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
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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
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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,
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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
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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
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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:
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APPROVED AS TO FORM:
OFFIC OF THE CITY ATTORNEY:
BY ` -
CITY OF FEDERAL WAY
MAYOR, DEBRA ERTEL
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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
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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.)
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