HomeMy WebLinkAboutORD 4189 . � + • '
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, ° • ' Amends Ordinance No. ` 3671
Amended by Ordinance No. 4192
, , Amended by Ord #4206--transl-er-
ed to Ti tl e V = � •
Amended By ORD ��4443
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4189
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 1628
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON" BY ADDING A NEW CHAPTER ENTITLED LATECOMER'S
AGREEMENTS, AND AMENDING CHAPTER 41, FEE SCHEDULE, OF
TITLE I (ADMINISTRATIVE) ESTABLISHING THE AUTHORITY,
PROCEDURE, AND FEES FOR LATECOMER'S AGREEMENTS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Title IX (Public Ways and Property) of
Ordinance No. 1628 entitled "Code of General Ordinances of the City
of Renton" is hereby amended by adding the following chapter:
CHAPTER 17 -
LATECOMER'S AGREEMENTS
9-1701: AUTHORITY: The City has the discretionary power to
grant latecomer's agreements to developers, owners, and the City
itself for the reimbursement of a pro rata portion of the original
costs of water. systems, sanitary sewer systems, storm water drainage
systems, and street improvements including signalization and
lighting. The authority to approve a latecomer's agreement is
vested in the Renton City Council .
9-1702 : APPLICATION: Application for a latecomer's agreement
sha�l be made prior to the installation of the improvement.
Application may be by letter to the Mayor and City Council
requesting a latecomer's agreement, or upon forms prepared by the
public works department. Any application for a latecomer's
agreement shall contain the following information:
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ORDINANCE N0. 4189
A. Legal description of applicant's property.
B. Legal description of the benefited properties .
C. Vicinity maps of applicant' s property, benefiting
properties, and the location of the improvement.
D. Estimated cost data and inventory for the improvements.
E. Proposed pro rata share of the cost of the improvement to
be borne by the benefiting properties, and a proposed method of
assessment of that pro rata share to the individual benefiting
properties .
9-1703: PRELIMINARY APPROVAL: The City Council may grant
preliminary approval for a latecomer's agreement for a period of two
years, based upon the information contained in the request for a
latecomer' s agreement and any input from the Administration, or the
City Council may request further information from the applicant
and/or the Administration, or the City Council may deny the
preliminary latecomer' s agreement. As part of any preliminary
approval, the Council shall indicate the duration for which the
latecomer's will be approved, after completion of the improvements,
which approval period shall not be more than ten years . Likewise,
the Council shall indicate whether or not the applicant will have an
option to extend the agreement, for one time only, for a period of
up to an additional five years .
9-1704: NOTICE OF LATECOMER'S AGREEMENT:
A. PRIVATE LATECOMER'S: Upon drafting of the preliminary
assessment roll, the preliminary determination of the latecomer' s
area boundaries and assessments, along with the description of the
property owners ' rights and options to participate in the
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ORDINANCE N0. 4189
latecomer's agreement, shall be forwarded by registered mail, return
receipt requested, to the property owners within the proposed
assessment area. The property owners may request a hearing before
the Renton City Council within twenty (20 ) days of the mailing.
The City Council, by ordinance or voice vote, may delegate the
Hearing Examiner or other hearing officer to hold the requisite
public hearing and establish a record, together with a
recommendation for the Renton City Council. The City Council 's
ruling is determinative and final .
B. CITY PARTICIPATION: The City may participate in a
street latecomer' s area where the City has joined in the financing
of the road improvements that will benefit undeveloped properties .
No improvements that benefit the general public may be subject to a
City held latecomer' s agreement. The City may be reimbursed for its
investment in the road improvements in the same manner as the owners
of real estate who participate in the project and request a
latecomer's status . Interest on any City held latecomer's agreement
shall accrue at the rate calculated, pursuant to City Code Section
3-241 (B) . Interest charges should be simple interest and not
compound interest.
The City of Renton may hold and charge certain other fees
similar to latecomer's charges which are commonly referred to as
special utility connection charges and/or special assessment
district charges, pursuant to Sections 3-241 and 8-717 of the City
Code.
9-1705: FINAL LATECOMER'S AGREEMENT: Upon completion of the
improvement, final costs shall be submitted to the City. The public
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ORDINANCE N0. 4189
works department shall prepare a final proposed latecomer's
agreement and accompanying assessment roll . The assessment roll
shall list all of the benefited property ownerships as disclosed by
the records of the King County Assessor. The cost of the
improvements will be spread among the property owners on the roll
based upon their pro rata share of said costs . The method of
assessment to be used will be one of or a combination of the
following methods, unless otherwise approved or directed by the
Renton City Council:
a. front foot method
b. zone front foot method
c. square footage method
d. contract method
e. trip generation (traffic) method (if applicable)
f. other equitable method
g. any combination of inethods a through f.
9-1706: RECORDING AND NOTICE: Following receipt of the
assessment roll, the City Council, if provided with sufficient
information and if the improvement and cost thereof are consistent
with the preliminary approval, shall grant the latecomer' s agreement
and authorize the Mayor and City Clerk to sign the same. The fully
executed latecomer's agreement shall be recorded in the official
property records of King County, Washington.
9-1707 . CONTRACT FINALITY: Once the latecomer' s agreement is
recorded in the appropriate county auditor' s office, it shall be
binding on owners of record within the assessment area who are not
party to the contract. Such contract must be recorded within thirty
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ORDINANCE N0. 4189
(30) days of final execution of the agreement. The city requires
that a second notice reflecting final costs be mailed to the
property owners by certified mail, return receipt requested, bearing
the King County Auditor' s File Number on the latecomer's agreement
reflecting final costs .
9-1708. TITLE TO IMPROVEMENT AND ASSIGNMENT OF BENEFIT:
Before the City will collect any latecomer' s fee, the holder of the
latecomer's agreement will transfer title to all of the improvements
under the latecomer' s agreement to the City of Renton. The holder
of the latecomer' s agreement will also assign to the City the
benefit and right to the latecomer' s fee should the City be unable
to locate the holder of the latecomer' s agreement to tender any
latecomer' s fee that the City has received. The holder of the
latecomer' s agreement shall be responsible for keeping the City
informed of their correct mailing address . Should the City be
unable to locate the holder of the latecomer' s agreement in order to
deliver a latecomer's fee, the City shall undertake an independent
investigation to determine the location of the holder of the
latecomer's agreement. Should the City, after a good faith attempt
to locate the holder of the latecomer's agreement be unable to do
so, the latecomer's fee shall be placed in the Special Deposit Fund
held by the City of Renton for two years . At any time within the
two year period the holder of the latecomer' s agreement may receive
the latecomer' s fee, without interest, by applying to the City for
that latecomer' s fee. After the expiration of the two year period,
all rights of the holder of the latecomer's agreement to that fee
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ORDINANCE N0. 4189
shall expire, and the City shall be deemed to be the owner of those
funds .
9-1709. TENDER OF FEE: When the City of Renton has received
the funds for a latecomer' s fee, it will forward that fee to the
holder of the latecomer' s agreement within thirty ( 30} days of
receipt of the funds . Funds received by negotiable instrument, such
as a check, will be deemed received ten ( 10) days after delivery to
the City. Should the City fail to forward the latecomer's fee to
the holder of the latecomer' s agreement through the City's sole
negligence, then the City shall pay the holder of the latecomer's
agreement interest on those monies at the rate of interest specified
in City Code Section 3-241 {B) . However, should the holder of the
latecomer's fee not keep the City informed of its current correct
mailing address, or should the holder otherwise be negligent and
thus contribute to the failure of the City to pay over the
latecomer' s fee, then no interest shall accrue on late payment of
the latecomer' s fee.
9-1710. RELEASE OF ASSESSMENT: When funds are received for a
latecomer' s fee, the City will record a certificate of payment and
release of assessment for the real property owned by the party
paying the latecomer' s fee, within thirty (30 ) days of receipt of
the funds .
9-1711. EXTENSION: When authorized by the City Council, a
latecomer's agreement can be extended for a period of up to five
years . The extension will be granted upon written request for such
extension made by the holder of the latecomer's agreement prior to
the expiration of the agreement. The latecomer' s agreement will
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ORDINANCE N0. 4189
expire at the end of the ten year period of time or, if extended, at
the end of the extended period of time. If a latecomer's agreement
expires and properties abutting the improvements listed on the
assessment rolls have not paid their latecomer' s fee, then those
properties are to be considered as not having participated in the
water, sanitary sewer, and storm water (drainage) utility
improvements pursuant to City Code Sections 3-241 (A) and 3-241 (B)
for water, and Section 8-717 (A) for sanitary sewer.
9-1712. FEES: There shall be a fee for the administration
processing and collecting of latecomer's agreement, which fee shall
be in the amount of 15� of the total amount to be collected. Prior
to the granting of the final latecomer's agreement there shall be
paid to the City of Renton a processing fee in the amount of
$1, 000 . 00 if the amount to be collected under the latecomer' s
agreement is $10, 000 or more and $200 . 00 if under $10, 000, which
amount shall be credited against any amount to be collected against
the 15� fee. The 15� fee will be collected by deduction from each
individual latecomer fee payment and the balance forwarded to the
developer.
9-1713. CITY NOT RESPONSIBLE: By instituting the latecomer' s
agreement the City of Renton does not agree to assume any
responsibility to enforce the latecomer' s agreement. The assessment
roll will be a matter of public record and will serve as a notice to
the owners of the potential assessment should connection to the
improvements be made. The holder of the latecomer's agreement has
responsibility to monitor those parties connecting to the
improvement. Should the City become aware of such a connection, it
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ORDINANCE N0. 4189
will use its best efforts to collect the latecomer's fee but shall
not incur any liability should it inadvertently fail to collect the
latecomer's fee.
SECTION II. Existing Chapter 41 of Title I (Administrative) of
Ordinance No. 1628 entitled "Code of General Ordinances of the City
of Renton, " subsections 17 and 18 thereof are hereby amended to read
as follows :
17 . Latecomer's Agreements . Section 1-4101 . 17 as amended:
A: Latecomer' s Deposit $1, 000 . 00 if the amount 9-1712
covered by the latecomer's
is $10, 000 . 00 or more and
$200 . 00 if under, which will
be credited towards a
processing fee.
B: Latecomer' s Processing 15$ of total . 9-1712
Fee
C: Recording Fees as expended by the City. 9-1712
18 . Revoked.
SECTION III. This Ordinance shall be effective upon its
passage, approval, and thirty days after publication.
PASSED BY THE CITY COUNCIL this 21st day of November ,
1988 .
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.�,%1_,.-,�L'-�G-�z4 .fF�> ,.''..!'_.!'^z�".�l.
Maxine E. Motor, Cit:�� Clerk
APPROVED BY THE MAYOR this 21st�y of November , 1988 �
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Earl Clymer, �yor �`
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Approv as to form:
Law ence J. en, i y Attorney
Date of Publication: Published in Summary November 25, 1988
ORD.45 : 10-20-88 :as .
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