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Ord 90-022, � � 0072.19001 JDW/naa O1/12/90 ORDINANCE NO. 90-22 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR STREET ASSESSMENT REIMBURSEMENT AGREEMENTS. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: S�ction 1. �pose This ordinance is intended to implement and thereby make available to the public the provisions of Chapter 35.72 RCW as the same now exists or may hereafter be amended, by allowing the City to contract with the owners of real estate for the construction or improvement of street projects which the owners elect to install as a result of ordinances requiring such projects as a prerequisite to further property development, and allowing the partial reimbursement to the owner by other property owners benefiting from said improvements in certain instances. Section 2. Authorization. Any owner of real estate who is required to construct or improve street projects as a result of any provision of this ordinance as a prerequisite to further development may make application to the Public Works Director for the establishment by contract of an assessment reimbursement area as provided by State law. Section 3. Application--Contents. Every application for the establishment of an assessment reimbursement area shall be accompanied by the application fee specified in Section 8 of JDW007210 -1- ��IG�NI�. • ! this ordinance and shall include the following items: A. Detailed construction plans and drawings of the entire street project, the costs of which are to be � borne by the assessment reimbursement area, prepared and stamped by a licensed engineer; B. Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration; C. A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within the area. Such map shall identify the location of the street project in relation to the parcels of property in such area; D. 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 parcel of property within said area; E. 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; F. Envelopes addressed to each of the record owners of JDW007210 -2- . • property at the address shown on the tax rolls of the County Treasurer within the assessment reimbursement area who has not contributed a pro rata share of such costs as based on the benefit to the property owner from such project. Proper postage for registered mail shall be affixed or provided; G. Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project. Section 4. Notice to property owners. Prior to the execution of any contract with the City establishing an assessment reimbursement area, the Public Works Director or designee shall mail, via registered mail, a notice to all record property owners within the assessment reimbursement area as determined by the City on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement: As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns may be obligated to pay under certain circumstances, a pro rata share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, may have to pay such share, if any development permits are issued for development on your property within (_) years of the date a contract establishing such area is recorded with the King County Department of Records, JDW007210 -3- • • provided such development would have required similar street improvements for approval. You have a right to object to your property's assessment and request a hearing before the Federal Way City Council within twenty (20) days of the date of this notice. All such requests must be in writing and filed with the City Clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract. Dated: Section 5. City council action. If the owner of any property within the proposed assessment reimbursement area requests a hearing, notice of such shall be given to all affected property owners in addition to the regular notice requirements specified by this ordinance. Cost of this notice shall be borne by the applicant. At the hearing the City Council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required and shall authorize the execution of appropriate documents. If no hearing is requested, the Council may consider and take final action on these matters at any public meeting held more than twenty days after notice was mailed to the affected property owners. Section 6. Preliminary assessment reimbursement area-- Amendments. If the preliminary determination of area boundaries and assessments is amended so as to raise any assessment appearing thereon, or to include omitted property, a new notice of area boundaries and assessments shall be given as in the case of an original notice; provided, that as to any property originally included in the preliminary assessment area which assessment has JDW007210 -4- � . not been raised, no objections shall be considered by the Council unless the objections were made in writing at or prior to the date fixed for the original hearing. The City Council's ruling shall be determinative and final. Section 7. Contract execution and recording. A. Within thirty 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 officials. B. To be binding the agreement must be recorded with the King County Department of Records within thirty days of the final execution of the agreement. C. If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement. Section 8. Application fees. The applicant for street reimbursement agreements as provided for in this ordinance shall reimburse the City for the full administrative and professional costs of reviewing and processing such application and of preparing the agreement. At the time of application a minimum fee of two hundred fifty dollars, plus .025 percent of the value of the assessment contract, to a maximum of two thousand five hundred dollars shall be deposited with the City and credited against the actual costs incurred. The applicant shall reimburse the City for such costs before the agreement is recorded. Section 9. City financing of improvement projects. As JDW007210 -5- • � an alternative to financing projects identified in this ordinance solely by owners of real estate, the City may join in the financing of an improvement project and may be reimbursed in the same manner as the owners of real estate who participate in the project, upon the passage of an ordinance specifying the conditions of the City's participation in such project. The City shall be reimbursed only for the costs of improvements that benefit that portion of the public who will use the developments within the established assessment reimbursement area. No City costs for improvements that benefit the general public shall be reimbursed. Section 10. This ordinance shall be effective as of February 28, 1990, which is more than five (5) days after publication oE an approved summary consisting of the title to this ordinance. PASSED by the City Council of the City of Federal Way this 30 � day of January � 1990. ATTEST/AUTHENTICATED: ��'� ' � �� ��%/ � •• �� APPROVED AS TO FORM: OFFIC OF THE CITY ATTORNEY: BY ` - CITY OF FEDERAL WAY MAYOR, DEBRA ERTEL JDW007210 -6- � FILED WITH THE CITY CLERK: 1/23/90 PASSED BY THE CITY COUNCIL: 1/30/90 PUBLISHED: 2/4/90 EFFECTIVE DATE: February 28, 1990 ORDINANCE NO. 90-22 � __ _ _ Chapter 35.72 ° CONTRACTS FOR STREET PROJECTS � P Sections � 35.72.010 Contracts authorized for street projects. n 35.72.020 Reimbursement by other property owners. b 35.72.030 Reimbursement by other property owners—Reim- b bursement share. b 35.72.040 Assessment reimbursement contracts. 35.72.050 Aiternative financing method—Participation by county, city, town, or department of transporta- � tion—Eligibility for reimbursement. C (1989 Ed.) JDW007210 -7-