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HomeMy WebLinkAbout6319 ORDINANCE NO. 6 3 1 9 AN ORDINANCE QF 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, Chap#er 35.72 of the Revised Code of Washingfon allows local agencies to enter into contracts for the 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 asfollows: 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 12.70010 Purpose. 12.70.020 ' Definitions. 12.70.030 City funding. 12.70.040 Agreement not Mandatory. 12.70.050 City Engineers Authority. 12.70.060 Application. Ordinance No. 6319 June 13, 2010 Rage 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 Ciiy 'for costs assaciated 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 arriended. 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, 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 payback agreement" means contracts authorized by chapter 35.72 RCW and tliis chapfer, as presently adopted or as may be subsequently amended, for street system improvements. 12.70.030 City funding. The Cify 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 chapter. 12.70.040 Agreement nof Mandatory. The City Council reserves the right to refuse to enter into any street payback agreement or to reject an application therefore. 12.70.050 City Engineer's authority. The City Engineer shall establish adrriinistrative rules, regulations, 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 directed fo execute payback agreements for public street system improvements upon Council approval. 12.70.060 Applicat6on. 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 the costs of consfructing 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 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 complefe 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 acknowledgement thafi 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 street payback agreement will be conditioned on the applicant agreeing #o 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. 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 engineering, contract administration, surveying, and construction costs associated with the street system impcovements. 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. 'l2.70.090 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 the 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, twenty (20) days before the date of the hearing in a newspaper of general circulation in the area of the assessmenfi 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 fax 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 hearing, the Council may adopt an ordinance which establishes the assessment reimbursement area, determines the amount of the reimbursement assessmenf 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 improvements. 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 the 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. Implementation. The Mayor is hereby authorized to implement 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 separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the 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 No. 6319 June 13, 2010 Page 5 of 6 Section 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: JUL 19 2010 PASSED: JUL 1 ~9'2010 Ap JUL 19 2010 - uB PETER B. LEWIS . MAYOR ATTEST: Danielle E. Daskam, City Clerk AP OVE TO F Daniel B. Hei, Cify Attor Published: -f-0/0 `14tw adAZZ& ~ Ordinance No. 6319 June 13, 2010 Page 6 of 6