12.70.070 Application - Contents. Applications for a street payback agreemenf rnay 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 6. The applicant's. acknowledgernent that the street payback 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. 7. The applicant's . acknowledgement that approval of the sfreet payback agreement will be conditioned on ttie applicant agreeing to waive any claims for liability ofi the Cify in establishment and enforcement of payback agreements, including an acknowledgement that the City is not responsible for locating a beneficiary or survivor. Ordinance No. 6319 June 13, 2010 Page 3 of 6 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, consfruction engi:neering, 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 ineurred 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. If the City Engineer finds that the request complies with the requirements of this Chapter, a public hearing of the City Council shall be set for consideration of an ordinance approving the Street Payback Agreement. The draft ordinance shail constitute the preliminary determination on #he assessment reimbursement area and method of assessment as recommended by the City Engineer. 2. A notice of hearing on the proposed ordinance shall be published no 'less than finrenty (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 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 12.70.070. 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. 5. Following the tiearing, 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. Ordinance No. 6319 June 13, 2010 Page 4 of 6 12.70.100 Contract execution and recording. Within thirty (30) days of final City Council approval of a street payback agreement, the applicant shall : execute and present such agreement for the signature of the appropriate City official. The payback agreement shall 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. 12.70.110 Implementation of Agreement A. All owners of properties for which a street payback 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 improvemenfs. Benefiting properties are those properties engaging in activities described in section ACC 12.64A.20, The payback assessments shall be based on fhe costs and methodology identfied in the approved street payback agreement. Latecomer assessments shall be paid in full before the City issuance of any such permits. B. Monies collected by the City will then be reimbursed to the Applicant at six (6) month intervals for the duration of the agreement. The Applicant is required to provide changes of address or ownership not later than the anniversary date of tfie signing of the agreement. If the applicant fails to update its address or ownership, the City is not responsible for not remitting payments. Section 2. Imalementation. The Mayor is hereby authorized to implemenf such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separafe and severable. The invalidify of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of fhe application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance iVo. 6319 June 13, 2010 Page 5 of 6 Secfion 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: . Danielle E. Daskam, City Clerk . AP OVE TO F Daniel B. Hei , Cify Attor ~ Published: Ordinance No. 6319 June 13; 2010 Page 6 of 6