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HomeMy WebLinkAbout3709 Ordinance ORDINANCE NO. 3-76 AN ORDINANCE of the City of Pasco, Washington, creating a new Chapter 14.12 "Street and Utilities Assessment Reimbursement Agreements - - Latecomers Agreements" THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 14.12 entitled "Street and Utilities Assessment Reimbursement Agreements - - Latecomers Agreements" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 14.12 STREET AND UTILITIES ASSESSMENT REIMBURSEMENT AGREEMENTS - - LATECOMERS AGREEMENTS Sections 14.12.010 Purpose. 14.12.020 Definitions. 14.12.030 Application for Development Reimbursement Agreement. 14.12.040 Preliminary Determinations. 14.12.050 Preliminary Determination Notice. 14.12.060 Developer Reimbursement Agreement. 14.12.070 Recording/Effective Date/Payment of Assessment/Lien for Nonpayment. 14.12.080 Segregation. 14.12.090 Term of Developer Reimbursement Agreements. 14.12.100 Removal of Unauthorized Connections or Taps. 14.12.110 City Administrative Fee. 14.12.120 Payment of Developer Reimbursement Charge. 14.12.130 Enforcement of Latecomer Obligations. 14.12.010 PURPOSE. The purpose of this Chapter is to provide property owners, including the City, who, partially reimbursed for the expenses of such improvements by noncontributing benefited owners of adjacent properties and establishing a procedure in compliance with Chapters 35.72 and 35.91 RCW, and creating a contract for the accomplishment of the purposes of this Chapter. This Chapter is intended to apply to all arterial street system improvements which are the result of a City Ordinance that requires such improvements as a prerequisite to further property development. Arterial street system improvements constructed in order to comply with the City's Subdivision Code, Zoning Code and Comprehensive Plan, are hereby declared to be prerequisites to further property development for the purpose of RCW 35.72.010. Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements- 1 14.12.020 DEFINITIONS. A) "Adjacent" means abutting on public roads, streets, right-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement or license. B) "Assessment" means an equitable pro rata charge to be paid by an owner of property within the assessment reimbursement area for the cost of private construction of public street and/or utility system improvements made pursuant to a Developer Reimbursement Agreement. C) "Assessment reimbursement area" means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer. D) "Cost of construction" is the sum of the direct construction costs incurred to construct the street and/or utility system improvements plus the City latecomer administrative fee. 'Direct construction costs" include environment mitigation, relocation and/or new construction of private utilities as required by the City (i.e., power, telephone, cable and gas), relocation and/or installation of street lights, relocation and/or installation of signage, acquisition of right-of-way and/or easements and the actual labor and material construction costs incurred by the developer. E) 'Developer" is the individual or entity that contracts with the City for the construction of street and/or utility system improvements, where such improvements are a requirement for development of real property owned by such entity or individual. As permitted by RCW 35.72.050, the City, or other public entity, may be construed as a "developer" for the purpose of recovery of road or street improvement costs. F) 'Developer Reimbursement Agreement" means a written contract between the City and one or more developers providing partial reimbursement for cost of construction of street system improvements and/or utility system improvements to the developer by owners of property who are likely to utilize the improvements and who did not contribute to the original cost of construction. Where the City has elected the alternative financing maintenance as provided in RCW 35.72.050, the Developer Reimbursement Agreement shall be between the City, as the developer, and the adjacent property owners for the construction or improvement of arterial roadways within the City. G) "Direct connection" means a service connection, to be owned and maintained by the property owner and not the City, from existing or new utility improvements. H) "Street system improvements" means public street and ally improvements made in Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements-2 existing or subsequently dedicated or granted rights of way or easements and any improvements associated therewith including but not limited to such things as acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, grading, paving, installation of curbs, gutters, pedestrian facilities, street lighting, bike lanes, and traffic control devices, relocation and/or construction of private utilities as required by the City (i.e., power, telephone, cable and gas), relocation and/or construction of street lights, traffic control devices, signage and other similar improvements. I) "Utility system improvements" mean public water, sewer and storm drainage system improvements including but not limited to the acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, testing, connection fees, and installation of improvements as required by the City and includes but is not limited to the following: 1) Water system improvements including but not limited to such things as treatment facilities, reservoirs, wells, mains, valves, fire hydrants, telemetry systems, pumping stations, and pressure reducing stations; 2) Sewer system improvements including but not limited to such things as treatment plants, gravity mains, lift stations, force mains, and telemetry systems; and 3) Storm sewer system improvements including but not limited to such things as water quality structures and systems, detention and retention facilities, and storm water collection and conveyance facilities. 14.12.030 APPLICATION FOR DEVELOPMENT REIMBURSEMENT AGREEMENT. A) Any developer constructing arterial street systems improvements required as a prerequisite for further property development or to construct or make improvements to the water and sewer facilities system to serve the real property of the developer, within the City or within the City's utility service area, may apply to the City for a Developer Reimbursement Agreement in order to recover a pro rata share of the costs of construction from other property owners that will later derive a benefit from the street and/or utility system improvements made by developer. B) The City shall not permit a Developer Reimbursement Agreement under this Chapter until determination has been made by the City for payment of utility oversizing costs or reimbursement of the developer for the construction costs of all or a portion of the improvements. The oversizing costs for utilities shall be defined as the cost of the materials only. The additional excavation, up to two feet in depth, shall be considered incidental to the material oversize cost and not be eligible for reimbursement. C) Developer Reimbursement Agreements for road or street construction shall meet the following criteria: Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements-3 1) New street or reconstruction of existing streets meeting the Arterial Street Standards to include concrete curb and gutter; or 2) Partial new street construction or reconstruction of an existing street to City Arterial Street Standards where the minimum improvements consist of a 28-foot width of ACP with 2-foot gravel shoulders on streets that do not abut real property owned by the developer. D) The application for a Developer Reimbursement Agreement shall be made no later than thirty (30) days aft=er the date the street and/or utility system improvements have been accepted by the City. Acceptance by the City shall mean, for purposes of this section, the date the public facilities are conveyed to the City by final plat approval, a Deed of Conveyance or other equivalent written document. Application shall be made on forms prepared by the Public Works Department and shall be accompanied by all City fees. The application shall contain the following information which shall be approved by a State of Washington licensed engineer. 1) A legal description of the developer's property. 2) A legal description of the properties within the developer's proposed Assessment Reimbursement Area together with the name and address of the owners of each property as shown in the records of the Assessor's Office of Franklin County. 3) Vicinity maps of developer's property. 4) The developer's proposed Assessment Reimbursement Area and general location of the street and/or utility system improvements. S) Itemized cost date approved by a State of Washington licensed engineer for the cost of construction. 6) The developer's proposed allocation of the cost of construction to the individual properties within the proposed Assessment Reimbursement Area and the method used for such allocation. 7) Construction drawings or asbuilt drawings as required by the Public Works Department. E) The Public Works Department will provide the applicant written notice whether the application is complete and, if incomplete, what must be done for the application to be considered complete. The applicant shall within thirty (30) days from the date of the written notice, respond and provide the information required to complete the application or, if the applicant cannot submit the required information within the thirty (30) day period, the applicant shall provide the City a written explanation of why they cannot provide the information within the designated time period and a date that the requested information will be submitted. In its discretion, the Public Works Department may grant the applicant an extension of not more than Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements-4 sixty (60) days to submit the required information. If the applicant fails to meet the foregoing time frame, the Public Works Department may, in it discretion, reject the application as untimely. F) The Public Works Director shall establish policies and procedures for processing applications and complying with the requirements of this Ordinance. 14.12.040 PRELIMINARY DETERMINATIONS. The Public Works Department shall formulate a preliminary assessment reimbursement area and preliminary assessment for real property benefited by the street and/or utility system improvements based on the following and provide the same to the developer: A) The likelihood that benefited property will be developed within fifteen (15) years from the date of recording of the Developer Reimbursement Agreement. B) The likelihood that at the time of development of the benefited property such property will not be required to install similar street and/or utility system improvements because they were already installed by the developer. C) For street system improvements, that benefited parcels are adjacent to such street system improvements. D) For utility system improvements, the likelihood: 1) That such improvements will be tapped into or used (including not only direct connections but also connection to laterals or branches connecting thereto) by properties within the assessment reimbursement area; or 2) That such properties will receive a special benefit from the utility system improvements such as, but not limited to pump stations, sewer lift stations, and additional utility pipe depth to accommodate future utility expansion. E) An equitable allocation of the cost of construction among the properties within the assessment reimbursement area, so that each pays for benefits attributable to those improvements. The method or methods used to calculate the allocation of the assessment may be either front footage, number of units, square footage, or may be the zone and termini method or other recognized methods reasonably calculated to equitably allocate the assessment. 14.12.050 PRELIMINARY DETERMINATION NOTICE. A) The preliminary assessment reimbursement area and the preliminary assessment formulated by the Public Works Department shall be sent by certified mail to the property owners of record within the preliminary assessment reimbursement area. Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements-5 B) The applicant or any property owner within the preliminary assessment reimbursement area may, in writing within twenty (20) days of mailing the notice, request a bearing to be held before the City Council to contest the preliminary assessment reimbursement area and preliminary assessment. Notice of such hearing shall be given to all property owners within the preliminary assessment reimbursement area and the hearing shall be conducted as soon as is reasonably practical. The City Council is the final authority to establish the assessment reimbursement area and the assessment for each property within the assessment reimbursement area. C) In the event no written request for a hearing is received as required, the determination of the Public Works Department shall be final. 14.12.060 DEVELOPER REIMBURSEMENT AGREEMENT. Based upon the preliminary assessment reimbursement area and the preliminary assessment, if no hearing is requested, or based upon the City Council's determination of the assessment reimbursement area and assessment if a hearing is requested, the Public Works Department shall prepare and give to the applicant a Developer Reimbursement Agreement. 14.12.070 RECORDING/EFFECTIVE DATE/PAYMENT OF ASSESSMENT/ LIEN FOR NONPAYMENT. A) The Developer Reimbursement Agreement shall be recorded by the Developer with the Franklin County Auditor within thirty (30) days of the Agreement's final execution. B) The City shall not issue a building permit or similar development permit or approval nor grant permission to use water or sewer service unless the City has received full payment of the assessment applicable to the property connecting to or using the street and/or utility system improvements constructed by developer; provided, if the Developer Reimbursement Agreement's validity is being challenged, the City reserves the right to issue a permit, approval or permission without liability or prejudice to the City and without prejudicing the developer's rights or remedies under this Chapter or otherwise at law or in equity. C) If improvements are made to a property adjacent to a street improvement or if a property connects to a utility system improvement without payment of an assessment otherwise due, the amount of such assessment shall be a binding obligation upon the owner of record (and successors) of the affected property. D) Failure by a property owner to pay the assessment due within one hundred eighty (180) days of notice to this effect shall entitle the developer to foreclose against the property in the same manner as a mortgage, and shall entitle the developer to recover reasonable costs and attorney fees. 14.12.080 SEGREGATION. The Public Works Department shall, upon the request Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements-- Latecomers Agreements-6 of any property owner within the assessment reimbursement area, segregate the assessment. The segregation shall be based upon the same factors applied when the assessments were originally established. The property owner seeking segregation of the assessment shall pay an administrative fee to the City based upon a segregation fee schedule to be established by the Public Works Department. 14.12.090 TERM OF DEVELOPER REIMBUSEMENT AGREEMENTS. Each developer reimbursement agreement shall be valid for a period not to exceed fifteen (15) years from the date of its final execution. 14.11100 REMOVAL OF UNAUTHORIZED CONNECTIONS OR TAPS. Whenever any tap or connection is made into any utility improvement without payment of the assessment being made as required by this Chapter, the Public Works Department is authorized to remove and disconnect, or case to be removed and disconnected, such unauthorized tap or connection including all connecting tile or pipe located in the right-of-way and to dispose of such unauthorized material without liability. The owner of the property where the unauthorized connection is located shall be liable for all costs and expenses of any type incurred to remove, disconnect, and dispose of the unauthorized tap or connection. 14.12.110 CITY ADMINISTRATIVE FEE. The City shall charge for processing Development Reimbursement Agreements as identified in Chapter 3.07 of the Pasco Municipal Code. 14.12.120 PAYMENT OF DEVELOPMENT REIMBURSEMENT CHARGE. Each assessment shall be due in its entirety upon connection to or use of a street and/or utility system improvement by a property subject to an assessment, and shall be paid to the City. The City will pay over to developer the amounts collected within sixty (60) days of receipt. When the assessment for any property has been paid in full, the Public Works Director shall issue a certification of payment that will release such property from the Developer Reimbursement Agreement which may be recorded by the owner. 14.12.130 ENFORCEMENT OF LATECOMER OBLIGATIONS. A) In processing and imposing obligations in this Chapter for reimbursement of developers, the City in no way guarantees payment of assessments by latecomers, or enforceability of assessment, or enforceability of the Development Reimbursement Agreement, or the amount(s) thereof against such persons or property, Nor will the offices or finances of the City be used for enforcement or collection of latecomer obligations beyond those duties specifically undertaken by the City herein. It shall be the obligations of a developer to take whatever authorized means are available to enforce payment of latecomer assessments and, developers are hereby authorized to take such actions. The City shall not be responsible for locating any beneficiary or survivor entitled to any benefits by or through a Developer Reimbursement Agreement. Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements--Latecomers Agreements-7 B) Any funds collected under this Chapter that are unclaimed by developers after one (1) year from the expiration of the Developer Reimbursement Agreement shall be returned to the parties making payments to the City, if they may be reasonably found minus any reasonable administrative costs. Any undeliverable funds shall inure to the benefit'of the City. Section 2. For the purposes of providing for an equitable implementation of this Ordinance, the City shall receive applications for Development Reimbursement Agreements for street and/or utility improvement projects that have been accepted by the City within one (1) year of the effective date of this Ordinance, the provisions of Subsection D of enacted Section 14.12.030 contained in Section 1 of this Ordinance above notwithstanding. Section 3. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter or its application to any other person or situation. Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 261-J-� day beCie*W, 04.- L i ael L. Ga is n Mayor ATTEST: APP OVE AS TO FORM: Webster U. Jackson Leland B. Kerr City Clerk City Attorney Ordinance Creating 14.12 Street and Utilities Assessment Reimbursement Agreements-- Latecomers Agreements-8